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HomeMy WebLinkAbout6/5/2003 AGENDA BACKUPAMSA PLATINUM AWARD 2002 Central Contra Costa Sanitary District YEAR 2002 PLANT OPERATIONS • Total Processed Flow — 16.2 billion gallons • Total Ash Produced — 5,438 tons • Laboratory Compliance Analyses — 39,500 • Permit Violations — 0 (100% Compliance) 1 AMSA AWARDS CRITERIA • Silver - 1 to 5 Violations Per Year • Gold - 0 Violations Per Year • Platinum - 0 Violations for 5 Years Year 2002 AMSA Statistics • AMSA Agencies - 351 • 2002 AMSA Silver Awards - 133 • 2002 AMSA Gold Awards - 209 • 2002 AMSA Platinum Awards - 32 2 �M s F . PAST PERFORMANCE 4a � AWARD -'✓ 1992 1993 Silver 1994 t u � 1995 t, Gold 1996 Silver 1997 ••i • • b t , 1999 Gold • • • • 2002 Platinum PERMIT COMPLIANCE "CHALLENGES" • Construction Impacts • Mechanical Breakdown of Critical Equipment • Communication of Activities • Uncontrollable Constituents • New Permit Concerns — More Difficult Permit Requirements 3 ACKNOWLEDGEMENTS • Board Support • Staff Efforts Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2003 No.: 4.a. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION; QUITCLAIM EASEMENT subject: ADOPT A RESOLUTION AUTHORIZING EXECUTION AND RECORDING OF A QUITCLAIM DEED TO EAST BAY MUNICIPAL UTILITY DISTRICT FOR AN UNNEEDED EASEMENT AT THEIR DANVILLE PUMPING STATION, JOB 1583 - PARCEL 13 /SUB- PARCEL A (PORTION) Submitted By: Jarred Miyamoto -Mills Initiating Dept /Div.: Engineering/ Principal Engineer Environmental Services REVIEWED AND RECOMMEND FOR BOARD ACTION: J. Miyamoto -Mills C. Swanson General Man ISSUE: The Board of Directors' authorization by resolution is required to quitclaim easements. RECOMMENDATION: Adopt a resolution authorizing execution of a Quitclaim Deed to East Bay Municipal Utility District ( EBMUD) for an unneeded easement at their Danville Pumping Plant. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: An easement through property now occupied by EBMUD's Danville Pumping Plant was granted to the District in 1956 in conjunction with Local Improvement District No. 33. An eight -inch public main sewer was installed in the easement to convey wastewater from development to the west, across the adjacent Southern Pacific Railroad (SPRR) right -of -way and the pumping plant site to the District's trunk sewer in Danville Boulevard. When the San Ramon Valley Trunk Sewer was installed in the former SPRR right -of -way in 1988, the L.I.D. sewer to the west was intercepted and connected to the new trunk, and a portion of the eight -inch public main was abandoned. In 2002, EBMUD built a number of new facilities on their pumping plant site, removed or abandoned -in -place an additional 136 feet of the eight -inch public main, and constructed a new terminal manhole on the active portion of the main. They have requested that CCCSD quitclaim the portion of the easement on their property where the public main was removed or abandoned. See Attachment 1 for a map. U: \Position Papers\ Miyamoto - Mills \EBMUDQuitclaimPP.doc 5/29/03 10:14 AM Page 1 of 3 POSITION PAPER Board Meeting Date: June 5, 2003 subject ADOPT A RESOLUTION AUTHORIZING EXECUTION AND RECORDING OF A QUITCLAIM DEED TO EAST BAY MUNICIPAL UTILITY DISTRICT FOR AN UNNEEDED EASEMENT AT THEIR DANVILLE PUMPING STATION, JOB 1583 - PARCEL 13 /SUB- PARCEL A (PORTION) RECOMMENDED BOARD ACTION: Adopt a resolution authorizing the President of the Board of Directors and the Secretary of the District to execute a Quitclaim Deed to East Bay Municipal Utility District (EBMUD) for an unneeded easement at their Danville Pumping Plant, CCCSD Job 1583 - Parcel 13 /Sub - Parcel A (Portion). U: \Position Papers\ Miyamoto - Mills \EBMUDQuitclaimPP.doc 5/29/03 10:14 AM Page 2 of 3 of 3 I I G ' I I I I I J - J X11 oP 1 e Q F- � v0 O 01P oP . QUITCLAIM PORTION OF CCCSD R/W 3005 OR 138 , SITE LOCATION MAC �\ o Hq V,c„' LN o- O -- N v , G m E 0 160 320\ �O x Central Contra Costa Attachment Sanitary District QUITCLAIM TO E. B. M. U. D. JOB 1583 1 ' PARCEL 13/SUB— PARCEL A (PORTION) Page 3 of 3 Central Contra Costa San. _dry District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2003 No.: 4.b. CONSENT CALENDAR Type of Action: CONFIRM ASSESSMENTS Subject: CONFIRM AND LEVY FINAL ASSESSMENTS FOR THE BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98 -5, DISTRICT PROJECT 5477 Submitted By: Initiating Dept /Div.: Curtis W. Swanson, Division Manager Engineering /Environmental Services Division REVIEWED AND RECOMMENDED FOR BOARD ACTION: Cv — �w Y C. Swanson A. Farre General Ma ISSUE: Work has been completed on the Barbee Lane Contractual Assessment District No. 98 -5 (CAD No. 98 -5), and the final assessments can be established and levied. RECOMMENDATION: Adopt a resolution confirming and levying final assessments and authorizing a Notice of Assessment to be recorded in the office of the County Recorder for the Barbee Lane CAD No. 98 -5, District Project 5477. FINANCIAL IMPACTS: This action will allow the District to be reimbursed for project costs totaling $124,979. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The Board of Directors ordered improvements for the Barbee Lane CAD No. 98 -5 in Alamo at its meeting held on July 19, 2001. The area is shown in Exhibit A. The work to install the improvements has been completed, and the final costs are known. The final costs are shown in Exhibit B. Based on these final costs, the final assessments for each property have been determined and appear as Exhibit C, Assessment Roll. The assessment for the CAD properties would be $20,829.83 (prepaid) or $2,899.48 per year (10 -year payments). The Board is requested to confirm and levy these final assessments and to authorize a Notice of Assessment to be recorded. A resolution has been prepared, which, if adopted, will confirm and levy assessments and authorize the recording of the Notice. This resolution is included as Exhibit D. RECOMMENDED BOARD ACTION: Adopt a resolution confirming and levying final assessments and authorizing a Notice of Assessment to be recorded in the office of the County Recorder for the Barbee Lane CAD No. 98 -5, District Project 5477. Page 1of7 0&_ FREEWAY C - GOP M O BLV Lu u Q J 3 I nrOTIMI KAAP N o ,so FEET POTENTIAL CAD AREA EXISTING SEWER PLANNED CAD SEWER 9E CAD PARTICIPANT NON - PARTICIPANT ASSESSMENT NUMBER x Central Contra Costa PROPOSED BOUNDARY OF Attachment Sanitary District BARBEE LANE ' CAD 98- A f DISTRICT PROJECT NO.5477 V Page 2 of 7 EXHIBIT B BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 98-5; SIX PARCELS FINAL COST REPORT — MAY 19, 2003 ITEM AMOUNT Construction 8 -inch Sewer – DIP Standard Manholes 4 -inch DIP Laterals (1) Street Overlay Total Construction Cost $106,270 Private Engineering Survey and Design $13,999 Total Private Engineering Cost $13,999 District Services Plan Review $820 Construction Inspection $2,390 Administrative Charges $1,500 Total District Costs $4,710 PROJECT COST SUBTOTAL (CONSTRUCTION + PRIVATE ENGINEERING + DISTRICT $124,979 RESERVE FUND - 5% OF CONSTRUCTION COST $6,249 TOTAL PROJECT COST $131,228 (1) For portion of lateral sewer in street or right -of -way. T: \Planning \Leavitt \CADS \Barbee \Final Assessment PP.doc 5/28/03 1:43 PM Page 3 of 7 EXHIBIT C BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 98 -5 FINAL ASSESSMENT ROLL ASSESSMENT NUMBER PARCEL DESCRIPTION TAX ROLL ASSESSMENT AMOUNT (10 -YR EQUAL PAYMENTS) (1) PREPAID AMOUNT 1 198 - 120 -011 $2,899.48 $20,829.83 2 198 - 120 -009 $2,899.48 $20,829.83 3 198 - 120 -008 $2,899.48 $20,829.83 4 198 - 120 -005 $2,899.48 $20,829.83 5 198- 120 -004 $2,899.48 $20,829.83 6 198 - 120 -003 $2,899.48 $20,829.83 (1) Interest rate for annual assessments is 6.76% T: \Planning \Leavitt \CADS \Barbee \Final Assessment PP.doc 5/28/03 1:43 PM Page 4 of 7 RESOLUTION NO. 2003- RESOLUTION CONFIRMING FINAL ASSESSMENTS AND AUTHORIZING RECORDING BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98 -5 The Board of Directors of the Central Contra Costa Sanitary District resolves: This Board has taken a series of actions preliminary to establishing final assessments for the Barbee Lane Contractual Assessment District No. 98 -5, Central Contra Costa Sanitary District, Contra Costa County, California, and now makes the following findings and orders: 1. The Board adopted its Resolution of Intention (Resolution No.98 -160) to order the improvement described therein under the Municipal Improvement Act of 1911, and directed Curtis W. Swanson, Engineer of Work, to prepare the report required by Section 5989.22 of the Streets and Highways Code. 2. Pursuant to Resolution No. 98 -161, the Board approved 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 on the 8th day of December 1998, on page 34 in Book 63 of Assessment and Community Facilities Districts. The improvement is generally described as follows: Construction and installation of approximately 560 linear feet of sanitary sewer line, together with appurtenant work and facilities located along Barbee Lane, Alamo, California. 3. The Board established July 19, 2001, as the date for a public hearing to create the Barbee Lane Contractual Assessment District No. 98 -5. 4. The owners of record were provided ballots 45 days before the hearing on which owners could indicate approval of or opposition to the imposition of assessments. T: \Planning \Leavitt \CADS \Barbee \Final Assessment PP.doc 5/28/03 1:43 PM Page 5 of 7 5. The Board of Directors conducted a public hearing on July 19, 2001, pursuant to Section 5898.26 of the Streets and Highways Code and gave every person present an opportunity to comment on and object to the proposed Contractual Assessment Program, the improvement and the extent of the Assessment District. 6. The Board found that no written protests against the proposed improvement were made by owners representing more than one half of the area of the land to be assessed for the improvement. All of the owners of record voted to approve the imposition of assessments. 7. The Board approved the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report, one of which was a table of estimated assessments. 8. The Board found that the Engineer's Report, 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 District and in proportion to the special benefits derived by each parcel, in relationship to the entirety of the capital cost of the improvement. A draft version of the Agreement, within which the owners voluntarily and unanimously agreed to the imposition of an assessment, was attached as an exhibit to the Engineer's Report and was incorporated by reference. 9. Lastly, the Board ordered the improvement described in paragraph 2 and as detailed in the Engineer's Report. 10. The work on the improvement has been completed pursuant to a private agreement entered into by the owners, and was accepted on November 30, 2001. The final costs for the improvement have been determined; the final assessments for each property have been determined; and a Notice of Assessment will be sent to each property owner after the Board confirms the final assessments. 11. The final assessments for each property appear on the Assessment Roll. The Board hereby confirms and levies each individual final assessment as stated in the Assessment Roll. 12. Payment of all or any part of such final assessments may be made at the office of the Controller, Central Contra Costa Sanitary District, 5019 Imhoff Place, Martinez, California 94553. The deadline for receipt of such payment by the Controller is the close of business on July 10, 2003. Thereafter, unpaid assessments will be payable in yearly installments of principal and interest at 6.76 percent compounded annually over a period of ten (10) years. T: \Planning \Leavitt \CADS \Barbee \Final Assessment PP.doc 5/28/03 1:43 PM Page 6 of 7 PASSED AND ADOPTED this 5th day of June 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 of the Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel T: \Planning \Leavitt \CADS \Barbee \Final Assessment PP.doc 5/28/03 1:43 PM Page 7 of 7 Central Contra Costa San. ary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2003 No.: 4.c. CONSENT CALENDAR Type of Action: CONFIRM ASSESSMENTS subject: CONFIRM AND LEVY FINAL ASSESSMENTS FOR THE REGENT PLACE CONTRACTUAL ASSESSMENT DISTRICT NO. 2000 -2, DISTRICT PROJECT 5444 Submitted By: Initiating Dept. /Div.: Curtis W. Swanson, Division Manager Engineering /Environmental Services Division REVIEW D RECOMMEND AN ED FOR BOARD ACTION: C. Swanson A. Farrell General ISSUE: Work has been completed on the Regent Place Contractual Assessment District No. 2000 -2 (CAD No. 2000 -2), and the final assessments can be established and levied. RECOMMENDATION: Adopt a resolution confirming and levying final assessments and authorizing a Notice of Assessment to be recorded in the office of the County Recorder for the Regent Place CAD No. 2000 -2, District Project 5444. FINANCIAL IMPACTS: This action will allow the District to be reimbursed for project costs totaling $136,164. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The Board of Directors ordered improvements for the Regent Place CAD No. 2000 -2 in Alamo at its meeting held on January 11, 2001. The area is shown in Exhibit A. The work to install the improvements has been completed, and the final costs are known. The final costs are shown in Exhibit B. Based on these final costs, the final assessments for each property have been determined and appear as Exhibit C, Assessment Roll. The assessment for the CAD properties would be $15,129.33 (prepaid) or $2,177.48 per year (10 -year payments). The Board is requested to confirm and levy these final assessments and to authorize a Notice of Assessment to be recorded. A resolution has been prepared, which, if adopted, will confirm and levy assessments and authorize the recording of the Notice. This resolution is included as Exhibit D. RECOMMENDED BOARD ACTION: Adopt a resolution confirming and levying final assessments and authorizing a Notice of Assessment to be recorded in the office of the County Recorder for the Regent Place CAD No. 2000 -2, District Project 5444. Page 1of7 LAS TRAMPAS RD t 1 cn D C---- - - - - -- = r Z ELAINE I I I D 161 ; 166 r 165 ; 168 C CT D 1 I , I 1 A L A °E �� RD LAS TRAM AS RD j PAIR GLK m < LN SITE 680 REGENT PL J AVE S♦ 2 LA SERE NA AVE I LOCATION MAP N.T.S. I D Page 2 of 7 O � ♦ O i ♦ i . �' 32 -- - - - - -' W LUCIA LN 125 _ 0 ' 117 _ 124 O ASSESSMENT ' 108 � 10 9E NUMBER o -- - - - - -- fn ' PROPOSED CAD AREA EXISTING 0 0 80 160 9 0 SEWER a o FEET ; E A� (:D* ������������ PLANNED CAD SEWER AVE SOUTH CAD PARTICIPANTS € a + NON- PARTICIPANT x Central Contra costa PROPOSED BOUNDARY OF Attachment Sanitary District REGENT PLACE ' CAD NO. 2000-2 A f District Project No. 5444 Page 2 of 7 EXHIBIT B REGENT PLACE CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2000-2; NINE PARCELS FINAL COST REPORT — MAY 15, 2003 ITEM AMOUNT Construction 8 -inch Sewer Standard Manholes 4 -inch Laterals (1) Driveway Replacements Street Overlay Easement Rights Total Construction Cost $121,787 Private Engineering Survey and Design $9,418 Other Agency Fees $1,029 Total Private Engineering Cost $10,447 District Services Plan Review $680 Construction Inspection $1,750 Administrative Charges $1,500 Total District Costs $3,930 PROJECT COST SUBTOTAL (CONSTRUCTION + PRIVATE ENGINEERING + DISTRICT $136,164 RESERVE FUND - 5% OF CONSTRUCTION COST $6,808 TOTAL PROJECT COST $142,972 (1) For portion of lateral sewer in street or right -of -way. T: \Planning \Leavitt \CADS \Regent \Final Assessment PP.doc 5/28/03 1:36 PM Page 3 of 7 EXHIBIT C REGENT PLACE CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2000 -2 FINAL ASSESSMENT ROLL ASSESSMENT NUMBER PARCEL DESCRIPTION TAX ROLL ASSESSMENT AMOUNT (10 -YR EQUAL PAYMENTS) (1) PREPAID AMOUNT 1 198- 150 -022 $2,177.48 $15,129.33 2 198- 050 -021 $2,177.48 $15,129.33 3 198 - 050 -020 Non - Participant Non - Participant 4 198- 050 -019 $2,177.48 $15,129.33 5 198- 050 -018 $2,177.48 $15,129.33 6 198- 050 -017 $2,177.48 $15,129.33 7 198- 050 -016 $2,177.48 $15,129.33 8 198- 050 -015 $2,177.48 $15,129.33 9 198- 050 -014 $2,177.48 $15,129.33 10 198- 050 -013 $2,177.48 $15,129.33 (1) Interest rate for annual assessments is 7.50% T: \Planning \Leavitt \CADS \Regent \Final Assessment PP.doc 5/28/03 1:36 PM Page 4 of 7 RESOLUTION NO. 2003- RESOLUTION CONFIRMING FINAL ASSESSMENTS AND AUTHORIZING RECORDING REGENT PLACE CONTRACTUAL ASSESSMENT DISTRICT NO. 2000 -2 The Board of Directors of the Central Contra Costa Sanitary District resolves: This Board has taken a series of actions preliminary to establishing final assessments for the Regent Place Contractual Assessment District No. 2000 -2, Central Contra Costa Sanitary District, Contra Costa County, California, and now makes the following findings and orders: 1. The Board adopted its Resolution of Intention (Resolution No.2000 -042) to order the improvement described therein under the Municipal Improvement Act of 1911, and directed Curtis W. Swanson, Engineer of Work, to prepare the report required by Section 5989.22 of the Streets and Highways Code. 2. Pursuant to Resolution No. 2000 -043, the Board approved 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 on the 20th day of June 2000, on page 2 in Book 67 of Assessment and Community Facilities Districts. The improvement is generally described as follows: Construction and installation of approximately 591 linear feet of sanitary sewer line, together with appurtenant work and facilities located along Regent Place, Alamo, California. 3. The Board established January 11, 2001, as the date for a public hearing to create the Regent Place Contractual Assessment District No. 2000 -2. 4. The owners of record were provided ballots 45 days before the hearing on which owners could indicate approval of or opposition to the imposition of assessments. T: \Planning \Leavitt \CADS \Regent \Final Assessment PP.doc 5/28/03 1:36 PM Page 5 of 7 5. The Board of Directors conducted a public hearing on January 11, 2001, pursuant to Section 5898.26 of the Streets and Highways Code and gave every person present an opportunity to comment on and object to the proposed Contractual Assessment Program, the improvement and the extent of the Assessment District. 6. The Board found that no written protests against the proposed improvement were made by owners representing more than one half of the area of the land to be assessed for the improvement. All of the owners of record voted to approve the imposition of assessments. 7. The Board approved the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report, one of which was a table of estimated assessments. 8. The Board found that the Engineer's Report, 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 District and in proportion to the special benefits derived by each parcel, in relationship to the entirety of the capital cost of the improvement. A draft version of the Agreement, within which the owners voluntarily and unanimously agreed to the imposition of an assessment, was attached as an exhibit to the Engineer's Report and was incorporated by reference. 9. Lastly, the Board ordered the improvement described in paragraph 2 and as detailed in the Engineer's Report. 10. The work on the improvement has been completed pursuant to a private agreement entered into by the owners, and was accepted on April 20, 2001. The final costs for the improvement have been determined; the final assessments for each property have been determined; and a Notice of Assessment will be sent to each property owner after the Board confirms the final assessments. 11. The final assessments for each property appear on the Assessment Roll. The Board hereby confirms and levies each individual final assessment as stated in the Assessment Roll. 12. Payment of all or any part of such final assessments may be made at the office of the Controller, Central Contra Costa Sanitary District, 5019 Imhoff Place, Martinez, California 94553. The deadline for receipt of such payment by the Controller is the close of business on July 10, 2003. Thereafter, unpaid assessments will be payable in yearly installments of principal and interest at 7.50 percent compounded annually over a period of ten (10) years. T: \Planning \Leavitt \CADS \Regent \Final Assessment PP.doc 5/28/03 1:36 PM Page 6 of 7 PASSED AND ADOPTED this 5th day of June 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 of the Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel T: \Planning \Leavitt \CADS \Regent \Final Assessment PP.doc 5/28/03 1:36 PM Page 7 of 7 Central Contra Costa Sa�._42ry District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2003 No.: 4,d. CONSENT CALENDAR Type of Action: CONFIRM ASSESSMENTS Subject: CONFIRM AND LEVY FINAL ASSESSMENTS FOR THE ANGELO STREET /EL SOMBRO CONTRACTUAL ASSESSMENT DISTRICT NO. 2000 -3, DISTRICT PROJECT 5548 Submitted By: Initiating DeptJDiv.: Curtis W. Swanson, Division Manager Engineering /Environmental Services Division REVIEW AND RECOMMENDED FOR BOARD ACTION: Swanson A. Farrell General ISSUE: Work has been completed on the Angelo Street/El Sombro Contractual Assessment District No. 2000 -3 (CAD No. 2000 -3), and the final assessments can be established and levied. RECOMMENDATION: Adopt a resolution confirming and levying final assessments and authorizing a Notice of Assessment to be recorded in the office of the County Recorder for the Angelo Street/El Sombro CAD No. 2000 -3, District Project 5548. FINANCIAL IMPACTS: This action will allow the District to be reimbursed for project costs totaling $241,790. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The Board of Directors ordered improvements for the Angelo Street/El Sombro CAD No. 2000 -3 in Lafayette at its meeting held on October 4, 2001. The area is shown in Exhibit A. The work to install the improvements has been completed, and the final costs are known. The final costs are shown in Exhibit B. Based on these final costs, the final assessments for each property have been determined and appear as Exhibit C, Assessment Roll. The assessment for the CAD properties along El Sombro Court would be $16,450.93 (prepaid) or $2,174.88 per year (10 -year payments). For CAD properties along Angelo Street, the assessment would be $14,662.80 (prepaid) or $1,938.48 (10 -year payments). By agreement amongst the property owners, one property along Angelo Street would be assessed at a half share rate of $7,542.97 (prepaid) or $997.22 (10 -year payments). The Board is requested to confirm and levy these final assessments and to authorize a Notice of Assessment to be recorded. A resolution has been prepared, which, if adopted, will confirm and levy assessments and authorize the recording of the Notice. This resolution is included as Exhibit D. RECOMMENDED BOARD ACTION: Adopt a resolution confirming and levying final assessments and authorizing a Notice of Assessment to be recorded in the office of the County Recorder for the Angelo Street/El Sombro CAD No. 2000 -3, District Project 5548. Page 1of7 CJ\�� P5 G� X529 (D �C) GPI O � n�1A O G ��'Li 3 3399 � O ANG LO 9F </ HILLSIDE TER S OMBRO LAFAYETTE SITE Rp PRINGHILL RO A LOCATION MAP _ N.T.S. Q0 S� LEGEND: POTENTIAL i CAD AREA / EXISTING 0 SEWER ' aI PLANNED // A / i y CAD SEWER ' 0 80 160 0 9E CAD PARTICIPANTS FEET € O NUMBER ASSESSMENT n x Central Contra Costa Exhibit Sanitary District PROPOSED ASSESSMENT BOUNDARY OF ANGELO ST /EL SOMBRO CAD 2000 -3 A V District Project No. 5548 V Page 2 of 7 EXHIBIT B ANGELO STREET /EL SOMBRO CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2000 -3; SIXTEEN PARCELS FINAL COST REPORT — MAY 16, 2003 ITEM AMOUNT Construction 18-inch Sewer Standard Manholes 4 -inch Laterals (1) Street Overlay Total Construction Cost $221,193 Private Engineering Survey and Design $12,818 Other Agency Fees $175 Total Private Engineering Cost $12,993 District Services Plan Review $2,259 Construction Inspection $3,845 Administrative Charges $1,500 Total District Costs $7,604 PROJECT COST SUBTOTAL (CONSTRUCTION + PRIVATE ENGINEERING + DISTRICT ) $241,790 RESERVE FUND - 5% OF CONSTRUCTION COST $12,090 TOTAL PROJECT COST $253,880 (1) For portion of lateral sewer in street or right -of -way. T: \Planning \Leavitt \CADSWngelo -EI Sombro \Final Assessment PP.doc 5/28/03 1:30 PM Page 3 of 7 EXHIBIT C ANGELO STREEVEL SOMBRO CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2000 -3 FINAL ASSESSMENT ROLL ASSESSMENT NUMBER PARCEL DESCRIPTION TAX ROLL ASSESSMENT AMOUNT (10 -YR EQUAL PAYMENTS) (1) PREPAID AMOUNT 1 230 - 050 -004 $2,174.88 $16,450.93 2 230 - 050 -003 $2,174.88 $16,450.93 3 230 - 050 -008 $2,174.88 $16,450.93 4 230 - 050 -009 $2,174.88 $16,450.93 5 230 - 050 -010 $2,174.88 $16,450.93 6 230 - 050 -011 $2,174.88 $16,450.93 7 230 - 050 -012 $2,174.88 $16,450.93 8 230 - 060 -001 $1,938.48 $14,662.80 9 230 - 060 -002 $1,938.48 $14,662.80 10 230 - 060 -003 $1,938.48 $14,662.80 11 230 - 060 -004 $997.22 $7,542.97 12 230 - 060 -005 $1,938.48 $14,662.80 13 230 - 030 -006 $1,938.48 $14,662.80 14 230 - 030 -007 $1,938.48 $14,662.80 15 230 - 030 -008 $1,938.48 $14,662.80 16 230 - 050 -013 $2,174.88 $16,450.93 (1) Interest rate for annual assessments is 5.64% T: \Planning \Leavitt \CADS\Angelo -EI Sombro \Final Assessment PP.doc 5/28/03 1:30 PM Page 4 of 7 RESOLUTION NO. 2003- RESOLUTION CONFIRMING FINAL ASSESSMENTS AND AUTHORIZING RECORDING ANGELO STREET/EL SOMBRO CONTRACTUAL ASSESSMENT DISTRICT NO. 2000 -3 The Board of Directors of the Central Contra Costa Sanitary District resolves: This Board has taken a series of actions preliminary to establishing final assessments for the Angelo Street/El Sombro Contractual Assessment District No. 2000 -3, Central Contra Costa Sanitary District, Contra Costa County, California, and now makes the following findings and orders: 1. The Board adopted its Resolution of Intention (Resolution No.2000 -089) to order the improvement described therein under the Municipal Improvement Act of 1911, and directed Curtis W. Swanson, Engineer of Work, to prepare the report required by Section 5989.22 of the Streets and Highways Code. 2. Pursuant to Resolution No. 2000 -090, the Board approved 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 on the 27th day of July 2000, on page 9 in Book 67 of Maps of Assessment and Community Facilities Districts. The improvement is generally described as follows: Construction and installation of approximately 1,255 linear feet of sanitary sewer line, together with appurtenant work and facilities located along Angelo Street, El Sombro, and La Caminita, Lafayette, California. 3. The Board established October 4, 2001, as the date for a public hearing to create the Angelo Street/El Sombro Contractual Assessment District No. 2000 -3. 4. The owners of record were provided ballots 45 days before the hearing on which owners could indicate approval of or opposition to the imposition of assessments. T: \Planning \Leavitt \CADS\Angelo -EI Sombro \Final Assessment PP.doc 5/28/03 1:30 PM Page 5 of 7 5. The Board of Directors conducted a public hearing on October 4, 2001, pursuant to Section 5898.26 of the Streets and Highways Code and gave every person present an opportunity to comment on and object to the proposed Contractual Assessment Program, the improvement and the extent of the Assessment District. 6. The Board found that no written protests against the proposed improvement were made by owners representing more than one half of the area of the land to be assessed for the improvement. All of the owners of record voted to approve the imposition of assessments. 7. The Board approved the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report, one of which was a table of estimated assessments. 8. The Board found that the Engineer's Report, 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 District and in proportion to the special benefits derived by each parcel, in relationship to the entirety of the capital cost of the improvement. A draft version of the Agreement, within which the owners voluntarily and unanimously agreed to the imposition of an assessment, was attached as an exhibit to the Engineer's Report and was incorporated by reference. 9. Lastly, the Board ordered the improvement described in paragraph 2 and as detailed in the Engineer's Report. 10. The work on the improvement has been completed pursuant to a private agreement entered into by the owners, and was accepted on February 20, 2003. The final costs for the improvement have been determined; the final assessments for each property have been determined; and a Notice of Assessment will be sent to each property owner after the Board confirms the final assessments. 11. The final assessments for each property appear on the Assessment Roll. The Board hereby confirms and levies each individual final assessment as stated in the Assessment Roll. 12. Payment of all or any part of such final assessments may be made at the office of the Controller, Central Contra Costa Sanitary District, 5019 Imhoff Place, Martinez, California 94553. The deadline for receipt of such payment by the Controller is the close of business on July 10, 2003. Thereafter, unpaid assessments will be payable in yearly installments of principal and interest at 5.64 percent compounded annually over a period of ten (10) years. T: \Planning \Leavitt \CADS\Angelo -EI Sombro \Final Assessment PP.doc 5/28/03 1:30 PM Page 6 of 7 PASSED AND ADOPTED this 5th day of June 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 of the Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel T: \Planning \Leavitt \CADS\Angelo -EI Sombro \Final Assessment PP.doc 5/28/03 1:30 PM Page 7 of 7 Central Contra Costa Sa. nary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2003 No.: 4.e. CONSENT CALENDAR Type of Action: CONFIRM ASSESSMENTS subject: CONFIRM AND LEVY FINAL ASSESSMENTS FOR THE CORWIN DRIVE /LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT NO. 2000 -4 DISTRICT PROJECTS 5528 AND 5529 Submitted By. Initiating Dept/Div.: Curtis W. Swanson, Division Manager Engineering /Environmental Services Division REVIEWED AND RECOMMENDED FOR BOARD ACTION., P Lvk G'�r-- Swanson A. Fa I -04 General Manager ISSUE: Work has been completed on the Corwin Drive /La Sonoma /Los Alamos Contractual Assessment District No. 2000 -4 (CAD No. 2000 -4), and the final assessments can be established and levied. RECOMMENDATION: Adopt a resolution confirming and levying final assessments and authorizing a Notice of Assessment to be recorded in the office of the County Recorder for the Corwin Drive /La Sonoma /Los Alamos CAD No. 2000 -4, District Projects 5528 and 5529. FINANCIAL IMPACTS: This action will allow the District to be reimbursed for project costs totaling $357,792. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The Board of Directors ordered improvements for the Corwin Drive /La Sonoma /Los Alamos CAD No. 2000 -4 in Alamo at its meeting held on June 21, 2001. The area is shown in Exhibit A. The work to install the improvements has been completed, and the final costs are known. The final costs are shown in Exhibit B. Based on these final costs, the final assessments for each property have been determined and appear as Exhibit C, Assessment Roll. The assessment for properties along the Corwin Drive /La Sonoma portion would be $9,894.88 (prepaid) or $1,377.36 per year (10 -year payments). The assessment for properties along the Los Alamos /La Sonoma portion would be $10,052.50 (prepaid) or $1,399.30 per year (10 -year payments). The Board is requested to confirm and levy these final assessments and to authorize a Notice of Assessment to be recorded. A resolution has been prepared, which, if adopted, will confirm and levy assessments and authorize the recording of the Notice. This resolution is included as Exhibit D. RECOMMENDED BOARD ACTION: Adopt a resolution confirming and levying final assessments and authorizing a Notice of Assessment to be recorded in the office of the County Recorder for the Corwin Drive /La Sonoma /Los Alamos CAD No. 2000 -4, District Projects 5528 and 5529. T: \Planning\ Leavitt\ CADS \Corwin- LaSonoma- LosAlamos \Final Assess PP.doc 5/30/2003 10:43 AM Page 1 of 9 1 N C', O ` r �s ��, -�o �•,.� X 5F `• .° •• 7 , O G) �"� �., •.`•� . POTENTIALy 0 CAD AREA ,. �� ��'�`•• �� EXISTING 0 ^�` ASS �� 9E �� SEWER ������ PLANNED ,,���,•`` �,. CAD SEWER ^,° � .�\ � CAD PARTICIPANT � ,�•,o` �lGj �s �•.`' �� `.\ + NON - PARTICIPANT S �� ��/��� `�`� �. -`•Q Oj ASSESSMENT 0 NUMBER * • °•• �� ! ALAMO �•.`' �O D�WVIl1E BLVD Cr > LA ~ O ar LOCATION MAP A 0 100 200 N.T.S. E FEET n x Central Contra Costa PROPOSED BOUNDARY OF CORWIN DR/ Attachment Sanitary District LA SONOMA /LOS ALAMOS ' CAD 2000 -4 A DISTRICT PROJECT NOS. 5528 & 5529 N Page 2 of 9 EXHIBIT B LOS ALAMOS /LA SONOMA SEGMENT CORWIN DRIVE/LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2000 -4; TEN PARCELS FINAL COST REPORT — MAY 30, 2003 ITEM AMOUNT Construction 8 -inch Sewer Standard Manholes 4 -inch Laterals (1) Street Overlay Total Construction Cost $87,695 Private Engineering Survey and Design $9,288 Other Agency Fees $772 Total Private Engineering Cost $10,060 District Services Plan Review $760 Construction Inspection $1,170 Administrative Charges $840 Total District Costs $2,770 PROJECT COST SUBTOTAL (CONSTRUCTION + PRIVATE ENGINEERING + DISTRICT) $100,525 RESERVE FUND - 5% OF CONSTRUCTION COST $5,026 TOTAL PROJECT COST $105,551 (1) For portion of lateral sewer in street or right -of -way. T:\Planning\Leavitt\ CADS\ Corwin- LaSonoma- LosAlamos\Exhibit B PP.doa 5/30 /2003 10:55 AM Page 3 of 9 EXHIBIT B (continued) CORWIN DRIVE/LA SONOMA SEGMENT CORWIN DRIVE/LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2000 -4; TWENTY -SIX PARCELS FINAL COST REPORT — MAY 30, 2003 ITEM AMOUNT Construction 8 -inch Sewer Trunk Manhole Standard Manholes 4 -inch Laterals (1) Easement Rights Street Overlay Total Construction Cost $230,128 Private Engineering Survey and Design $19,227 Other Agency Fees $772 Total Private Engineering Cost $19,999 District Services Plan Review $1,960 Construction Inspection $3,020 Administrative Charges $2,160 Total District Costs $7,140 PROJECT COST SUBTOTAL (CONSTRUCTION + PRIVATE ENGINEERING + DISTRICT) $257,267 RESERVE FUND - 5% OF CONSTRUCTION COST $12,863 TOTAL PROJECT COST $270,130 (1) For portion of lateral sewer in street or right -of -way. T:\Planning\Leavitt\ CADS\ Corwin- LaSonoma- LosAlamos\Exhibit B PP.doc 5/30 /2003 1:05 PM Page 4 of 9 EXHIBIT C CORWIN DR. /LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2001 -1 ASSESSMENT ROLL ASSESSMENT NUMBER PARCEL DESCRIPTION TAX ROLL ASSESSMENT AMOUNT (10 YR EQUAL PAYMENTS) (1) PREPAID AMOUNT 1 198-131 -020 $1,399.30 $10,052.50 2 198-131 -018 $1,399.30 $10,052.50 3 198-131 -017 $1,399.30 $10,052.50 4 198 - 131 -012 $1,399.30 $10,052.50 5 198- 131 -011 $1,399.30 $10,052.50 6 198 - 131 -010 $1,399.30 $10,052.50 7 198- 131 -009 $1,399.30 $10,052.50 8 198- 131 -008 $1,377.36 $9,894.88 9 198- 131 -007 $1,377.36 $9,894.88 10 198- 131 -006 $1,377.36 $9,894.88 11 198 -131 -005 $1,377.36 $9,894.88 12 198- 131 -004 $1,377.36 $9,894.88 13 198- 131 -030 $1,377.36 $9,894.88 14 198 -131 -003 $1,377.36 $9,894.88 15 198- 131 -029 $1,377.36 $9,894.88 16 198- 131 -028 $1,377.36 $9,894.88 17 198- 131 -002 $1,377.36 $9,894.88 18 198- 131 -001 $1,377.36 $9,894.88 19 198 - 140 -007 $1,377.36 $9,894.88 20 198- 140 -008 $1,377.36 $9,894.88 21 198- 140-021 $1,377.36 $9,894.88 22 198 -140 -054 $1,377.36 $9,894.88 23 198 - 140-010 $1,377.36 $9,894.88 24 198- 140-011 $1,377.36 $9,894.88 TAPlanning\Leavitt\CADS\Corwi n-LaSonoma-LosAlamos\Exh i bit C PP.doc Page 5 of 9 EXHIBIT C (continued) CORWIN DR. /LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2001 -1 ASSESSMENT ROLL ASSESSMENT NUMBER PARCEL DESCRIPTION TAX ROLL ASSESSMENT AMOUNT (10 -YR EQUAL PAYMENTS) (1) PREPAID AMOUNT 25 198-140 -012 $1,377.36 $9,894.88 26 198-140-013 $1,377.36 $9,894.88 27 198- 140-015 $1,377.36 $9,894.88 28 198- 140-016 $1,377.36 $9,894.88 429 198- 140-020 $1,377.36 $9,894.88 30 198- 140-017 $1,377.36 $9,894.88 31 198- 140-018 $1,377.36 $9,894.88 32 198- 140-019 $1,377.36 $9,894.88 33 198 - 140 -006 $1,377.36 $9,894.88 34 198 - 140 -005 $1,399.30 $10,052.50 35 198- 1404)04 $1,399.30 $10,052.50 36 198- 131 -021 $1,399.30 $10,052.50 (1) Interest rate for annual assessments is 6.76 %. T: \Planning\ Leavitt\ CADS \Corwin- LaSonoma- LosAlamos \Exhibit C PP.doc Page 6 of 9 RESOLUTION NO. 2003- RESOLUTION CONFIRMING FINAL ASSESSMENTS AND AUTHORIZING RECORDING CORWIN DRIVE/LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT NO. 2000 -4 The Board of Directors of the Central Contra Costa Sanitary District resolves: This Board has taken a series of actions preliminary to establishing final assessments for the Corwin Drive /La Sonoma/Los Alamos Contractual Assessment District No. 20004, Central Contra Costa Sanitary District, Contra Costa County, California, and now makes the following findings and orders: 1. The Board adopted its Resolution of Intention (Resolution No.2000 -119) to order the improvement described therein under the Municipal Improvement Act of 1911, and directed Curtis W. Swanson, Engineer of Work, to prepare the report required by Section 5989.22 of the Streets and Highways Code. 2. Pursuant to Resolution No. 2000 -120, the Board approved 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 on the 27th day of July 2000, on page 7 in Book 67 of Maps of Assessment and Community Facilities Districts. The improvement is generally described as follows: Construction and installation of approximately 2,460 linear feet of sanitary sewer line, together with appurtenant work and facilities located along Corwin Drive, La Sonoma and Los Alamos, Alamo, California. 3. The Board established June 21, 2001, as the date for a public hearing to create the Corwin Drive /La Sonoma /Los Alamos Contractual Assessment District No. 2000 -4. 4. The owners of record were provided ballots 45 days before the hearing on which owners could indicate approval of or opposition to the imposition of assessments. T: \Planning\ Leavitt\ CADS \Corwin- LaSonoma- LosAlamos \Resolution PP.doc 5/30/2003 Page 7 of 9 5. The Board of Directors conducted a public hearing on June 21, 2001, pursuant to Section 5898.26 of the Streets and Highways Code and gave every person present an opportunity to comment on and object to the proposed Contractual Assessment Program, the improvement and the extent of the Assessment District. 6. The Board found that no written protests against the proposed improvement were made by owners representing more than one half of the area of the land to be assessed for the improvement. All of the owners of record voted to approve the imposition of assessments. 7. The Board approved the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report, one of which was a table of estimated assessments. 8. The Board found that the Engineer's Report, 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 District and in proportion to the special benefits derived by each parcel, in relationship to the entirety of the capital cost of the improvement. A draft version of the Agreement, within which the owners voluntarily and unanimously agreed to the imposition of an assessment, was attached as an exhibit to the Engineer's Report and was incorporated by reference. 9. Lastly, the Board ordered the improvement described in paragraph 2 and as detailed in the Engineer's Report. 10. The work on the improvement has been completed pursuant to a private agreement entered into by the owners, and was accepted on January 3, 2002, and April 6, 2002. The final costs for the improvement have been determined; the final assessments for each property have been determined; and a Notice of Assessment will be sent to each property owner after the Board confirms the final assessments. 11. The final assessments for each property appear on the Assessment Roll. The Board hereby confirms and levies each individual final assessment as stated in the Assessment Roll. 12. Payment of all or any part of such final assessments may be made at the office of the Controller, Central Contra Costa Sanitary District, 5019 Imhoff Place, Martinez, California 94553. The deadline for receipt of such payment by the Controller is the close of business on July 10, 2003. Thereafter, unpaid assessments will be payable in yearly installments of principal and interest at 6.76 percent compounded annually over a period of ten (10) years. T: \Planning\ Leavitt\ CADS \Corwin- LaSonoma- LosAlamos \Resolution PP.doc 5/30/2003 Page 8 of 9 PASSED AND ADOPTED this 5th day of June 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 of the Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel T: \Planning\ Leavitt\ CADS \Corwin- LaSonoma- LosAlamos \Resolution PP.doc 5/30/2003 Page 9 of 9 Central Contra Costa Satiaary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2003 No.: 4.f. CONSENT CALENDAR Type of Action: CONFIRM PUBLICATION subject: ADOPT A RESOLUTION CONFIRMING PUBLICATION OF DISTRICT ORDINANCE NO. 225 — AMENDING DISTRICT CODE SECTION 6.20.300 SCHEDULE OF REIMBURSEMENT FEES TO ESTABLISH A REIMBURSEMENT FEE APPLICABLE TO PROPERTY WHICH COULD DIRECTLY CONNECT TO PROJECT 5515 SEWERS (FINLEY LANE, ALAMO) Submitted By: Joyce E. Murphy Secretary of the District Initiating Dept.lDiv.: Administrative Department REVIEWED AND RECOMMENDED FOR BOARD ACTION: MAI221-., General Manager 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. 225. FINANCIAL IMPACTS: None related to this issue. ALTERNATIVES /CONSIDERATIONS: Establishes presumption that the ordinance was correctly published and therefore would be deemed procedurally valid by a court. BACKGROUND: District Ordinance No. 225 which was adopted by the Board at the meeting of April 17, 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 Project 5515 Sewers (Finley Lane, Alamo), was published in the Contra Costa Times on April 24, 2003. Proof of publication is attached. RECOMMENDED BOARD ACTION: Adopt a resolution confirming the publication of District Ordinance No. 225. Page 1 of 3 S:\ADMIN\MURPHY\Resolutions \POSITION PAPER.CONFIRM.PUB.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: April 24 all in the year of 2003 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Execuratalnut reek, C ' ornia. Onthil, 20 3 ............. ............................... SignaContr P O Box 4147 Walnut Creek, CA 94596 (925) 935 -2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) ORDINANCE NO. 225 AN ORDINANCE TO AMEND DISTRICT CODE SECTION 6.20.300 SCHEDULE OF REIMBURSEMENT FEES TO ESTABLISH A REIMBURSEMENT FEE APPLICABLE TO PROPERTY WHICH COULD DIRECTLY CONNECTTO PROJECT 5515 SEWERS (FINLEY LANE, ALAMO) WHEREAS, the Central Contra Costa Sanitary Dis- trict (District) Code Chap- ter 6.20 provides for reim- bursement to installers of standard and special fa- cilities from fees charged property owners when they apply to connect their property to the pub- lic sewer system; and WHEREAS, District Code Chapter 6.20 provides for the establishment of re- imbursement accounts for constructed standard and special facilities; and WHEREAS, Project 5515 sewers, the location of which are shown on Ex- hibit A of this Ordinance, incorporated In full herein by this reference, are standard facilities as de- fined in District Code Chapter 6.20; and WHEREAS, a reimburse- ment fee has been calcu- lated by the method specified In District Code Chapter 6.20, which calcu- lation Is summarized In Exhibit B of this Ordi- nance, Incorporated in full herein by this reference; and WHEREAS a properlyy, no- ticed pub(lc hear in g to re- ceive comments on the Freimbursement fee was conducted at the Board of Directors' re gu- lar)Y scheduled meeting on April 17, 2003. NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sani- tary District does ordain as follows: District Project Number 5515 Description of Facility Finley Lane, Alamo Allowable Actual or Esti- mated Cost $89.386.34 Number of RUES 9 Reimbursement Fee $9,931.82 Section 2 The reimbursement fee set forth herein shall be administered, adjusted and collected according to the provisions of Dis- trict Code Chapter 6.20. Section 3 Exhibits A and B hereto shall not be Incorporated Into the District Code; however, copies of same shall be maintained in the District offices and made available for Inspection during the periods where the subject reimburse- ment fee Is In effect Section 4 This ordinance shall be a general regulation of the District and shall be pub- lished once in the Contra Costa Times a news apper withinethe (DI trict,iaaind shall be effective on the eighth calendar day fol- lowing such publication. PASSED AND ADOPTED by the Board of Directors of the Central Contra Sanit -- of April District 003 the by the fol- lowing vote: AYES:M e m b e r s Boneysteele, Hockett, Lucey, Menesini, Nejedly NOES:Members: None ABSENT: Members: None ABSTAIN: Members: None /s/ James A. Ne edly Pre. dent of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTER SIGNED: /s/ Joge E. Murphy Secre tary of the District. Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: /s/ Kenton L Alm Counsel for the District Legal CCT 7418 Publish April 24, 2003 Page 2 of 3 RESOLUTION NO. 2003- RESOLUTION CONFIRMING PUBLICATION OF DISTRICT ORDINANCE NO. 225 AMENDING DISTRICT CODE SECTION 6.20.300 SCHEDULE OF REIMBURSEMENT FEES TO ESTABLISH A REIMBURSEMENT FEE APPLICABLE TO PROPERTY WHICH COULD DIRECTLY CONNECT TO PROJECT 5515 SEWERS (FINLEY LANE, ALAMO) 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. 225 which was adopted on April 17, 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 Project 5515 Sewers (Finley Lane, Alamo), 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 5th day of June, 2003 by the following vote: AYES: Members: NOES: Members: ABSENT: Members: COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California Kenton L. Alm District Counsel Page 3 of 3 Central Contra Costa Sai,.iary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2003 No.: 5.a. H EAR I NGS Type of Action: CONDUCT PUBLIC HEARING subject: CONDUCT PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE 2003 -2004 OPERATIONS AND MAINTENANCE BUDGET AND THE SELF - INSURANCE FUND BUDGET, AND ON PLACING THE 2003 -2004 SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR COLLECTION Submitted By: DEBBIE RATCLIFF, CONTROLLER Initiating Dept /Div.: ADMINISTRATIVE /FINANCE & ACCOUNTING REVIEWED AND RECOMMENDED FOR BOARD ACTION: D. Ratc , graves Charles W. Batts, General Manager ISSUE: The District Code and State law require holding a Public Hearing for placing the 2003 -2004 Sewer Service Charges on the County tax roll for collection. Although not required law, the District will hold a Public Hearing to receive public comment on the 2003 -2004 Operations and Maintenance Budget and the Self- Insurance Fund Budget. RECOMMENDATION: Conduct two separate Public Hearings and upon their respective conclusions, take the following actions, if considered appropriate: • Approve the 2003 -2004 Operations and Maintenance Budget (O &M) and Self- Insurance Fund Budget. Approve a resolution authorizing collection of the 2003 -2004 Sewer Service Charges on the County tax roll. FINANCIAL IMPACTS: The draft 2003 -2004 O &M Budget is based on a $24 rate increase in the Sewer Service Charge allocating $11 to Operations and Maintenance and $13 to the Sewer Construction Fund to partially offset the deficit spending budgeted in the Capital Improvement Budget. This would result in a budgeted decrease to O &M reserves at fiscal year end of $1,047,000 for a projected O &M reserve balance at June 30, 2004 of $6,781,974. Deficit spending would continue for the capital program with further reduction of the Sewer Construction Fund balance. A $24 Sewer Service charge increase for fiscal year 2003 -2004 would generate approximately $3,700,000 in additional revenue to be allocated between O &M and the Sewer Construction Fund. Page 1 of 5 S:\ADMI N \POSPAPER \O &MSelf05- 03.doc POSITION PAPER Board Meeting Date: June 5, 2003 Subject: CONDUCT PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON THE 2003 -2004 OPERATIONS AND MAINTENANCE BUDGET AND THE SELF - INSURANCE FUND BUDGET, AND ON PLACING THE 2003 -2004 SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR COLLECTION ALTERNATIVES /CONSIDERATIONS: Ordinance #218 set the Sewer Service Charge for fiscal year 2003 -2004 at $272. Therefore, the 2003 -2004 budgeted revenues are based on this rate. However, the Board has the discretion to lower the rate. Addressing the second issue before the board, 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. BACKGROUND: The 2003 -2004 Operations and Maintenance Budget was submitted for review at the May 22, 2003 Board Meeting. A detailed presentation was made to the Board at that meeting, which also included a discussion about the concern over deficit spending in the Capital Improvement Budget. Notice was given for the June 5, 2003 Public Hearing to consider the 2003 -2004 Operations and Maintenance Budget and the Self- Insurance Fund Budget. Notice of the Public Hearing was also given for collection of the 2003 -2004 Sewer Service Charges on the County tax roll. It is recommended that two separate hearings be held to consider the matters described. Hearing to receive public comment on the 2003 -2004 Operations and Maintenance (OW Budget and Self- Insurance Fund Budget: The 2003 -2004 O &M Budget and Self- Insured Fund Budget were submitted to the Board of Directors for initial review at the May 22, 2003 Board Meeting and the April 17, 2003 Board Meeting respectively, and are scheduled for approval at the June 5, 2003 Board Meeting. Hearing to consider collection of the 2003 -2004 Sewer Service Charges on the County tax roll: The law requires that a Public Hearing be held each year before the Sewer Service Charge can be placed on the County tax roll. The Sewer Service Charge has been collected on the County tax roll since inception of the service charge in 1976. Collection on the tax roll provides the most economical and efficient means for the District to collect the charges for approximately 103,800 accounts. S:\ ADMIN \POSPAPER \O &MSelf05- 03.doc Page 2 of 5 POSITION PAPER Board Meeting Date: June 5, 2003 Subject: CONDUCT PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON THE 2003 -2004 OPERATIONS AND MAINTENANCE BUDGET AND THE SELF - INSURANCE FUND BUDGET, AND ON PLACING THE 2003 -2004 SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR COLLECTION Effective with the 1982 -1983 fiscal year, Contra Costa County imposed a fee for collecting the Sewer Service Charge on the tax roll. The County fee, which approximates $86,500 annually, is still more economical than the alternative of direct billing by the District. RECOMMENDED BOARD ACTION: Conduct two separate Public Hearings and upon their respective conclusions, take the following actions, if considered appropriate: • Approve the 2003 -2004 Operations and Maintenance Budget and Self- Insurance Fund Budget Approve a resolution authorizing collection of the 2003 -2004 Sewer Service Charges on the County tax roll. S:\ ADMIN \POSPAPER \O &MSelf05- 03.doc Page 3 of 5 RESOLUTION NO. A RESOLUTION DIRECTING THAT THE 2003 -2004 SEWER SERVICE CHARGES BE COLLECTED ON THE COUNTY TAX ROLL WHEREAS, the District has previously developed and instituted a Sewer Service Charge Program for services and facilities furnished by the District to finance yearly Operation and Maintenance of the District; and WHEREAS, the Sewer Service Charge is collected through a direct charge to the users: and WHEREAS, the District Code provides that the District may elect to collect current and delinquent charges'on the tax rolls as provided by Sections 5470 and following of the Health & Safety Code; and WHEREAS, it is considered to be economically and efficient to continue the existing practice and collect the Sewer Service Charges for the 2003 -2004 fiscal year on the county tax roll; NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Central Contra Costa Sanitary District, that the 2003 -2004 Sewer Service Charges are to be collected on the County of Contra Costa tax roll. Page 4 of 5 S:\ Admin\ Ratcliff\RESOLUTION2003- 2004sewer servicecharges.doc PASS AND ADOPTED this 5th day of June, 2003, by the District Board of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NAYS: 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 S:\ Admin\ Ratcliff\ RESOLUTION2003- 2004sewerservicecharges.doc Page 5 Of 5 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2003 No.: 5.b. 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 ECHO SPRINGS ROAD PARCEL OWNERS IN CONJUNCTION WITH THE ECHO SPRINGS ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2001 -2 Submitted By: Initiating Dept /Div.: Curtis Swanson, Division Manager Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: �Z �%- - a3&- 4� f C. Swanson A. Farrell K. Alm General ISSUE: A public hearing must be conducted to consider objections and inquiries G regarding the proposed assessment, the Resolution of Intention, the Engineer's Report, annexation, and any other comments regarding Echo Springs Road Contractual Assessment District No. 2001 -2 (CAD No. 2001 -2). RECOMMENDATION: Conduct the public hearing and consider approval of Echo Springs Road CAD 2001 -2. FINANCIAL IMPACTS: The estimated total project cost is $155,965. 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 along with the El Alamo CAD No. 2002 -2 (later on this meeting's agenda), there will be $118,081 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 6 parcel owners on Echo Springs Road 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 U: \CAD \Echo Springs \PPR.doc 5/28/03 1:03 PM Page 1 of 12 POSITION PAPER Board Meeting Date: June 5, 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 ECHO SPRINGS ROAD PARCEL OWNERS IN CONJUNCTION WITH THE ECHO SPRINGS ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2001 -2 Echo Springs Road CAD meets all of the criteria for formation of a contractual assessment district. There are 7 properties that could benefit from this CAD project (only 6 properties will participate at this time). The Board of Directors adopted a Resolution of Intention to form a contractual assessment district on September 6, 2002. The proposed sewer includes approximately 1,060 linear feet of 8 -inch sewer main, and four (4) standard manholes that will serve the proponents' 6 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 6, 2002, the Board of Directors adopted a resolution directing the preparation of a report for a Contractual Assessment District known as Echo Springs Road CAD No. 2001 -2. A report has been prepared, and assessments have been estimated. (The Engineer's Report is being provided to the Board under separate cover.) On May 22, 2003, the Board scheduled a public hearing for CAD No. 2001 -2 for June 5, 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 Echo Springs Road CAD No. 2001 -2, 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 \Echo Springs \PPR.doc 5/28/03 1:07 PM Page 2 of 12 POSITION PAPER Board Meeting Date: June 5, 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 ECHO SPRINGS ROAD PARCEL OWNERS IN CONJUNCTION WITH THE ECHO SPRINGS ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2001 -2 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 \Echo Springs \PPR.doc 5/28/03 1:03 PM Page 3 of 12 POSITION PAPER Board Meeting Date: June 5, 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 ECHO SPRINGS ROAD PARCEL OWNERS IN CONJUNCTION WITH THE ECHO SPRINGS ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2001 -2 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 Echo Springs Road CAD No. 2001 -2 is $155,965. 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 fourth CAD to be considered for approval in 2002 -2003. If approved along with the El Alamo CAD No. 2002 -2, there will be $118,081 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 \Echo Springs \PPR.doc 5/28/03 1:03 PM Page 4 of 12 POSITION PAPER Board Meeting Date: June 5, 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 ECHO SPRINGS ROAD PARCEL OWNERS IN CONJUNCTION WITH THE ECHO SPRINGS ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2001 -2 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 Echo Springs Road owners. U: \CAD \Echo Springs \PPR.doc 5/28/03 1:03 PM Page 5 of 12 L 0 FEET LEGEND: C�POTENTIAL CAD AREA Central Contra Costa Sanitary District t f EXISTING PLANNED SEWER CAD SEWER PLAN OF IMPROVEMENT ECHO SPRINGS ROAD CAD NO. 2001-02 DISTRICT PROJECT NO. 5601 * CAD PARTICIPANTS + LIKELY NON - PARTICIPANTS Page 6 of 12 Attachment A RESOLUTION NO. RESOLUTION OVERRULING PROTESTS ECHO SPRINGS ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2001 -2 The Board of Directors of the Central Contra Costa Sanitary District resolves: On June 5, 2003, the Board of Directors held a public hearing on the Resolution of Intention and the Engineer's Report on the proposed improvement in Echo Springs Road Contractual Assessment District No. 2001 -2. 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 5th day of June 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 \Echo Springs \PPR.doc 5/28/03 1:03 PM Page 7 of 12 RESOLUTION NO. RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4 ECHO SPRINGS ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2001 -2 The Board of Directors of the Central Contra Costa Sanitary District resolves: 1. The Board set 2 p.m. on June 5, 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 5th day of June 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 \Echo Springs \PPR.doc 5/28/03 1:03 PM Page 8 of 12 RESOLUTION NO. RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT ECHO SPRINGS ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2001 -2 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 Echo Springs Road Contractual Assessment District No. 2001 -2, 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 1,060 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Echo Springs Road in Lafayette, California. 3. The Board called a hearing of protests on the Echo Springs Road Contractual Assessment District No. 2001 -2. 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 \Echo Springs \PPR.doc 5/28/03 1:03 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 \Echo Springs \PPR.doc 5/28/03 1:03 PM Page 10 of 12 Number Document or Event Date or Action a. Resolution of Intention 9/6/01 2001 -114 b. Resolution Approving Boundary Map 9/6/01 2001 -115 c. Boundary Map Filed with County Recorder 4/9/02 2002 -12445 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 \Echo Springs \PPR.doc 5/28/03 1:03 PM Page 10 of 12 PASSED AND ADOPTED this 5th day of June 2003, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: NOES: ABSENT: COUNTERSIGNED: Members: Members: Members: President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California Secretary, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel U: \CAD \Echo Springs \PPR.doc 5/28/03 1:03 PM Page 11 of 12 SUMMARY OF PROJECT COSTS ECHO SPRINGS ROAD CAD NO. 2001 -2 Construction Engineering District Services TOTAL $120,000 29,000 6,965 $155,965 U: \CAD \Echo Springs \PPR.doc 5/28/03 1:03 PM Page 12 of 12 Echo Springs Road CAD 2001 -2 Lafayette • Meets CAD Formation Criteria 1. Benefits at least 5 properties 2. At least 60% developed properties 3. No more than 2 dwellings / property • 6 participants; 1 non - participant • 1,060 feet of 8 -inch sewer; 4 manholes • Estimated cost - $155,965 • Participant cost — $25,994 upfront or $3,495 / year iT • 0 L 0 FEET LEGEND: DPOTENTIAL CAD AREA Central Contra Costa Sanitary District 0 N EXISTING lapallellev, PLANNED SEWER CAD SEWER PLAN OF IMPROVEMENT ECHO SPRINGS ROAD CAD NO. 2001-02 DISTRICT PROJECT NO.5601 * CAD PARTICIPANTS + LIKELY NON — PARTICIPANTS Page 6 of 12 Attachment A 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) Authorization Proposed Echo Spring CAD 2001 -2 (Lafayette) Authorized to Date Maximum CAD Authorization Available Budget for other CADs $ 161,570 158,965 142,111 155,965 $ 618,611 $1,000,000 $ 381,389 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2003 No.: 5.c. 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 ALAMO, NATHAN PLACE, AND MICHAEL LANE PARCEL OWNERS IN CONJUNCTION WITH THE EL ALAMO CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -2 Submitted By: Initiating Dept /Div.: Curtis Swanson, Division Manager Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: Iv C. Swanson A. Farrell F . A m Charles att , General Manag 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 El Alamo, Nathan Place, and Michael Lane Contractual Assessment District No. 2002 -2 (CAD No. 2002 -2). RECOMMENDATION: Conduct the public hearing and consider approval of El Alamo, Nathan Place, and Michael Lane CAD 2002 -2. FINANCIAL IMPACTS: The estimated total project cost is $263,308. The District has authorized up to $1,000,000 for CADs in 2002 -2003. To date, the Board has approved three other CAD projects this fiscal year. If approved along with the Echo Springs CAD No. 2001 -2 (earlier on this meeting's agenda), there will be $118,081 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 El Alamo, Nathan Place and Michael Lane in Danville have requested that the District form a contractual assessment district U: \CAD \EI Alamo \PPR.doc 5/28/03 4:36 PM Page 1 of 12 POSITION PAPER Board Meeting Date: June 5, 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 ALAMO, NATHAN PLACE, AND MICHAEL LANE PARCEL OWNERS IN CONJUNCTION WITH THE EL ALAMO CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -2 for the purpose of financing and constructing a public sewer system that will benefit their properties. The CAD meets all of the criteria for formation of a contractual assessment district. There are 12 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 May 23, 2002. The proposed sewer includes approximately 2,247 linear feet of 8 -inch sewer main, and eight (8) 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 May 23, 2002, the Board of Directors adopted a resolution directing the preparation of a report for a Contractual Assessment District known as El Alamo CAD No. 2002 -2. A report has been prepared, and assessments have been estimated. (The Engineer's Report is being provided to the Board under separate cover.) On May 22, 2003, the Board scheduled a public hearing for CAD No. 2002 -2 for June 5, 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 Alamo, Nathan Place, and Michael Lane CAD No. 2002 -2, 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 \EI Alamo \PPR.doc 5/23/03 9:11 AM Page 2 of 12 POSITION PAPER Board Meeting Date: June 5, 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 ALAMO, NATHAN PLACE, AND MICHAEL LANE PARCEL OWNERS IN CONJUNCTION WITH THE EL ALAMO CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -2 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 \EI Alamo \PPR.doc 5/23/03 9:11 AM Page 3 of 12 POSITION PAPER Board Meeting Date: June 5, 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 ALAMO, NATHAN PLACE, AND MICHAEL LANE PARCEL OWNERS IN CONJUNCTION WITH THE EL ALAMO CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -2 • 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 El Alamo CAD No. 2002 -2 is $263,308. 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 fifth CAD to be considered for approval in 2002 -2003. If approved along with the Echo Springs Road CAD NO. 2001 -2, there will be $118,081 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 \EI Alamo \PPR.doc 5/23/03 9:11 AM Page 4 of 12 POSITION PAPER Board Meeting Date: June 5, 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 ALAMO, NATHAN PLACE, AND MICHAEL LANE PARCEL OWNERS IN CONJUNCTION WITH THE EL ALAMO CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -2 • 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 El Alamo, Nathan Place, and Michael Lane owners. U: \CAD \EI Alamo \PPR.doc 5/23/03 9:11 AM Page 5 of 12 1 , I\ .� pt i 2 � >- I + 9E c i � � I ► g r - mss � �q CP 00 00 Q Cx) 01� z N N D EL 9 � � 0 0 120 240 v a a 12 0 LEGEND: 'I POTENTIAL EXISTING E CAD AREA SEWER Central Contra Costa lb A\ 9E O �j �I J az NATHAN LN EL PI PINTADO of Sanitary District PLAN OF IMPROVEMENT I _ EL ALAMO (Il 11 CAD N0.2002 -02 M V&�-iiiiii DISTRICT PROJECT ftO. Prepared by Engineering Support Section LOCATION MAP N.T.S. �E CAD PARTICIPANTS + LIKELY NON - PARTICIPANTS Attachment A Page 6 of 12 RESOLUTION NO. RESOLUTION OVERRULING PROTESTS EL ALAMO CONTRACTUAL ASSESSMENT DISTRICT N0, 2002 -2 The Board of Directors of the Central Contra Costa Sanitary District resolves: On June 5, 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 Alamo, Contractual Assessment District No. 2002 -2. 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 5th day of June 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 \EI Alamo \PPR.doc 5/23/03 9:11 AM Page 7 of 12 RESOLUTION NO. RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4 EL ALAMO CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -2 The Board of Directors of the Central Contra Costa Sanitary District resolves: 1. The Board set 2 p.m. on June 5, 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 5th day of June 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 \EI Alamo \PPR.doc 5/23/03 9:11 AM Page 8 of 12 RESOLUTION NO. RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT EL ALAMO CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -2 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 Alamo Contractual Assessment District No. 2002 -2, 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 2,247 linear feet of sanitary sewer line, together with appurtenant work and facilities located at El Alamo, Nathan Place and Michael Lane in Danville, California. 3. The Board called a hearing of protests on the El Alamo Contractual Assessment District No. 2002 -2. 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 \EI Alamo \PPR.doc 5/23/03 9:11 AM 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 \EI Alamo \PPR.doc 5/23/03 9:11 AM Page 10 of 12 Number Document or Event Date or Action a. Resolution of Intention 5/23/02 2002 -033 b. Resolution Approving Boundary Map 5/23/02 2002 -034 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 \EI Alamo \PPR.doc 5/23/03 9:11 AM Page 10 of 12 PASSED AND ADOPTED this 5th day of June 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 \EI Alamo \PPR.doc 5/23/03 9:11 AM Page 11 of 12 SUMMARY OF PROJECT COSTS EL ALAMO CAD NO. 2002 -2 Construction $237,810 Engineering 16,000 District Services 9.498 TOTAL $263,308 U: \CAD \EI Alamo \PPR.doc 5/23/03 9:11 AM Page 12 of 12 0 El Alamo CAD 2002 -2 Danville • 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; 2 non - participants • 2,247 feet of 8 -inch sewer; 8 manholes • Estimated cost - $263,308 • Participant cost — $26,331 upfront or $3,540/year .I 0 N Q m - - - -- A7N N P � 2 � i W II J -0 , / 7 / 9 / m + r mss b � D � � � rn tiq C� DO � Go � D N N JN EL / so 0 120 240 72 LEGEND: DPOTENTIAL EXISTING samalmll"ll CAD AREA SEWER C �F F� A� .QO �J Aso ,1 !P6' NATHAN w EL PINTADO LOCATION MAP N.T.S. 9E CAD PARTICIPANTS + LIKELY NON — PARTICIPANT: Central Contra osta PLAN OF IMPROVEMENT Attachment Sanitary District EL ALAMO CAD N0.2002 -02 A DISTRICT PROJECT N0.5675 Page 6 of 12 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) Authorization Proposed Echo Spring CAD 2001 -2 (Lafayette) Proposed El Alamo CAD 2002 -2 (Danville) Authorized to Date Maximum CAD Authorization Available Budget for other CADs $ 161,570 158,965 142,111 155,965 263,308 $ 881,919 $1,000,000 $ 118,081 Central Contra Costa Sak.aary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2003 No.: 7.a. BIDS AND AWARDS Type of Action: AUTHORIZE AWARD Subject: AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO OVERMILLER, INC., dba ROTO- ROOTER, FOR THE LAFAYETTE SEWER RENOVATION PROJECT, PHASE 4, DISTRICT PROJECT NO. 5661 Submitted By: Initiating Dept /Div.: Edgar Lopez, Assistant Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION. � 6D CV F r T. Godsey cki W. Brennan Farrell General ISSUE: On May 27, 2003, sealed bids were received and opened for the construction of the Lafayette Sewer Renovation Project, Phase 4, District Project No. 5661. The Board of Directors must authorize award of the contract or reject bids within 50 days of the bid opening. RECOMMENDATION: Authorize award of a construction contract. FINANCIAL IMPACTS: Approximately $1,540,500, including bid price, contingency, construction management, consulting, and construction engineering. ALTERNATIVES /CONSIDERATIONS: Reject all bids, which is not recommended. BACKGROUND: The District's 1,500 miles of collection sewers has pipe segments that range in age from new to over 100 years old. Some of these pipe segments are at the end of their useful life. This is evidenced by high maintenance costs and increases in call -outs by Collection System Operations Division (CSOD). Over 300 miles of small diameter sewers were constructed more than 40 years ago throughout the District, and the majority of sewers within the City of Lafayette fall into this category. The District implemented the sewer renovation program in 1991. Since that time an annual allowance for this program has been included in the Capital Improvement Budget and Plan. This program is an ongoing series of projects. Candidate sewer line segments are identified, evaluated, and placed on a priority list for replacement and /or renovation. The Lafayette Sewer Renovation Project will renovate or replace the most critical line segments identified in the City of Lafayette. f, The Lafayette Sewer Renovation Project, Phase 4, will reconstruct sewer lines at seventeen (17) locations, ten (10) of which are easement sites. A total of 9,200 linear feet of 6 to 10 -inch sewers are to be replaced /rehabilitated of which 4,500 LF is in streets and 4,700 LF is in easements (see Attachment 1 for map). This project is similar to the previous Lafayette Sewer Renovation Project Phases 36 which required a high k Design \Position Papers\20030P 5661 Award - db.doc Page 1 of 5 POSITION PAPER Board Meeting Date: June 5, 2003 subject. AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO OVERMILLER, INC., dba ROTO- ROOTER, FOR THE LAFAYETTE SEWER RENOVATION PROJECT, PHASE 4, DISTRICT PROJECT NO. 5661 percentage of sewer easement work that will involve close cooperation with customers for site access and restoration. District staff prepared the plans and specifications for this project. The Engineer's estimate for construction of Phase 4 is $1,200,000. This project was advertised on May 9 and 14, 2003. Two (2) sealed bids were received and publicly opened on May 27, 2003. A summary of bids received is shown in Attachment 2. The Capital Projects Division conducted a technical and commercial review of the bids and determined that the bid submitted by Overmiller, Inc., dba Roto- Rooter, is the lowest responsive bidder. The District will administer the construction contract and will provide contract administration, inspection, survey, office engineering, and submittal review. The funds required to complete this project, as shown in Attachment 3, are $1,540,000. The total cost of the Lafayette Sewer Renovation Project, Phase 4, is anticipated to be $1,540,500. The improvements to the Lafayette sewers are included in the fiscal year 2002 -2003 Capital Improvement Budget (CIB) on pages CS -12 through CS -15. Staff has conducted a cash flow analysis of the Sewer Construction Fund and concluded that adequate funds are available for this project. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15301, since it involves only alterations of existing facilities with negligible or no expansion of capacity. The Board of Directors found that the project is exempt from CEQA at its February 20, 2003, meeting. RECOMMENDED BOARD ACTION: Authorize award of a construction contract in the amount of $1,540,500 for the construction of the Lafayette Sewer Renovation Project, Phase 4, District Project No. 5661, to Overmiller, Inc., dba Roto- Rooter, the lowest responsive bidder. I: \Design \Position Papers\20030P 5661 Award - db.doc Page 2 of 5 qF2 n-74R14 F@kSw SIERRA WAY PLAN ROSE LNR, W�, MOUNTA P PLAN 8 VIEW A VALLEY VIEW RD VALLECAMINO CITO LAN 6 HILWALE RD PLAN 5 4v WALNUT CREEK WAY -ICE -24 ACAC1 IA RD at EVERGREEN CT PLAN I HILL RD —9 R EG 10 CT ,per o AMENO DR �VQ LAN 16 STAI PLAN 15 McELLEN WAY ,A,y4OPPER ' ' C/ T PLAN BIRDHAVEN CT /11, PLAN 7 WOODSIDE CT PLAN 2 BOYER CIR PLAN 10 WEBB LN PLAN 9 R6 ° PLAN 2 49 N.T.S. Z PLAN I ORINDA 10 w 3 & 4 0 Central Contra Costa Attachment Sanitary District LAFAYETTE SEWER RENOVATIONS PROJECT 1:7 PHASE 4 CCCSD PROJECT NO. 5661 Page 3 of 5 ATTACHMENT 2 Central Contra Costa Sanitary District SUMMARY OF BIDS Project: LAFAYETTE SEWER RENOVATION PROJECT, PHASE 4 Location: MARTINEZ, CALIFORNIA Date: JUNE 5, 2003 Engineer. Est. $1,200,000 1 McNamara & Smallman Construction Inc. 1756 Holmes Street $1,152,170 Livermore, CA 94550 2 Overmiller Inc. dba Roto Rooter $1,098,800 195 Mason Circle Concord, CA 94520 3 $ Bids Opened by: /s/ Joyce Murphy Date: May 27, 2003 Page 1 of 1 Page 4 of 5 ATTACHMENT 3 LAFYETTE SEWER RENOVATION PROJECT, PHASE 4 DISTRICT PROJECT NO. 5661 POST BID /PRECONSTRUCTION COST ESTIMATE Page 5 of 5 PERCENT OF ESTIMATED CONSTRUCTION No. ITEM DESCRIPTION COST ($) COST 1. Construction Contract 1,098,846 2 Contingency (15 percent) 165,154 CONSTRUCTION TOTAL: 1,264,000 100 3 Construction Management District Forces: - Construction Management 55,000 - Contract Administration/ Inspection 105,000 SUBTOTAL CONSTRUCTION MANAGEMENT: 160,000 12.7 4 Consultants/ Professional Services - Material and Construction Testings 10,000 - Arborist 7,500 - Geotech 2,000 SUBTOTAL CONSULTANT/ PROFESSIONAL SERVICES: 19,500 1.5 5 Engineering and Other Services During Construction District Forces: - Office Engineering Services 5,000 - Record Drawings 5,000 - Community Relations 15,000 - Surveying 25,000 - Collection System Operations 9,000 SUBTOTAL CONSTRUCTION ENGINEERING: 59,000 4.7 6 Miscellaneous Field Office 5,000 Permit Inspection Fees 8,000 Easement Acquisition 25,000 SUBTOTAL MISCELLANEOUS: 38,000 3.0 CONSTRUCTION MANAGEMENT AND ENGINEERING TOTAL (ITEMS 3, 4, 5, 6) 276,500 21.9 7 Total Project Cost 1,540,500 121.9 8 Funds Allocated to Date for this Portion Of Work 0 9 Allocation Required to Complete Project 1,540,500 Page 5 of 5 NPDES PERMIT June 5, 2003 Board Meeting James M. Kelly BACKGROUND . CCCSD Permit issued June 21, 2001 . Appealed, held in abeyance . Required special studies Required continued support of existing programs 1 , . CCCSD has until June 20, 2003 * Request for extension has been requested by CCCSD and BACWA * EBMUD and RWQCB in negotiations — Dioxin — Phthalate, 4,4 -DDE and Dieldrin CN REQUIRED SPECIAL STUDIES Ambient background water quality characterization - Completion required by May 18, 2003 - Conducted by BACWA and CCCSD - Saved $80,000 - Study report submitted on schedule - One more sampling event - No "remarkable" findings 2 REQUIRED SPECIAL STUDIES (continued) * CN site - specific objective — Completion required by June 30, 2003 — Conducted by BACWA with Gail Chesler as co -lead — Awaiting RWQCB action, will submit final report — Saved up to $100,000 by cooperative effort REQUIRED SPECIAL STUDIES (continued) * Dioxin Study — Sample effluent two times per year for 3 years — First effluent sample was "clean" — Improve detection limits for dioxin (split sample issue) 3 EXISTING PROGRAMS * Pretreatment Pollution Minimization / Pollution Prevention Regional Monitoring Program - Ambient background water quality - Assist RWQCB in TMDL development TMDL DEVELOPMENT Conducted in part by Clean Estuary Partnership (BACWA, BASMA, and RWQCB) * Mercury progress is slow * Sets stage for all others 4 AD �r • x m m r rr t rt tD • i No • • on m r--r CD cli CD 00 73 CD n CD C� CD m 20 m rml- O CU cli n "I r-l- :r O <. -t C n CD (D �- n CD U) "wj CL m MM m o m rr � O � � cn CL cD W w <_. o Cl) n FOP cD m cD U) c cD cD MMI —• r c� c� c� a) c� -0 3 0 -O =3 (D 0- =C: cD �91 0 n CD LI < 03 0) aj E W. m -� rD -0 X c� =� c� �0 mh c� n It c� c� Ll < c� 0 c� 3c: ='0 (D �0 Ln c� n n c� c� x E Q C7 ■ c � � W (D r:3 - to O W < O O � 70 (D C M -0 CD Cl- 3 0-0 =3 N cu O 3 m �+ �o 0 Li '99, ■ Ni O O 0) 0- O 70 CD C �- M LO C: CD N O (D rD O ow-%4%� +� W CD O� 0 0 �-0 0 ■ ■ N N N *-� O N 7v 70 C C m m � c� 3 < _0 -0 N �z 1 O CD :3 CD n � -• QO CD a O" 0 X• LO V) a) CL l J o tai c � C1 0 '17 p M t � LA o FD m X c� N mml 0 0- ko 00 n Ln \0 0 rD n (D ■ 3 E � n (D' vii O � rn o Lp Q =I CAD Cu Ln r) cu O 3 cfl O (D (D (D 0 0 O to (D (D C m N \0 0 G) O ((DD (D (D w rn O O -614 W 00 (DD C m Oo OR n O 3 3 Q Q O O (D fli 3 t� O (D (D (D O O rF' O -p Ln C m O 8P O (DD (D (D w O O Ln Lrl �O ((DD C m 0 Ll l---1 r) 0) Ul (DD cu cCn' n cr D CL O n Qj (D Cl_ n r:3-r (D i r v �D n A i r v -W Ul Ul X C m N Oo c � rn c rn O 0 m CL m 0 o Vf 0 �m -W 41)-W O ai Q fl1 iL E (D Li/ c O (D oj m 2° - Q° N =r (DD aj rD U Ln w x w ci NJ C) w w % I O N � 70 O X rn c X m c C rn C rn m m -W Ul Ul X C m N Oo c � rn c rn O 0 m CL m 0 o Vf 0 �m -W 41)-W x;00 � m X rn c C m m N ON v -L 0 o � AG) N O m r, F L m O 0 m O. 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O CD O' -'• 3 w < O CD • CD aJ rD rD _0 (D • o • 0- CD rr CD Q O CD v r-t o � •� CD O � o 'O '-.000 O U) 1 H ■ ■ ■ < au w TD E E = �_ a) LO flu O O = =3 :3 O O O =3 --h --h o m 3 � 0 vo 3 C: = ai o � -n 3 CL a, r) o Lo -0 ^ � x rD n O • O �_ Q. o (D cD n' (D e-t rD Q < CD F--•r r--r (D �. o �?. �' O (D rD _(A (D Ch a- -� ^ D CD (D En Ln a� v cQ O D � Lo LO cu vii N (DD • Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2003 No.: 9.a. HUMAN RESOURCES Type of Action: Adopt Memorandum of Understanding subject: ADOPT MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND THE MANAGEMENT GROUP EFFECTIVE APRIL 18, 2003 THROUGH APRIL 17, 2006 Submitted By: Initiating Dept /Div.: REVIEWED AND RECOMMENDED FOR BOARD ACTION. �&J fl W�,__ PAW General ISSUE: Board representatives and representatives of the Management Group tentatively agreed to the Memorandum of Understanding (MOU) on May 9, 2003. Final approval of the MOU by the Board of Directors is now appropriate. RECOMMENDATION: Adopt the MOU with the Management Group effective April 18, 2003 through April 17, 2006. FINANCIAL IMPACTS: The cost of additional salary and benefit adjustments for negotiated changes in the first year of the agreement is approximately $101,385. ALTERNATIVES /CONSIDERATIONS: Based on Board direction in closed session at its meeting of May 22, 2003, no further alternatives are presented. BACKGROUND: The District's current MOU with the Management Group expired on April 17, 2003. In light of the many uncertainties surrounding the District's economic situation and the possible loss of ad valorem tax, the Board of Directors requested that the Management Group extend its MOU. In a spirit of cooperation, the Management Group agreed to the Board's request in a letter dated April 3, 2003, and negotiations were held in abeyance until negotiations with the Management Support/Confidential Group were concluded. Board representatives and the Management Group representatives met and conferred on April 29, 2003 and May 9, 2003 to discuss changes to the expiring agreement. Tentative agreement was reached on May 9, 2003. The proposed Management compensation package parallels the MOU previously adopted by the Board for the Management Support/Confidential Group (MS /CG). Highlights of the MOU are as follows: K\Management Negotiations \managementmou.pp.2003.doc 5/28/03 Page 1 of 2 POSITION PAPER Board Meeting Date: June 5, 2003 subject: ADOPT MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND THE MANAGEMENT GROUP EFFECTIVE APRIL 18, 2003 THROUGH APRIL 17, 2006 • Wages: First year: 4 %; Years 2 and 3: 2 -5 %. • Signing Bonus: $1500. • Salary Survey: Performed immediately. Results to be considered by Board. • 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. • 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. • Cafeteria Plan Increase: $50 per month for non -cash options in the Plan. • Miscellaneous: Add Director of Administration to classifications covered by the MOU; and match language in MS /CG agreement so that excess vacation accruals are automatically paid out each year. In the discussions with the Management Group representatives, the Managers' commitment to the District was clear. Agreement was reached in a cooperative atmosphere and an efficient manner. The Management Group is to be commended for its willingness to consider the State's fiscal condition and its potential impact on District ratepayers. RECOMMENDED BOARD ACTION: Adopt the Memorandum of Understanding between the District and the Central Contra Costa Sanitary District Management Group, covering all positions designated as Management, effective April 18, 2003 through April 17, 2006. HAManagement Negotiations\rnanagementmou .pp.2003.doc 5/28/03 Page 2 of 2