HomeMy WebLinkAbout10/20/2005 AGENDA BACKUPOctober 20, 2005
3.a. AWARDS AND COMMENDATIONS
Pape 1 of 3
Adopt resolutions recognizing Service Award Recipients
RESOLUTION NO. 2005 -100
A RESOLUTION OF COMMENDATION TO
CENTRAL CONTRA COSTA SANITARY DISTRICT
EMPLOYEE SERVICE AWARD RECIPIENTS
WHEREAS, the strength and success of the District is its competent, caring, and
outstanding employees; and
WHEREAS, the vast degree of knowledge and the long -term dedication of seasoned
employees is the core of that strength and the heart of every successful endeavor; and
WHEREAS, these valuable employees have carried the District to new highs as Central
Contra Costa Sanitary District has achieved local, state, and national recognition and
awards for excellence in all areas of District operations; and
WHEREAS, it is a pleasure and privilege to pay tribute to these employees for their
service to the District:
35 years of service: Theodore Smith
30 years of service: Kenneth Grubbs and Deborah Hinkson
25 years of service: Gretchen Anastasi- Rowland, Steven Considine, John Day, Felix
Espinosa, A. Randy Grieb, Rick Higgs, Munawar Husain, Jose Lopez, Richard Powell,
David Reindl, and Curtis Swanson
20 years of service: Gilbert Abeyta, Colette Curtis - Brown, Frank Favalora, Steven
Larsen, Dante Marchetti, and Michael Penny
15 years of service: Andrew Antkowiak, Donald Berger, P. Gail Chesler, Maria
Esparza - Vignalats, Tifton Gantt, William McEachen, LeRon Patton, Deborah Ratcliff,
and P. J. Turnham
10 years of service: Charles Burch and Jamie King
5 years of service: Mark Cavallero, Thomas Corum, Paul Crouch, Heath Culbreath,
Nathan Hodges, V. Kevin Kendall, Melody LaBella, Bruce Lewis, Edgar Lopez, H. Dean
McNeely, Donald Rhoads, David Robbins, Robbie Robinson, Clint Shima, Carl Von
Stetten, Patricia Wedemeyer, Greg Ziegler, and Lisa Zou; and
WHEREAS, during the recent years of change and transition, the collective experience
and combined contributions of these veteran employees have shaped the District into a
nationally acclaimed wastewater collection and treatment agency that is a steward of
the environment, accountable to its customers, and fiscally responsible; and
WHEREAS, over and over again, these conscientious employees have demonstrated
their personal commitment to go the extra mile, never satisfied with "good enough," but
rather achieving results that are truly exceptional; and
WHEREAS, the District is truly fortunate to count these outstanding individuals as
members of the Central Contra Costa Sanitary District team.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra
Costa Sanitary District, that employee services awards are gratefully presented to the
above listed employees; and
BE IT FURTHER RESOLVED that this Resolution of Commendation is presented in
unanimous recognition and acknowledgement of the continuing service and steadfast
dedication of these outstanding employees.
PASSED AND ADOPTED this 20th day of October, 2005.
Barbara D. Hockett
President of the Board of Directors
Parke L. Boneysteele
Gerald R. Lucey
Mario M. Menesini
James A. Nejedly
COUNTERSIGNED:
Charles W. Batts
General Manager
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 20, 2005 No.: 4.a. CONSENT CALENDAR
Type of Action: ADOPT RESOLUTIONS
subject: ADOPT RESOLUTIONS AUTHORIZING EXECUTION AND RECORDING
OF A QUITCLAM DEED TO DANIEL R. AND GAYLE A. KUOKKA (1232
MONTICELLO ROAD, LAFAYETTE; DISTRICT PROJECT NO. 2523 - PARCEL 3),
AND ACCEPTING GRANT OF EASEMENT AND PUBLIC SEWER
IMPROVEMENTS (DISTRICT PROJECT NO. 2523 - PARCEL 3- REPLACEMENT)
FROM DANIEL R. AND GAYLE A. KUOKKA
Submitted By: Initiating DeptJDiv.:
John J. Mercurio, Assistant Engineering III Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
J. Mercurio — M:71 -9 . Swanson A. Farrell hales
General Mane
ISSUE: The Board of Directors' authorization by resolution is required to quitclaim
easements, accept grants of easement, and public sewer improvements, and to record
documents.
RECOMMENDATION: Adopt resolutions authorizing execution of a Quitclaim Deed,
accepting a Grant of Easement, public sewer improvements, and authorizing recording
of the documents.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: Daniel R. and Gayle A. Kuokka, the property owners at 1232
Monticello Road, Lafayette (see Attachment 1), were required to relocate a portion of
the sanitary sewer easement on their property to accommodate construction of a new
garage, and eliminate an anticipated encroachment into a sewer easement. The
existing sanitary sewer did not have to be relocated. As part of the easement
relocation, a pool would no longer be an encroachment. Attachment 1 shows the
locations of the existing easement to be quitclaimed and the new 15 -foot easement.
RECOMMENDED BOARD ACTION: Adopt resolutions authorizing the President of the
Board of Directors and the Secretary of the District to execute a Quitclaim Deed to
Daniel R. and Gayle A. Kuokka (1232 Monticello Road, Lafayette) on behalf of the
District, accepting a Grant of Easement from Daniel R. and Gayle A. Kuokka at no cost
to the District, accepting Job No. 2523, public sewer improvements, and authorizing
recording of the documents with the Contra Costa County Recorder.
Page 1 of 2
N: \ENVRSEC \Position Papers \Mercurio\2523 Kuokka 1323 Monticello Rd Lafayette Quitclainn.doc
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LEGEND:
—e— - EXISTING SEWER
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- -- - QUITCLAIMED EASEMENT
_ - REPLACEMENT EASEMENT I
Central Contra costa QUITCLAIM AND ACCEPTANCE OF Attachment
Sanitary District
EASEMENT DEDICATION 1
—J&ML— JOB 2523 KUOKKA PROPERTY
Page 2 of 2
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 20, 2005 No.: 4.b. CONSENT CALENDAR
Type of Action: ADOPT RESOLUTIONS
subject: ADOPT RESOLUTIONS ACCEPTING PUBLIC SEWER IMPROVEMENTS
AND OFFERS OF DEDICATION FOR EASEMENTS SHOWN ON THE RECORDED
FINAL MAPS OF SUBDIVISION NO. 7387 IN THE ALAMO AREA (JOB 5301) AND
SUBDIVISION NO. 8405 IN THE ALAMO AREA (JOB 5461)
Submitted By: Initiating DeptJDiv.:
John Mercurio, Engineering Assistant III Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
I't�1 1{L�_J/.`'Mer�c`u�rio_ ' „/ .Swanson h .4'—
`r General
ISSUE: A resolution of the Board of Directors is required to accept public sewer
improvements and offers of dedication, and to authorize staff to record documents.
RECOMMENDATION: Adopt resolutions accepting public sewer improvements and
offers of dedication, and authorizing staff to record the easement acceptances with the
Contra Costa County Recorder.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: The Board of Directors regularly accepts easements and public
sewer improvements by resolution. Two resolutions are being requested in this action
because of the close association of the two subdivisions in question. Subdivision
No. 8405 was created out of the map of Subdivision No. 7387. The recommended
resolutions will accept easements shown on the recorded final map of Subdivision
No. 7387 that are required for a recent public sewer extension off Stone Valley Road in
the Alamo area, as well as easements shown on the recorded final map of Subdivision
No. 8405 (as shown on Attachment 1). The final subdivision maps and public sewer
improvements have been reviewed by District staff and deemed in compliance with
District standards.
RECOMMENDED BOARD ACTION: Adopt a resolution accepting Job 5301, public
sewer improvements, and offers of dedication from Maximilian Manufacturing Company
for easements shown on the recorded final map of Subdivision No. 7387 in the Alamo
area, and authorize staff to record the easement acceptance with the Contra Costa
County Recorder. Adopt a resolution accepting Job 5461, public sewer improvements,
and offers of dedication from Alamo Highlands, LLC for easements shown on the
N: \ENVRSEC \Position Papers \Mercurio \5301 Maximilian Mfg and 5461 Alamo Highlands.doc Page 1 of 3
POSITION PAPER
Board Meeting Date: October 20, 2005
subject. ADOPT RESOLUTIONS ACCEPTING PUBLIC SEWER IMPROVEMENTS
AND OFFERS OF DEDICATION FOR EASEMENTS SHOWN ON THE RECORDED
FINAL MAPS OF SUBDIVISION NO. 7387 IN THE ALAMO AREA (JOB 5301) AND
SUBDIVISION NO. 8405 IN THE ALAMO AREA (JOB 5461
recorded final map of Subdivision No. 8405 in the Alamo area (Job 5461), and authorize
staff to record the easement acceptance with the Contra Costa County Recorder.
Page 2 of 3
N:\ENVRSEC \Position Papers \Mercurio \5301 Maximilian Mfg and 5461 Alamo Highlands.doc
JOB 5301
SUB 7387
SUB 8405
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LEGEND:
—� EXISTING SEWER
NEW SEWER
JUSTIN OR AN DR N SUB 7387 BOUNDARY
® SUB 8405 BOUNDARY
EASEMENT AREA
Central Contra Costa ACCEPTANCE OF Attachment
Sanitary District EASEMENT DEDICATIONS
' JOB 5301, SUBDIVISION 7387 & 1
JOB 5461 SUBDIVISION 8405
Page 3 of 3
' Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 20, 2005
Type of Action: APPROVE PROJECT
No.: 4.c. CONSENT CALENDAR
subject: APPROVE THE NORTH ORINDA SEWER RENOVATIONS, PHASE 2,
DISTRICT PROJECT 5833, FOR CEQA/PERMITTING PURPOSES
Submitted By: Initiating Dept ✓Div.:
Dana Lawson, Assistant Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
C60 y
D. Lawson A. Me ste ky W. Brennan A. Farrell
General
ISSUE: The Board of Directors' approval of the North Orinda Sewer Renovations,
Phase 2, DP 5833, is required prior to the filing of a Notice of Exception under the
District's California Environmental Quality Act (CEQA) Guidelines.
RECOMMENDATION: Approve the North Orinda Sewer Renovations, Phase 2,
DP 5833.
FINANCIAL IMPACTS: The total project cost is anticipated to be $2,500,000; however,
this position paper only approves the project for CEQA/Permitting and does not award a
construction contract.
ALTERNATIVES /CONSIDERATIONS: The Board may delay or decline to approve the
project. If these renovations are not constructed, the condition of these sewers will
continue to decline and may result in multiple maintenance issues.
BACKGROUND: As part of the ongoing sewer renovation program, the North Orinda
Sewer Renovations, Phase 2, will renovate approximately 14,000 feet of 6- and 8 -inch
sewer lines in approximately twenty-two (22) locations within the City of Orinda (see
Attachment 1 for map) and within easements.
Approval of a project and direction to file a Notice of Exemption is normally considered
by the Board at the time of award of a construction contract. New permitting
requirements from agencies, such as Fish and Game and the Water Board, require that
completed CEQA documentation be submitted with the permit application. Since this
permit application process can be time - consuming, Board approval of the project and
direction to file a Notice of Exemption is needed at this time.
N: \PESUP \Cbradley \Position Papers\2005 \October\DP5833 N Orinda- CEQA.DOC Page 1 of 3
POSITION PAPER
Board Meeting Date: October 20, 2005
subject: APPROVE THE NORTH ORINDA SEWER RENOVATIONS, PHASE 2,
DISTRICT PROJECT 5833, FOR CEQA/PERMITTING PURPOSES
This project is included in the fiscal year 2005 -2006 Capital Improvement Budget (CIB)
on pages CS -10 to CS -22.
Staff has concluded that this project is exempt from CEQA under District CEQA
Guidelines, Section 15301, since it involves only alterations of existing facilities with
negligible or no expansion of capacity. Authorization of this project will establish the
Board of Directors' independent finding that the project is exempt from CEQA.
RECOMMENDED BOARD ACTION: Approve the North Orinda Sewer Renovations,
Phase 2, DP 5833, and direct staff to file a Notice of Exemption with the Contra Costa
County Clerk.
NAPESUP \Cbradley \Position Papers\2005 \0ctober \DP5833 N Orinda- CEQA.000 Page 2 of 3
Central Contra Costa I
Sanitary District NORTH ORINDA SEWER RENOVATION
PHASE 2
CCCSD DP 5833
Page 3 of 3
Drawing No.
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 20, 2005 No.: q.d. CONSENT CALENDAR
Type of Action: SET HEARING DATE
subject: ESTABLISH NOVEMBER 17, 2005, AT 2:00 P.M. AS THE DATE AND TIME
FOR A PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF
NECESSITY TO ACQUIRE EASEMENTS THROUGH STRENTZEL LANE,
MARTINEZ, FOR THE ALHAMBRA VALLEY SEWER PROJECT, DISTRICT
PROJECT 5919
Submitted By: Initiating Dept./Div.:
Ricardo Hernandez Engineering Department/Environmental Div.
Senior Engineering Assistant
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
R- Mny wanson A. r ell Charles W. Ba
General Mana r
ISSUE: A public hearing must be conducted and a Resolution of Necessity adopted to
initiate eminent domain (condemnation) proceedings for acquisition of public
easements.
RECOMMENDATION: Establish November 17, 2005, at 2:00 PM as the date and time
to hear evidence and consider adoption of a Resolution of Necessity to obtain
easements through condemnation for the Alhambra Valley Sewer Project.
FINANCIAL IMPACTS: There will be legal costs associated with condemnation
litigation.
ALTERNATIVES /CONSIDERATIONS: The easements are required to construct the
Strentzel Lane segment of the Alhambra Valley Sewer Project. Alternative alignments
for this project would also require the acquisition of easements.
BACKGROUND: The subject easements are through a portion of Strentzel Lane that is
private (map attached). The title report for this private property lists several property
owners including heirs of the Hana family, which owned the land prior to it being
subdivided. The Hana heirs are living throughout the country and this will require an
extensive and lengthy process to acquire the needed signatures. Altogether, 19 offers
have been mailed to parties owning an interest in this property. Previous staff reports to
the Board have explained the necessity of the project in providing sewer service to
residents in the unincorporated area of Martinez commonly referred to as the Alhambra
Valley.
Although negotiations are continuing with the property owners, staff considers it
appropriate to proceed with the commencement of eminent domain action to acquire the
WENVRSEMPosition Papers \Hernandez R \5919 Set Hearing for Strenzel Lane.DOC Page 1 of 3
POSITION PAPER
Board Meeting Date: October 20, 2005
subject: ESTABLISH NOVEMBER 17, 2005, AT 2:00 P.M. AS THE DATE AND TIME
FOR A PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF
NECESSITY TO ACQUIRE EASEMENTS THROUGH STRENTZEL LANE,
MARTINEZ, FOR THE ALHAMBRA VALLEY SEWER PROJECT, DISTRICT
PROJECT 5919
easements needed for this construction project. The project is tentatively scheduled to
be publicly bid in March of 2006.
Staff is prepared to present evidence at the hearing to show that this public
improvement project meets all of the following criteria:
1. The public interest and necessity require the project;
2. The project is planned or located in a manner that will be most compatible
with the greatest public good and the least private injury; and
3. The property rights sought to be acquired are necessary for the project.
Staff will continue efforts to contact owners with the intent of resolving all issues and
reaching and agreement with them. Property owners will be notified of the public
hearing no less than 16 days prior to the hearing.
RECOMMENDED BOARD ACTION: Establish November 17, 2005, at 2 PM as the
date and time for a public hearing to hear evidence and consider adoption of a
Resolution of Necessity for the Alhambra Valley Sewer Project, Project No. 5919.
Page 2 of 3
N:\ENVRSEC \Position Papers \Hernandez R \5919 Set Hearing for Strenzel Lane.DOC
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LEGEND:
-- PRIVATE ROAD EASEMENT
PROPOSED EASEMENT AREA
Central Contra Costa Attachment
Sanitary District STRENTZEL LANE EASEMENT
MAP
Ardt I ALHAMBRA VALLEY SEWER -PHASE 1
Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 20, 2005 No.: 4.e. CONSENT CALENDAR
Type of Action: HUMAN RESOURCES
subject: AUTHORIZE LEAVE OF ABSENCE WITHOUT PAY FOR ERIKA LISKAMM,
ENGINEERING ASSISTANT I, THROUGH JANUARY 27, 2006
Submitted By:
Kurt Darner
Supervising Engineering Assistant
Initiating Dept. /Div.:
Engineering / Environmental Services
REVIEWED AND RECOMME DED FOR BOARD ACTION:
K. Darner C. Swanson F
General
ISSUE: Board of Directors' authorization is required for a leave of absence without pay
in excess of 30 days.
RECOMMENDATION: Authorize leave of absence without pay for Erika Liskamm,
Engineering Assistant I.
FINANCIAL IMPACTS: Minimal.
ALTERNATIVES /CONSIDERATIONS: Deny leave of absence without pay.
BACKGROUND: Erika Liskamm, Engineering Assistant I, has been off of work from
April 18, 2005 through May 2, 2005, and again since August 29, 2005, to assist in the
care of her mother who has a serious medical condition. Ms. Liskamm applied for, was
granted, and used 12 weeks of Family Medical Leave, which expired on September 15,
2005. Ms. Liskamm requested, and was granted leave of absence without pay for 30
working days, which will expire on October 27, 2005. At this time, we request that Ms.
Liskamm be granted a leave of absence without pay until January 27, 2006. The health
status of Ms. Liskamm's mother will likely be known by that time.
RECOMMENDED BOARD ACTION: Authorize medical leave of absence without pay
for Erika Liskamm, Engineering Assistant I, through January 27, 2006.
N: \ENVRSEC \Position Papers0arner\Liskamm Authorize Leave of Absence.DOC
HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A
RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PUBLIC EASEMENTS
FOR SANITARY SEWER AND ACCESS PURPOSES AND AUTHORIZING EMINIENT
DOMAIN PROCEEDINGS FOR THE ALHAMBRA VALLEY TRUNK SEWER
PROJECT, DISTRICT PROJECT NO. 5919
SUGGESTED AGENDA
October 20, 2005
Request Staff Report
Hearing
A. Open Hearing
B. Receive comments from affected property owners (see attached list)
C. Receive comments from other interested parties
D. Close Hearing
III. Discussion
IV. Recommended Actions
A. Consider adopting the proposed Resolution of Necessity for the
Acquisition of Public Easements for Sanitary Sewer and Access Purposes
and Authorizing Eminent Domain Proceedings for the Alhambra Valley
Trunk Sewer Project, District Project No. 5919
N: \ENVRSEC \Position Papers \Hernandez R \5919 Agenda for Hearing Eminent Domain 10- 20- 05.doc
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 20, 2005 No.: 5.a. HEARINGS
Type of Action: CONDUCT HEARING; AUTHORIZE RESOLUTION
subject: CONDUCT A HEARING TO RECEIVE COMMENTS ON AND CONSIDER
ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF
PUBLIC EASEMENTS FOR SANITARY SEWER AND ACCESS PURPOSES AND
AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE ALHAMBRA
VALLEY TRUNK SEWER PROJECT, DISTRICT PROJECT NO. 5919
Submitted By: Initiating Dept ✓Div.:
Ricardo Hernandez Engineering /Environmental Services
Senior Engineering Assistant
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
-� Jg
R. Hernandez M. ny wanson A. Farrell Kent Alm rl
GenerOManage
ISSUE: California Eminent Domain Law (Code of Civil Procedure Section 1245.235)
requires that a public agency conduct a hearing prior to adoption of a Resolution of
Necessity to acquire property by eminent domain. The hearing is not a public hearing,
but is a hearing at which the owner(s) of the property that is to be acquired is given an
opportunity to address the three issues that must be considered and determined by the
Board of Directors. In this matter, and as required by the above statute, written notice
of this hearing was mailed October 3, 2005 to the property owners as listed on Exhibit
A. A map showing the properties is also attached.
The three issues that must be considered and determined in this hearing are as follows:
1. The public interest and necessity require the proposed project;
2. The proposed project is planned or located in the manner that will be most
compatible with the greatest public good and least private injury; and,
3. The property described in the Resolution is necessary for the proposed project
RECOMMENDATION: Conduct a hearing to receive input from affected property
owners regarding the staff - proposed Resolution of Necessity for the Acquisition of
Public Easements for Sanitary Sewer and Access Purposes and Authorizing Eminent
Domain Proceedings for the Alhambra Valley Trunk Sewer Project. A copy of the
proposed Resolution is presented as Exhibit B.
Page 1 of 13
WENVRSEMPosition Papers \Hernandez R \5919 Wanda Way Alhambra Valley Trunk Sewer Hearing 10- 20- 05.DOC
POSITION PAPER
Board Meeting Date: October 20, 2005
subject: CONDUCT A HEARING TO RECEIVE COMMENTS ON AND CONSIDER
ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF
PUBLIC EASEMENTS FOR SANITARY SEWER AND ACCESS PURPOSES AND
AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE ALHAMBRA
VALLEY TRUNK SEWER PROJECT, DISTRICT PROJECT NO. 5919
After concluding the hearing and considering all evidence presented, adopt the
proposed Resolution of Necessity authorizing the acquisition of permanent easements
for sanitary sewer purposes by eminent domain, filing of the eminent domain action,
deposit of the amount of probable compensation, and the application for an Order of
Possession.
FINANCIAL IMPACTS: These include easement costs and legal expenses associated
with the filing of eminent domain action, and obtaining an Order of Possession. These
expenses are provided for in the authorized project budget. Expenses associated with
right -of -way acquisition will be considered as construction costs for the project and will
be included as part of the connection fees to the proposed trunk sewer. The
compensation to be paid to property owners for the proposed easements is not a matter
to be considered by the Board of Directors at the hearing.
ALTERNATIVES /CONSIDERATIONS: The Board could elect not to adopt the proposed
Resolution of Necessity, could continue the hearing, could conclude the hearing and
defer its decision to a future date or could direct staff to pursue another route for the
trunk sewer. No action by the Board at this time will delay the acquisition of the needed
right -of -way, and possibly delay the start of construction.
BACKGROUND: The Board accepted The Facilities Plan for Wastewater Utility Service
to Alhambra Valley on October 2, 2003. This Facilities Plan identified 200 properties
that could ultimately connect to the system. Approximately 170 of these properties have
homes that are using septic tanks. The Facilities Plan concluded that a gravity sewer
service was the preferred ultimate alternative to serve existing and proposed residential
development in this area. Subsequent design plans selected the proposed route as the
preferred alignment for the 10 -inch to 12 -inch diameter gravity trunk sewer. Exhibit C
summarizes the alternatives considered during design (Route 1 is the preferred
alignment). The advantages of Route 1 are that it will allow the most connections,
eliminates the need for a pumping station, the alignment is through existing roadways,
and eliminated the need for backyard easements.
At its September 1, 2005 meeting, the CCCSD Board of Directors approved an
addendum to the Alhambra Valley Estates Subdivision Environmental Impact Report
that addressed the environmental effects of CCCSD's Alhambra Valley Trunk Sewer
Project. Subsequently, a Notice of Determination was filed with the Contra Costa
County Clerk in compliance with the California Environmental Quality Act (CEQA).
Page 2 of 13
N: \ENVRSEC \Position Papers\Hernandez R \5919 Wanda Way Alhambra Valley Trunk Sewer Hearing 10- 20- 05.DOC
POSITION PAPER
Board Meeting Date: October 20, 2005
subject. CONDUCT A HEARING TO RECEIVE COMMENTS ON AND CONSIDER
ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF
PUBLIC EASEMENTS FOR SANITARY SEWER AND ACCESS PURPOSES AND
AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE ALHAMBRA
VALLEY TRUNK SEWER PROJECT, DISTRICT PROJECT NO. 5919
A segment of the approved alignment is located through Wanda Way. The north end of
Wanda Way is privately owned and maintained. Staff entered into negotiations with 13
property owners to purchase the proposed easements through this private portion of
the road. To date, staff has been unsuccessful in acquiring the needed easements
from 11 (eleven) owners. Although negotiations are ongoing, staff is recommending
initiation of eminent domain proceedings to meet the construction schedule for this
project.
RECOMMENDED BOARD ACTION: Conduct a hearing to receive input from affected
property owners regarding the staff - proposed Resolution of Necessity for the
Acquisition of Public Easements for Sanitary Sewer Purposes and Authorizing Eminent
Domain proceedings for the Alhambra Valley Trunk Sewer Project.
After concluding the hearing and considering all evidence presented, adopt the
proposed Resolution of Necessity authorizing the acquisition of permanent easements
for sanitary sewer purposes by eminent domain, filing of the eminent domain action,
deposit of the amount of probable compensation, and the application for an Order of
Possession.
Code of Civil Procedure Section 1245.240 requires a two- thirds vote of all members of
the governing body of the public entity for Adoption of said Resolution of Necessity.
Notwithstanding the discussion above, negotiations with the U.S. National Park Service
may make continuance or postponement of the public hearing the appropriate action at
this time.
Page 3 of 13
N:\ENVRSEMPosition Papers \Hernandez R \5919 Wanda Way Alhambra Valley Trunk Sewer Hearing 10- 20 -05. DOC
EXHIBIT A
Wanda Way Property Owner List
Paul F. Albright
Carol S. Albright
24 Wanda Way
Martinez, CA 94553
APN: 366- 101 -002
Peter G. Allen
Marianne Allen
20 -A Wanda Way
Martinez, CA 94553
APN: 366- 101 -004
Ronald L. Dalton
Athena R. Costis
30 Wanda Way
Martinez, CA 94553
APN: 366- 102 -012
Harvey M. Feld
29 Wanda Way
Martinez, Ca 94553
APN: 366 - 102 -006
Edward F. Fong, Trustee
Amy L. Fong, Trustee
35 Wanda Way
Martinez, CA 94553
APN: 366- 102 -008
Edward F. Fong, Trustee
Amy L. Fong, Trustee
35 Wanda Way
(RE: 0 Wanda Way)
Martinez, CA 94553
APN: 366- 102 -009
John Johnston
Barbara Colton Johnston
41 Wanda Way
Martinez, CA 94553
APN: 366- 102 -011
Keith E. Nolte, Trustee
Ruth J. Nolte, Trustee
27 Wanda Way
Martinez, CA 94553
APN: 366- 102 -005
Harold L. Olson, Trustee
Marie J. Olson, Trustee
22 Wanda Way
Martinez, CA 94553
APN: 366- 101 -003
Jerome Michael Ott, Trustee
Linda Fishman Ott, Trustee
25 Wanda Way
Martinez, CA 94553
APN: 366 - 102 -002
Matthew H. Parkinen
26 Wanda Way
Martinez, CA 94553
APN: 366 - 101 -001
Ronald Sadusky
Jennifer Sadusky
23 Wanda Way
Martinez, CA 94553
APN: 366- 102 -001
Page 4 of 13
OWNER LIST
EXHIBIT B
RESOLUTION NO.
RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE
THE ACQUISITION OF A PERMANENT EASEMENT AND DIRECTING
THE FILING OF EMINENT DOMAIN PROCEEDINGS
(Job No. 5919; Assessor's Parcel No's: 366 - 101- 001,002,003,004; 366 -102-
001 ,002,005,006,008,009,011,012)
IT IS RESOLVED by the Central Contra Costa Sanitary District, Martinez,
California, as follows:
WHEREAS, it is necessary for the Central Contra Costa Sanitary District to
acquire permanent easements for sanitary sewer purposes and ingress and egress, and
related appurtenances, related to the Alhambra Valley Trunk Sewer Project, and more
particularly described in Exhibit "A." The name and address of the owner who has
interests to be acquired is as follows:
See attached Owner List
WHEREAS, the Central Contra Costa Sanitary District is vested with the power
of eminent domain to acquire said interests by virtue of Article 1, Section 19, of the
Constitution of the State of California, Section 6514 of the Health and Safety Code of
the State of California and Sections 1240.010, et seq., of the Code of Civil Procedure of
the State of California; and
WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil
Procedure of the State of California, notice has been duly given to the owners of the
subject property and whose names and addresses appear on the last Contra Costa
County equalized assessment roll, all of whom have been given a reasonable
Page 6 of 13
Job 5919
Resolution No.
Page 2 of 3
opportunity to appear and be heard before the Board of Directors of the Central Contra
Costa Sanitary District on the following matters:
(a) Whether the public interest and necessity require the proposed project;
(b) Whether the proposed project is planned or located in the manner that will
be most compatible with the greatest public good and the least private
injury; and
(c) Whether the interests sought to be acquired are necessary for the
proposed project.
NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows:
1. The public interest and necessity require the Project.
2. The Project is planned and located in the manner, which will be most
compatible with the greatest public good and the least private injury.
3. The property interests sought to be acquired are necessary for the project.
4. The General Counsel of the Central Contra Costa Sanitary District or his
duly authorized designee be, and he is hereby authorized and directed to
institute and conduct to conclusion an action in eminent domain for the
acquisition of the estates and interests aforesaid and to take such action
as he may deem advisable or necessary in connection therewith.
5. An order for prejudgment possession may be obtained in said action and a
warrant issued to the State Treasury Condemnation Fund, in the amount
determined by the Court to be so deposited, as a condition to the right of
immediate possession.
Page 7 of 13
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
NAENVRSEC \Position PapersWernandez R\5919 Resolution Easement Acquisition & Eminent Domain.DOC 2
Job 5919
Resolution No.
Page 3 of 3
The foregoing Resolution was adopted at a regular meeting of the Central
Contra Costa Sanitary District held on the 20th day of October 2005, by the
following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
ATTEST:
Secretary
APPROVED AS TO FORM:
Kenton L. Alm
General Counsel
President, Board of Directors
Page 8 of 13
N: \ENVRSEC \Position Papers\Hernandez R \5919 Resolution Easement Acquisition & Eminent Domain.DOC 3
EXHIBIT A
Exhibit A consists of 11 Grants of Easements.
Page 9 of 13
EXHIBIT C
ALHAMBRA VALLEY TRUNK SEWER PROJECT
Routing Analysis
Wherever possible, CCCSD chooses to use gravity in the design of the wastewater collection
system. CCCSD's policy and past practice is to disapprove the use of pump systems when
technically and financially feasible gravity alternatives are available. Pumping requires the
establishment of a pumping station and force main, which can have long -term noise control,
odor control, and operations and maintenance (O &M) costs associated with it. These O &M
costs include electricity, materials, equipment, vehicle trips, chemicals, and staff labor.
Additionally, there is a risk for wastewater overflows or chemical spills caused by the potential
failure of electrical and mechanical equipment. Wastewater overflows and chemical spills
endanger both public health and the environment.
An evaluation of the area topography shows that there are 3 possible alignments for a gravity
sewer (see drawing 1). The following is a brief summary of the primary pros and cons of each
route.
Route 1: Wanda Way to Strenzel Lane
• Excavations would average 8 to 22 feet
• Sewers could be constructed following the natural ground slope i.e. no reverse slope
construction
• Sewers would be installed within existing roads or utility easements
• Length of future main extensions would be minimized and could flow by gravity to new
trunk sewer
Route 2: Alhambra Valley Road
• Constructing a gravity sewer will require excavations greater than 40 feet deep within a
2 -lane road.
• Local sewers that tie into this trunk line from Wanda Way and Peggy lane would be
constructed adverse to the natural ground slopes and some would require pumping
stations.
• Due to the deep excavations special shoring needs to be designed and because the
road is narrow road it must be closed to construct the sewer.
• This alignment is considered the most technically difficult and financially costly option to
construct.
Route 3: Wanda Way to Deodora Way to Peggy Lane
• Excavations would range from 8 to 22 feet.
• Local sewer in Wanda Way north of Deodora would be constructed adverse to the
natural ground slope resulting in deeper excavations and flatter slopes
Easements must be obtained across 5 parcels
Approximately '' /z of the opencut excavation would be in private property and backyard
manholes with access roads would be constructed. Backyard manholes are difficult to
maintain.
Page 10 of 13
N: \ENVRSEC \Position Papers \Hernandez R \Exhibit C to 5919 Wanda Way Alhambra Valley Trunk Sewer Hearing.DOC
Route 1 best meets all the design standards and results in the least overall environmental
impact to the area. The planned sewer alignment (see drawing 1, Route 1) would begin in the
City of Martinez at Gilbert Lane and Alhambra Valley Road and proceed in a southerly
direction, ending at the Alhambra Valley Road /Reliez Valley Road intersection. This planned
alignment is the same one recommended in CCCSD's "Facilities Plan for Wastewater Utility
Service to Alhambra Valley ".
Page 11 of 13
N: \ENVRSEC \Position Papers \Hernandez R \Exhibit C to 5919 Wanda Way Alhambra Valley Trunk Sewer Hearing.DOC
N LEGEND
ROUTE 7
ROUTE 2
ROUTE 3
° 400 B00 ® USPS SITE
11 FEET
r Central Contra Costa
s sanitary District ALHAMBRA VALLEY
ALTERNATE SEWER ROUTES
Drawing No
Page 12 of 13
October 11. 2005
Peter & Marianne Allen
20A Wanda Way
Martinez, CA 94553
APN: 366- 101 -004
Central Contra Costa Sanitary District
Attn:. Elaine Boehme, Secretary of the District
5019 Imhoff Place
Martinez, CA 94553
RE: District Project 5919
Acquisition of Easement by Eminent Domain
Dear Ms. Boehme:
DECEIVED
OCT 13 2005
SECRETARY OF THE DISTRICT
In accordance with Mr. Curt Swanson's letter of October 3, 2005, be advised that I would like to address the
District Board of Directors at the hearing scheduled on or about October 20, 2005.
Sin rely; ,r /
eter Allen
cc: Curt Swanson, CCCSD
Steve Castelano, Associated Right -of -Way Services
10/1!>/O5: CG: 8--Vkra1/ �t•M *5- tte-k—,AAzkDo' --/ r.P'., Ior` Page 13 of 13
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ALHAMBRA VALLEY TRUNK
SEWER
Sewer Route Evaluation Criteria
Provide gravity service
Serve ultimate service area
ILocate in roads
• Avoid deep excavations
• Avoid unstable areas such as creek banks and
t hillsides
a Limit creek crossings and siphons
Route No. 1
Wanda Way to Strentzel Lane
Sewers in existing roads or utility easements
Provides gravity sewer service to ultimate
service area
1 creek crossing and 1 siphon
8 — 22 foot excavations
o. Recommended route
i
Wanda Way, Deodora Way and
Peggy Lane
Easement sewers across 5 properties
Construction through backyards
8 to 22 foot excavations
o. May not provide gravity sewer service for
ultimate tributary area
a 1 more siphon or creek crossing
Route No. 3
Alhambra Valley Road
Paved public right -of -way
Heavy traffic
o. Deep excavations — up to 40 -feet
o. 1 less creek crossing
v. Future sewer extensions would be more difficult
w. Most costly alternative
2
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NATIONAL PARK SERVICE
)HN MUIR NAT'L HIST. SITE
366 -101 -001
MARTINEZ
LOCATION MAP
N. T. S.
366 - 102 -012
lid ,,0 366- 102 -011
366 - 102 -010
37
35
366 - 102 -009
LAMFPV 1"' 366 -102 -002
366- 101 -004 366 -102 -001
LEGEND: N
PRIVATE ROAD EASEMENT
PROPOSED EASEMENT AREA
- EASEMENTS OBTAINED
Central Contra Costa Attachment
Sanitary District WANDA WAY (PRIVATE SECTION)
43991) ALHAMBRA VALLEY SEWER -PHASE 1 MAP
Contract Cost $1,808,000
Contractor K J Woods Construction. Inc.
Scope Of Work Install 6,200 feet of 6 inch o
15 inch pipe by open cut and
2.000 feet of 6 inch and 8
inch HDPE pipe using pipe
bursting method
5( )l; I I 10RI\DA S!.A\ IJI
liMPF "(WI. ^MIA IS PI 1ASI: I ICI' tii78
Construction Period
140 calendar days
Notice to Proceed
June 13, 2005
Contract Completion
October 31, 2005
Project Status
90 °/ complete
2 Change Orders
($58,000)
2 extra work issues currently being negotiated
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Sanitary uistrict SOUTH ORINDA SEWER IMPROVEMENTS
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Drawing No.
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,/�' 1250 Spftbrook Rd
Walnut Creek, CA.
Tel: 925-229-7155, Fax:
INSPECTION IMAGES
CITY: STREET: DATE: SECTION NR: SECTION NAME:
ORINDA MORAGA WAY tOI1012005 1 794
IMAGE: 4628a, TAPE #: 90, 03:52:44
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IMAGE: 4629a, TAPE #: 90,03:53:14
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01 05 2005.mdb 11 PAGE:2
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1250 Sprirgbrook Rd
AW Walnut Creek, CA.
%-L--ow - Tel: 925 - 229.7155, Fax:
INSPECTION IMAGES
CITY: STREET: DATE: SECTION NR: SECTION NAME:
ORINDA RAGA WAY 10/lOS005 793
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01 05 2005.mdb 11 PAGE:2
F
LANDFILL GAS I CONTRACT
Board of Directors Meeting
October 20, 2005
Douglas J. Craig
LANDFILL GAS CONTRACT
• BULLDOG POWER AND GAS
• EXPIRES NOVEMBER 1, 2005
• THREE -YEAR CONTRACT
• 15,000 DECATHERMS /MONTH
g. P. Z)
l o/ao/os
1
CURRENT PRICE STRUCTURE
• 30% Discount for first $2.00 /DT of natural gas
price
• 40% Discount on next $2.00 /DT of natural gas
price
• 50% Discount on natural gas price above
$4.00 /DT
• No floor or no ceiling
2
GAS PRICES DURING �CONTRACT
4
Average
5
Natural Gas
Landfill Gas
Landfill Gas
Year
Price
Discount
Price
2002 -2003
3.85
35%
2.50
r 4
2003 -2004
4.95
38%
3.07
a� -5",'
2004 -2005
6.62
41%
3.91
2
$10.00
$9.00
$8.00
r
2 $7.00
w
$8.00
$8.00
c
�a
$4.00
O
$3.00
CL
$2.00
$1.00
$0.00
Comparison of LFG Contracts
$18.00
$14.00
$12.00
$10.00
$8.00
LL $8.00
$4.00
$2.00
8 8
W H H H M C N M m h aD
H H H H H H H H H
Price of Natural Gas ($ /Dth)
- --Current LFG Price —*— BULLDOG PROPOSAL
Natural Gas Futures Price Projections
$0.00
z o u a a rn o z o a a a b z a 1 a �, O z
Month -Year
t Projected NG Burner Tip Price (10/18)
$10.00
$9.00
$8.00
M
p $7.00
$8.00
'tea $5.00
C
tD
J $4.00
w
O
m
v $3.00
a
$2.00
$1.00
$0.00
8
Comparison of LFG Contracts
8 8 8 8 8 8 8 8 8 8 8 8 8 8
�p .
H � O � N M V' V1 m h O
V! tN W N vw K W f9
Price of Natural Gas ($ /Dth)
—4-- Current LFG Price —M—BULLDOG PROPOSAL — f —CCCSD PROPOSAL
Draft 2006 Board Calendar
Proposed Revisions: In January: moved meetings from January 5 and January 19
to January 12 and January 26 (January 26 will be Financial
Planning Workshop), as in prior years.
In August: cancel August 3 meeting (Board usually has only
one meeting in August).
Proposed revisions will be discussed at the October 20 Board Meeting.
DRAFT
BOARD CALENDAR
2006
January
JANUARY
Didrict140k y ;
12
S
M
T
W
T
F
S
1
2"
3
4
5
6
7
8
9
10
11
12
13
14
15
16-17
14
18
19
20
21
22
23
24
25
26
27
28
29
30
31
19
20
21
22
2006
January
FEBRUARY
Didrict140k y ;
12
S
M
T
W
T
F
S
2
CCCSD Board Meeting
16
1
2
3
4
5
6
7
8
9
10
11
12
'13`
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
19
20
21
22
2006
Holklay
CASA Conference
CCCSD Board Meeting
January
2
Didrict140k y ;
12
CCCSD Board Meeting
16
Mrdn Lumter tuna, Jr.'s Birthday
18.21.
,CASA —PSim Springs
26
Financial Planning Board Workshop
Holklay
CASA Conference
CCCSD Board Meeting
February
2
CCCSD Board Meeting
13
Lincoln's Birthday
16
CCCSD Board Meeting
20
Washington's Birthday "
26-28
March
2
CCCSD Board Meeting
16
CCCSD Board Meeting
Holklay
CASA Conference
CCCSD Board Meeting
April
TBA
CASA Legislative Conference
M T
Washrigfon, D.C.
6
CCCSD Board Meeting
20
CCCSD Board Meeting
26-28
CASA —Squaw Creek
Holklay
CASA Conference
CCCSD Board Meeting
SEPTEMBER
MARCH
JULY
M T
W
S
S
M
T
W
T
F
S
a
Mav
CCCSD Board Meeting
4 5
6
7
1
2
3
4
18
CCCSD Board Meeting
5
6
7
8
9
10
11
29
Memorial Day
12
13
14
15
16
17
18
23
24
19
20
21
22
23
24
25
June
26
27
28
29
30
31
1
CCCSD Board Meeting
M
T
W
T
F
S
15
CCCSD Board Meeting
2
3
4
5
6
7
8
9
July
11
12
APRIL
14
15
4
lndp«rdenee Day Holiday
S
M
T
W
T
F
S
6
CCCSD Board Meeting
27
28
29
30
31
20
CCCSD Board Meeting
1
2
3
4
5
6
7
8
Auoust
9
10
11
12
13
14
15
9-12
CASA — Monterey
16
17
18
19
20
21
22
17
CCCSD Board Meeting
23
24
25
26
27
28
29
30
September
4
Labor Day
MAY
7
CCCSD Board Meeting
S
M
T
W
T
F
S
21
CCCSD Board Meeting
1
2
3
4
5
6
October
7
8
9
10
11
12
13
5
CCCSD Board Meeting
14
15
16
17
18
19
20
19
CCCSD Board Meeting
21
22
23
24
25
26
27
28
'29
30
31
November
2
CCCSD Board Meeting
JUNE
10 -
16
VatsrenaDay
CCCSD Board Meeting
S
M
T
W
T
F
S
23
Thanksgiving Day
1
2
3
24
District Holiday
4
5
6
7
8
9
10
December
11
12
13
14
15
16
17
7
CCCSD Board Meeting
18
19
20
21
22
23
24
21
CCCSD Board Meeting
25
26
27
28
29
30
25
District Holiday
26
District Holiday
Holklay
CASA Conference
CCCSD Board Meeting
SEPTEMBER
OCTOBER
JULY
M T
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W
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F
S
1
2
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4 5
6
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1
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AUGUST
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5
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8
9
10
11
12
13
14
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18
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20
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23
24
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26
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SEPTEMBER
OCTOBER
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6
7
8
9
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11 12
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18 19
20
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23
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OCTOBER
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4
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8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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25
26
27
28
29
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31
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29
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NOVEMBER
S
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8
9
10
11
12
13
14
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16
17
18
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22.23
21
24
25
26
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DECEMBER
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8
9
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31
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 20, 2005 No.: 10.a. BUDGET AND FINANCE
Type of Action: RECEIVE AUDITED FINANCIAL STATEMENTS
subject: RECEIVE THE AUDITED FINANCIAL STATEMENTS FOR THE FISCAL
YEAR ENDED JUNE 30, 2005
Submitted By: Initiating Dept. /Div.:
Debbie Ratcliff, Controller Administrative /Finance & Accounting
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
General
ISSUE: The audited financial statements of the Central Contra Costa Sanitary District
for the Fiscal Year ended June 30, 2005 are being submitted to the Board of Directors.
RECOMMENDATION: Receive the audited financial statements for the Fiscal Year
ended June 30, 2005.
FINANCIAL IMPACTS: None
ALTERNATIVESICONSIDERATIONS: None
BACKGROUND: The firm of Vavrinek, Trine, Day & Co., Certified Public Accountants,
has completed its examination of the District's financial statements for the Fiscal Year
ended June 30, 2005, and has submitted the audited financial statements and auditor's
opinion thereon.
In the routine performance of their examination of the financial statements, the auditors
evaluate the District's internal accounting controls to determine the nature and extent of
the auditing procedures required. Based on their observations during the course of the
examination, the auditors routinely advise District management of any recommendations
to improve the system of internal accounting controls. There were no recommendations
for improvements in internal controls this year.
The audited financial statements were reviewed in detail at a Budget and Finance
Committee meeting on October 13, 2005. Two suggestions were discussed with the
Budget & Finance Committee. One suggestion was made by the auditors to change
the District's Investment Policy to include an annual performance evaluation of the
investments as opposed to every four years to determine whether the investment
objective of achieving a market - average rate of return is being realized. The market -
average rate of return will need to be defined for consistency purposes. This will be
N :WDMINSUP\ADMINtPOSPAPERWudited Financial Statements 10- 20- 05.doc Page 1 oft
POSITION PAPER
Board Meeting Date: October 20, 2005
subject. RECEIVE THE AUDITED FINANCIAL STATEMENTS FOR THE FISCAL
YEAR ENDED JUNE 30, 2005
brought back to the Board for approval at a future Board meeting. The second
suggestion was to consider raising the District's capitalization limit from the current
$1,000 to a minimum of $5,000 or something greater. This will be brought before the
Board for consideration at the January 2006 Board Financial Planning and Policy
Workshop and incorporated into the District's fiscal year 2006 -2007 Equipment Budget.
A copy of the audited financial statements has been received by the Board under
separate cover and will be reviewed at the Board meeting on October 20, 2005.
In accordance with Government Code Section 53891, information from the audit will be
used to prepare a report to the State Controller's office. The report will be sent by the
annual deadline of October 18, 2005.
RECOMMENDED BOARD ACTION: Receive the audited financial statements for the
Fiscal Year ended June 30, 2005.
N :\ADMINSUP\ADMIN \POSPAPER\Audited Financial Statements 10- 20- 05.doc Page 2 of 2
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