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HomeMy WebLinkAbout03/01/2007 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 3.c. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING OFFERS OF DEDICATION FROM KING ESTATES L.P., ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION (JOB 5399 - PARCEL 1, OAK BRANCH WAY, WALNUT CREEK AREA) Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: ?✓ / " NI. Ilin J. Miyamoto -Mills . Swanson A. Farrell James M. Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting offers of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: The subject easement was acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept easements and sewers installed during a recent sewer extension in King Drive and Oak Branch Way in the Saranap area of Walnut Creek (as shown on Attachment 1). Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an easement from King Estates L.P., accepting Job 5399 public sewer improvements constructed within the easement, and authorizing recording of the resolution with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Mullin\2007\5399 PP King Estates 3- 1- 07.doc Z r A O SITE riCE BLY N N'lsQO .: 1 A Z N L c LOCATION MAP N. T. S. KING DRS King Estates, L.P. King Estates, L.P. APN 238 - 040 -011 APN 238 - 040 -012 APN 238 - 040 -012 King Estates, L.P. OAK BRANCH WAY King Estates, L.P. APN 238 - 040 -014 Central Contra Costa ACCEPT EASEMENT Attachment Sanitary District JOB 5399 - PARCEL 1 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 3.d. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM JOHN AND FLORA PINELLA, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION (JOB 5399 - PARCEL 2 KING DRIVE, WALNUT CREEK AREA) Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: :Mlq )a V ry am: &::�� M. ullin J. Miyamoto -Mills C. Swanson A. Farrell James M. Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: The subject easement was acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement and sewers installed during a recent sewer extension in King Drive in the Saranap area of Walnut Creek (as shown on Attachment 1). Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an easement from John and Flora Pinella, accepting Job 5399 public sewer improvements constructed within the easement, and authorizing recording of the resolution with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Mullin \2007 \5399 PP Pinella 3- 1- 07.doc F 0 SITE riCE BLY �O ! }J NN ti h OAK BRANCH WAY `♦ �� Central Contra Costa Sanitary District ACCEPT EASEMENT ' JOB 5399 - PARCEL 2 JN Attachment 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 3.e. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM MORGAN CAPITAL INVESTMENT PROPERTIES, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION (JOB 5399 - PARCEL 3 KING DRIVE, WALNUT CREEK AREA) Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION. i4, � C 41 �v M. ullin J. Miyamoto -Mills C. Swanson awr A. Farrell James M. Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: The subject easement was acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement and sewers installed during a recent sewer extension in King Drive in the Saranap area of Walnut Creek (as shown on Attachment 1). Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an easement from Morgan Capital Investment Properties, accepting Job 5399 public sewer improvements constructed within the easement, and authorizing recording of the resolution with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Mullin \2007 \5399 PP Morgan Capital 3- 1- 07.doc s s •1 f 1 A O SITE t ICE BLY I �O 1 N� �ooP ti LOCATION MAP N. T. S. KING DR N 238 -012 -0 Morgan Capital --stment ProlDeri OAK BRANCH WAY ♦ ��� Central Contra Costa Attachment Sanitary District ACCEPT EASEMENT JOB 5399 - PARCEL 3 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 3.f. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM MORGAN CAPITAL INVESTMENT PROPERTIES, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION (JOB 5399 - PARCEL 4; KING DRIVE, WALNUT CREEK AREA) Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: v M. Mullin J. Miyamoto -Mills C. Swanson roA_ A. Farrell Iiiarnes M. Kelly eneral Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: The subject easement was acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement and sewers installed during a recent sewer extension in King Drive in the Saranap area of Walnut Creek (as shown on Attachment 1). Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an easement from Morgan Capital Investment Properties, accepting Job 5399 public sewer improvements constructed within the easement, and authorizing recording of the resolution with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Mullin\2007 \5399 PP Morgan Capital Parcel 4 3- 1- 07.doc F 0 SITE TICE BLY PO \ N v9 12 i`0 co ge x co c LOCATION MAP N. T. S. KING DRS OAK BRANCH WAY `♦ LEGEND: --E) EXISTING SEWER _..e— NEW SEWER EASEMENT AREA Central CACCEPT EASEMENT Sanitary District strict costa 479 0 k JOB 5399 - PARCEL 4 APN 238 - 012 -001 Morgan Capital Investment Properties Attachment 0 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 3.9. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM M. JOAN STEWART, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION (JOB 5399 - PARCEL 5; KING DRIVE, WALNUT CREEK AREA) Submitted By: Initiating Dept /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: AA�A Y'/ Y'Yif V-- &L - I. Mullin J. Miyamoto -Mills C. Swanson -Q�� - A. Farrell VJames M. Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: The subject easement was acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement and sewers installed during a recent sewer extension in King Drive in the Saranap area of Walnut Creek (as shown on Attachment 1). Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an easement from M. Joan Stewart, accepting Job 5399 public sewer improvements constructed within the easement, and authorizing recording of the resolution with the Contra Costa County Recorder. NAENVRSEC \Position Papers \Mullin\2007 \5399 PP Stewart 3- 1- 07.doc 0 SITE riCE BLY PQ NN [p �o0'P } q� Q CO LOCATION MAP APN 238 - 012 -004 N. T. S. Stewart KZ DR 1 I I OAK BRANCH WAY JN Central Contra Costa ACCEPT EASEMENT Attachment Sanitary District AFTC1 JOB 5399 - PARCEL 5 � Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 3.h. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM RANDY L. BAUDER AND MARY SUSAN BAUDER, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION (JOB 5399 - PARCEL 6; KING DRIVE, WALNUT CREEK AREA) Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: /q/4k M. Mullin yJ-1/ J. Miyamoto -Mills w/ t-ev_ Ow C. Swanson A. Farrell Q_I!( James M. Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: The subject easement was acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement and sewers installed during a recent sewer extension in King Drive in the Saranap area of Walnut Creek (as shown on Attachment 1). Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an easement from Randy and Mary Susan Bauder, accepting Job 5399 public sewer improvements constructed within the easement, and authorizing recording of the resolution with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Mullin \2007 \5399 PP Bauder 3- 1- 07.doc Z f 7� O SITE iICE BLY Central Contra Costa Sanitary District ACCEPT EASEMENT ' JOB 5399 - PARCEL 6 N Attachment 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 3.i. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM DEANNE VANDERKOUS, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION (JOB 5409 - PARCEL 1 SPRINGHILL ROAD, LAFAYETTE AREA) Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: V'V44 M. ullin J. Miyamoto -Mills C. Swanson A. Farrell ames M. Kelly Ueneral Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: The subject easement was acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement and sewers installed during a recent sewer extension in Springhill Road in the City of Lafayette (as shown on Attachment 1). Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an easement from Deanne Vanderkous, accepting Job 5409 public sewer improvements constructed within the easement, and authorizing recording of the resolution with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Mullin \2007 \5409 PP Vanderkous 3- 1- 07.doc .` 231 - 070 -030 Vanderkous LEGEND: --e EXISTING SEWER —.o- NEW SEWER dM EASEMENT AREA Central Contra Costa Sanitary District i �Q v (� Vl� iv GEARY RD SPRING14, RD S�TF LAFAYET \ LOCATION MAP N. T. S. SRO � ACCEPT EASEMENT JOB 5409 - PARCEL 1 i `\ Attachment 0 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 3.i. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM LI TA LIN, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION (JOB 5409 - PARCELS 2A AND 2B, SPRINGHILL ROAD, LAFAYETTE AREA) Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: ev 2A - WI/ 'v K4. Mullin J. amoto -Mills C. Swanson 6w�-� A. Farrell ames M. Kelly eneral Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: The subject easements were acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept easements and sewers installed during a recent sewer extension in Springhill Road in the City of Lafayette (as shown on.Attachment 1). Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting easements from Li Ta Lin, accepting Job 5409 public sewer improvements constructed within the easement, and authorizing recording of the resolution with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Mullin\2007 \PP 5409 Lin 3- 1- 07.doc LAFAYETTE i J z w� GEARY RD LIN 231 - 070 -010 N LOCATION MAP N. T. S. N. LEGEND: ` —.e— EXISTING SEWER I \_ NEW SEWER N EASEMENT AREA i Central Contra Costa ACCEPT EASEMENTS Attachment Sanitary District strict JOB 5409 - PARCELS 2A & 2B � '07ft(Ij Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 3.k. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM MICHAEL FISCHMAN, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION (JOB 5409 - PARCEL 3, SPRINGHILL ROAD, LAFAYETTE AREA) Submitted By: Initiating Dept /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: V 1/foy 01&— M. Mullin J. Miyamoto -Mills C. Swanson A. Farrell /James M. Kelly eneral Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: The subject easement was acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement and sewers installed during a recent sewer extension in Springhill Road in the City of Lafayette (as shown on Attachment 1). Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an easement from Michael L. Fischman, accepting Job 5409 public sewer improvements constructed within the easement, and authorizing recording of the resolution with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Mullin\2007 \5409 PP Fischman 3- 1- 07.doc LAFAYETTE z% w� GEARY RD N LOCATION MAP N. T. S. LEGEND: -e- EXISTING SEWER —.o- NEW SEWER EASEMENT AREA Central Contra Costa Sanitary District / N- �[ ACCEPT EASEMENT JOB 5409 - PARCEL 3 i Attachment i Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 3.1. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM EAST BAY REGIONAL PARK DISTRICT, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION (JOB 5409 — PARCELS 5 AND 6, SPRINGHILL ROAD, LAFAYETTE AREA) Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: )� V 14" ullin J. Miyamoto -Mills 1C. Swanson Xk- A. Farrell mes M. Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: The subject easements were acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept easements and sewers installed during a recent sewer extension in Springhill Road in the City of Lafayette (as shown on Attachment 1). Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting easements from East Bay Regional Park District, accepting Job 5409 public sewer improvements constructed within the easement, and authorizing recording of the resolution with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers\M u Ili n\2007\5409 PP East Bay Reg Park Dist 3- 1- 07.doc 231 - 080 -012 LEGEND: ..-E— EXISTING SEWER NEW SEWER EASEMENT AREA Central Contra Costa Sanitary District I, .R LAFAYETTE z w� GEARY RD -s', \7r�, ^`Q N LOCATION MAP N. T. S. EAST BAY REGIONAL PARK DISTRICT i ACCEPT EASEMENT Attachment JOB 5409 - PARCEL 5 1 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 3.m. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION Subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM ERNIE AND JEANNE GABIATI, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION (JOB 5409 — PARCEL 8, SPRINGHILL ROAD, LAFAYETTE AREA) Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: yqv �1 I'& Ow qp'A� M. Mullin J. Miyamoto -Mills . Swanson A. Farrell mes M. Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: The subject easement was acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement and sewers installed during a recent sewer extension in Springhill Road in the City of Lafayette (as shown on Attachment 1). Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an easement from Ernie and Jeanne Gabiati, accepting Job 5409 public sewer improvements constructed within the easement, and authorizing recording of the resolution with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Mullin\2007 \5409 PP Gabiati 3- 1- 07.doc LEGEND: -- PRIVATE ROAD EASEMENT --e- EXISTING SEWER -Q- NEW SEWER QW EASEMENTAREA Central Contra Costa Sanitary District LAFAYETTE �? z1 j � GGARY RD � `Q 0 LOCATION MAP N. T. S. 3p py r� r 4 GABIATI / 365- 230 -008 I 1 / / ACCEPT EASEMENT JOB 5409 - PARCEL 8 I Attachment i Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 3.n. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM THE SAN FRANCISCO BAY GIRL SCOUT COUNCIL, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION (JOB 5409 — PARCEL 9, SPRINGHILL ROAD, LAFAYETTE AREA) Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: AAA M. Mullin J. Miyamoto -Mills C. Swanson A. Farrell Omes M. Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: The subject easement was acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement and sewers installed during a recent sewer extension from Springhill Road in the City of Lafayette (as shown on Attachment 1). Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an easement from the San Francisco Bay Girl Scout Council, accepting Job 5409 public sewer improvements constructed within the easement, and authorizing recording of the resolution with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Mullin\2007 \5409 PP Girl Scout Council 3- 1- 07.doc EAST BAY REGIONAL PARK DISTRICT SAN FRANCISCO BAY GIRL SCOUT COUNCIL APN 365- 230 -034 LEGEND: -- PRIVATE ROAD EASEMENT -Q- EXISTING SEWER -Q- NEW SEWER EASEMENT AREA Central Contra Costa Sanitary District I. TO: SPRINGHILL RD LAFAYETTE z w� d GEARY RD N LOCATION MAP N. T. S. ACCEPT EASEMENT JOB 5409 - PARCEL 9 Avkk, - J Attachment 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 3.o. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM CASTLEROCK, L.P., FOR EASEMENTS SHOWN ON THE RECORDED FINAL MAP OF MINOR SUBDIVISION 801 -00 IN THE CITY OF WALNUT CREEK, ACCEPTING JOB 5531 PUBLIC SEWER IMPROVEMENTS AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER Submitted By: Initiating Dept. /Div.: Molly Mullin Engineering /Environmental Services Engineering Assistant III REVIEWED AND RECOMMENDED FOR BOARD ACTION: V-P 2 kv &---- M. Mullin J. Miyamoto -Mills T. --Swanson A. Farrell Pmes M. Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: The subject easements were acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept easements shown on the recorded final map of M.S. 801 -00 that are required for a recent public sewer extension off the Contra Costa Canal at Oak Grove Road in Walnut Creek (as shown on Attachment 1). Staff has reviewed the final subdivision map, inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an offer of dedication from Castlerock, L.P. for easements shown on the recorded final map of M.S. 801 -00 in Walnut Creek, accepting Job 5531 public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. NAENVRSEC \Position Papers \Mullin\2007 \5531 PP Castlerock 3- 1- 07.doc {✓0 �a L� SITE H �aN WALN T CREEK LOCATION MAP N. T. S. O� SUB NEW A.R.F. SITE MS 801 - LEGEND: -- - —�— EXISTING SEWER —�}- NEW SEWER N EASEMENT AREA Central Contra Costa Sanitary District ACCEPT EASEMENTS Attachment IINAMAINII,Iih.� JOB 5531 - PARCEL 1 1 I I Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 3.D. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION Subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION AND JOB 5748 PUBLIC SEWER IMPROVEMENTS FROM WINDEMERE BLC LAND COMPANY, LLC FOR AN EASEMENT SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION 8509 IN THE DOUGHERTY VALLEY, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER Submitted By: Initiating Dept. /Div Molly Mullin Engineering /Environmental Services Division Engineering Assistant III REVIEWED AND RECOMMENDED FOR BOARD ACTION: 41A &-- III M. Mullin J. Miyamoto -Mills C. Swanson A. Farrell JaYnes M. Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: The subject easements were acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement shown on the recorded final map of Subdivision 8509 that is required for a recent public sewer extension off East Branch Parkway in the Dougherty Valley in the San Ramon area (as shown on Attachment 1). Staff has review the final subdivision map, inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an offer of dedication from Windemere BLC Land Company, LLC, for an easement shown on the recorded final map of Subdivision 8509 in the San Ramon area, accepting Job 5748 public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. NAENVRSEMPosition Papers \Mullin\2007 \5748 PP Windemere 3- 1- 07.doc DANVILLE SAN RAMON RD 'y-- SITE J N LOCATION MAP N. T. S. .--�— EXISTING SEWER NEW SEWER SUBDIVISION BOUNDARY OEM EASEMENT AREA Central Contra Costa Sanitary District ACCEPT EASEMENT JOB 5748 - PARCEL 3 Attachment I� Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 3.q. CONSENT CALENDAR Type of Action: ACCEPT CONTRACT WORK/AUTHORIZE FILING OF THE NOTICE OF COMPLETION subject: ACCEPT THE CONTRACT WORK FOR THE 2006 CURED -IN -PLACE PIPE, DISTRICT PROJECT NOS. 5956, 5957, AND 5959, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating Dept/Div.: Tom Godsey, Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: c9t h,�r- Godsey A. Antkowiak T. i A. Farrell James M. Kelly, General Manager ISSUE: Construction has been completed on the 2006 Cured -In -Place Pipe (CIPP), District Project Nos. 5956, 5957, and 5959, and the work is now ready for acceptance. RECOMMENDATION: Accept the contract work for the 2006 Cured -In -Place Pipe, and authorize filing of the Notice of Completion. FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: Not applicable. Filing the Notice of Completion is advisable under the California Civil Code, Section 3093. BACKGROUND: In 2001, a District project investigated large and medium diameter reinforced concrete pipe (RCP) using closed circuit televising to determine the levels of corrosion that existed. In several reaches of pipe, it was clear that some remedial action must be taken, the first of which was an immediate emergency repair of about 50 feet of RCP on Camino Pablo in Orinda. The remaining televised segments were ranked according to corrosion severity; the heavily corroded were scheduled for rehabilitation. The first of the heavily corroded segments to be rehabilitated took place in 2003 and 2005 when about 9,500 feet of segmental slipliner was installed in Contra Costa Boulevard. The 2006 CIPP project rehabilitated the remaining heavily corroded RCP segments identified in the 2001 study by installing approximately 21,000 linear feet of CIPP in existing 21 -inch to 36 -inch wastewater lines. The project consisted of three sites: (1) the M3 line along Waterbird Way in Martinez; (2) Saint Mary's College and along the Lafayette - Moraga Regional Trail in Moraga; and (3) Minert Road and Arkell Road in Walnut Creek. NAPESUP \Cbradley \Position Papers \Godsey \5957 - CIPP Acceptance.doc Page 1 of 2 POSITION PAPER Board Meeting Date: March 1, 2007 subject: ACCEPT THE CONTRACT WORK FOR THE 2006 CURED -IN -PLACE PIPE, DISTRICT PROJECT NOS. 5956, 5957, AND 5959, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION On May 18, 2006, the Board of Directors authorized the award of a contract for the construction of the project to Insituform Technologies, Inc. The Notice to Proceed was issued on July 5, 2006. The work was substantially completed on February 12, 2007. The remaining items of work consist of minor punch -list items, which do not affect the project acceptance. The total authorized budget for these projects is $6,275,000. The budget includes the cost of engineering design, construction management and inspection, testing services, and contractor services. An accounting of the project costs will be provided to the Board at the time of project closeout. It is appropriate to accept the contract work at this time. RECOMMENDED BOARD ACTION: Accept the contract work for the 2006 Cured -In -Place Pipe, District Project Nos. 5956, 5957, and 5959, and authorize filing of the Notice of Completion. N:\PESUP\Cbradley \Position Papers \Godsey \5957 - CIPP Acceptance.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 3.r. CONSENT CALENDAR Type of Action: APPROVE PAY INCREASE subject: REQUEST APPROVAL OF REGISTRATION DIFFERENTIAL SALARY MERIT INCREASE FOR ACCOUNTANT THEA VASSALLO Submitted By: Debbie Ratcliff, Controller Initiating Dept. /Div.: Administrative /Accounting REVIEWED AND RECOMMENDED FOR BOARD ACTION: D. Rat C. Freitas graves mes M. Kelly, G neral Manager ISSUE: A registration differential salary merit increase requires approval of the Board of Directors. RECOMMENDATION: Grant Accountant Thea Vassallo a 5% increase for registration differential effective February 13, 2007. FINANCIAL IMPACTS: 5% of current pay ($324 /month); equivalent to one merit step. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: Thea Vassallo is an Accountant in the Finance and Accounting Division of the Administrative Department. This classification does not require her to hold a Certified Management Accountant (CMA) registration. The Memorandum of Understanding (M.O.U.) between the Central Contra Costa Sanitary District and the Employees' Association, Public Employees Union, Local One in states in Article IV, Section 1. 11, Registration Differential, "The Central Contra Costa Sanitary District shall grant salary merit increases to regular employees who achieve registration or license as Professional Engineer, Land Surveyor, or Certified Public Accountant while employed by the District in a position not requiring such registration or license. Such merit increase shall be subject to the employee's demonstration of ability to assist in the accomplishment of District activities requiring a level of skills and importance normally expected from a person with such certification. The salary merit increase shall be in the amount of a one step increase of the employee's basic salary." On April 12, 2005, the term "Certified Management Accountant" was added to the M.O.U. in Article IV, Section 1.11. (See attached documentation.) Thea is also a Certified Public Accountant, but earned this designation before she was employed with the District. She routinely produces high quality work products such as completing the annual Comprehensive Annual Financial Report (CAFR). RECOMMENDED BOARD ACTION: Grant Thea Vassallo a 5% salary increase effective February 13, 2007 for registration differential provided for in the M.O.U. N:\ADMINSUP\ADMIN \POSPAPER \Salary Merit Increase - Vassallo.doc 1 Central Contra Costa Sanitary District 5019 Imhoff Place, Martinez, Ca 94553 (925) 228-9500 - www.centralsan.ot" April 12, 2005 Mr. Adyn Erdman Senior Business Agent Public Employees' Union, Local One P. O. Box 6783 Concord, CA 94524-1783 Dear Arlyn: FAX: (925) 676 -7211 CHARLES w. BAnS Genera! MwwVr KENMNL ALM Ctnwsef for the Dinrkt (510 ) 808 -2000 EL41MEK BOEMWE Serretaty of the Dlstria As we discussed at our meeting today, the District proposes to add the term "Certified Management Accountant" to the Memorandum of Understanding between the parties, dated July 8, 2003, Article IV, Section 1.11, Registration Differential. Accordingly, the section will read (strike -outs denote deletions and bold indicates additions): "The Central Contra Costa Sanitary District shall grant salary merit increases to regular employees who achieve registration differential or license as Professional Engineer, Land Surveyor, of Certified Public Accountant or Certified Management Accountant while employed by the District in a position not requiring such registration or license." If you desire to reject this proposed modification, please notify me in writing no later than April 26, 2005. Thank you for your consideration. Sincerely, Cathryn R. Freitas Human Resources Manager cc: C. Batts C. Curtis -Brown R. Musgraves D. Ratcliff D. Rolley 000cuments and SettingfthitasNy Documentslana Kr to union 412-05.doc ® R-tded Paper Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 3.s. CONSENT CALENDAR Type of Action: HUMAN RESOURCES subject: AUTHORIZE MEDICAL LEAVE OF ABSENCE WITHOUT PAY FOR STEVE CAVIN, HOUSEHOLD HAZARDOUS WASTE TECHNICIAN II Submitted By: Initiating Dept. /Div.: Curtis W. Swanson, Division Manager Engineering /Environmental Services Division REVIEWED AND RECOMMENDED FOR BOARD ACTION: .•1j C. Swanson arr C. Freitas ms M. Kelly ral Manager ISSUE: The Board of Directors' authorization is required for leave without pay in excess of 30 days. RECOMMENDATION: Authorize medical leave of absence without pay for Steve Cavin, Household Hazardous Waste Technician II, through resolution of his worker's compensation claim. FINANCIAL IMPACTS: Minimal. ALTERNATIVES /CONSIDERATIONS: Not approve the medical leave of absence without pay. BACKGROUND: Steve Cavin, Household Hazardous Waste Technician II, was granted an extended leave of absence without pay through March 1, 2007 due to an on- going medical condition. Staff recommends a continuation of his leave of absence until his medical issues are resolved through the worker's compensation process. Since this request exceeds the 30 working days that the Department Director and General Manager may approve, Board of Directors authorization is required. RECOMMENDED BOARD ACTION: Authorize medical leave of absence without pay for Steve Cavin, Household Hazardous Waste Technician II, through resolution of his worker's compensation claim. M ENVRSEMPosition Papers \Swanson \2007 \Gavin LOA 3- 1- 07.DOC 4.a. HEARINGS HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PUBLIC EASEMENTS FOR SANITARY SEWER AND TEMPORARY CONSTRUCTION ACCESS PURPOSES AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR DISTRICT PROJECT 5868, NORTH ORINDA SEWER RENOVATIONS PHASE 2.1 SUGGESTED AGENDA March 1, 2007 Request Staff Report II. Hearing A. Open Hearing B. Receive comments from affected property owners: Bess C. Greenlaw (APN 266- 150 -024) 2. Paul M. Scanlan and Patricia E. Striglos (APN 266- 160 -011) 3. Donald J. Davis and Marilynn J. Davis (APN 266- 160 -028 4. June A. Nicolet (APN 266- 170 -016) 5. Mark Presten and Janice Presten (APN 266- 170 -017) 6. William E. Kolmodin and Nancy M. Kolmodin (APN 266- 170 -030 C. Close Hearing. III. Discussion IV. Recommended Actions: A. Consider adopting the proposed Resolution of Necessity authorizing the acquisition of easements for sanitary sewer and temporary construction access purposes by eminent domain for District Project 5968 - North Orinda Sewer Renovations Phase 2.1, filing of the eminent domain action, deposit of the amount of probable compensation, and the application for Orders of Possession. Note: 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 a Resolution of Necessity. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 4.a. HEARINGS Type of Action: CONDUCT HEARING; ADOPT RESOLUTION subject: CONDUCT A HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PUBLIC EASEMENTS FOR SANITARY SEWER AND ACCESS PURPOSES AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR DISTRICT PROJECT 5868, NORTH ORINDA SEWER RENOVATIONS PHASE 2.1 Submitted By: Initiating Dept. /Div.: Jarred Miyamoto -Mills Engineering /Environmental Services Principal Engineer REVIEWED AND RECOMMENDED FOR BOARD ACTION: �1 v .11 - Ak t J. Miyamoto -Mils C. Swanson A. Farrell Kent Alm ames M. Kelly General Manager 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 owners of the affected property are given an opportunity to appear and be heard. As required by the above statute, written notice of this hearing was mailed to the owners of record of all affected properties. A map showing the affected properties is presented as Attachment 1, and a list of the properties is presented in Attachment 2. 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 Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for the North Orinda Sewer Renovations Phase 2.1 project. A copy of the proposed Resolution is presented as Attachment 3. After concluding the hearing and considering all evidence presented, staff recommends that the Board adopt the proposed Resolution of Necessity authorizing the acquisition of the easements 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 project budget. 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. N: \ENVRSEC \Position Papers \Miyamoto- Mills\2007 \5868 PP Hearing for Res of Necessity for No Orinda 2 3- 1- 07.doc Page 1 of 3 POSITION PAPER Board Meeting Date: March 1, 2007 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 DISTRICT PROJECT 5868, NORTH ORINDA SEWER RENOVATIONS PHASE 2.1 ALTERNATIVES /CONSIDERATIONS: The Board could decline 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 alternative for the project. If the Board does not act at this time, acquisition of the needed right -of -way and the construction will be delayed. BACKGROUND: The District sanitary sewers in the Van Tassel Lane, Tarry Lane, Snowberry Lane, Katrina Court and Crane Court area of Orinda, California are identified for replacement and renovation in District Project 5968 - North Orinda Sewer Renovation Phase 2.1 due to the occurrence of overflows from these sewers into the watershed of East Bay Municipal Utility District's San Pablo Drinking Water Reservoir, the age, physical condition, degree of root intrusion and need for frequent maintenance of the sewers. The historical frequency of overflow for the sewers to be renovated is approximately 80 overflows per mile of sewer per year, compared with the District's performance standard of six (6) overflows per mile of sewer per year, demonstrating the necessity of the project. Previous staff reports to the Board have explained the necessity of the project to rehabilitate the deteriorating sewers in the project area to minimize the frequency for maintenance access to these backyard sewers. Staff has been negotiating with property owners in the area to acquire easements for the project since April 2006. The easements needed are through down - sloping backyards rimming a creek as shown on the attached map (Attachment 1). Of the 23 properties where easements are needed, staff has obtained easements over 17 of the properties, leaving six properties where negotiations with owners are ongoing. Although negotiations are continuing with the property owners, staff considers it appropriate to proceed with eminent domain proceedings at this time to ensure that the easements needed for this construction project are acquired in time for construction this summer. Construction must take place during the dry season because of the required work in the creek bank area. The project is scheduled for bid in June 2007. The sewers in the Phase 2.1 project were excluded from the 2006 North Orinda Sewer Renovation Project because of delays in right -of -way acquisition. The offers required pursuant to Government Code Section 7267 were made to all owners of record of affected properties by letter mailed on January 29, 2007. The written notices of this hearing required pursuant to Code of Civil Procedure Section N: \ENVRSRV\Admin \Miyamoto -Mills \Real Property \Eminent Domain \RoN Hearing \PP Hearing for Res of Necessity for No Orinda 2 3- 1- 07.doc Page 2 of 4 POSITION PAPER Board Meeting Date: March 1, 2007 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 DISTRICT PROJECT 5868, NORTH ORINDA SEWER RENOVATIONS PHASE 2.1 1245.235 were mailed to all owners of record of affected properties by letters mailed on February 13 and 14, 2007. At its October 20, 2005 meeting, the Board independently found that this project is exempt from the California Environmental quality Act (CEQA), and a Notice of Exemption was filled with the Contra Costa County Clerk on November 1, 2005 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 and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for the North Orinda Sewer Renovations Phase 2.1. The following issues must be addressed in the hearing: 1. Whether the public interest and necessity require the proposed project (District Project 5968 - North Orinda Sewer Renovations Phase 2.1). 2. Whether the proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. 3. Whether the easements sought to be acquired by eminent domain and described in Exhibit "1 -A" through Exhibit "6 -C" of the proposed Resolution of Necessity (Attachment 3) are necessary for the project. 4. Whether offers in the form suggested by section 7267 of the California Government Code, together with accompanying summaries of the basis for the amount established as just compensation, were made to the owners of record for each affected property, which offers and accompanying summaries were in a form and contained all of the factual disclosures listed in Government Code section 7267.2 (b). 5. Whether the District has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain ( "the right to take ") to acquire the property described in Exhibit "1 -A" through Exhibit "6- C" of the proposed Resolution of Necessity (Attachment 3), as well as any other matters regarding the right to take the easements by eminent domain. N: \ENVRSRV\Hdmin \Miyamoto -Mills \Real Property \Eminent Domain \RoN Hearing \PP Hearing for Res of Necessity for No Orinda 2 3- 1- 07.doc Page 3 of 4 POSITION PAPER Board Meeting Date: March 1, 2007 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 DISTRICT PROJECT 5868, NORTH ORINDA SEWER RENOVATIONS PHASE 2.1 6. Whether the District has the statutory authority to acquire easements by eminent domain in accordance with California Health and Safety Code sections 6512 and 6514. After concluding the hearing and considering all evidence presented, adopt the proposed Resolution of Necessity authorizing the acquisition of easements for sanitary sewer and temporary construction access purposes by eminent domain, filing of the eminent domain action, deposit of the amount of probable compensation, and the application for Orders 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 a Resolution of Necessity. N: \ENVRSRV\Admin \Miyamoto -Mills \Real Property \Eminent Domain \RoN Hearing \PP Hearing for Res of Necessity for No Orinda 2 3- 1- 07.doc Page 4 of 4 VAN TASSEL w -e° EK Z IN �,- Q� p� NNNEA SITE O IN D A N.T.S. M Attachment 2 AFFECTED PROPERTIES 21 Snowberry Lane, Orinda APN 266- 150 -024 2. 10 Katrina Court, Orinda APN 266- 160 -011 3. 6 Crane Court, Orinda APN 266- 160 -028 4. 76 Tarry Lane, Orinda APN 266- 170 -016 5. 80 Tarry Lane, Orinda APN 266- 170 -017 6. 84 Tarry Lane, Orinda APN 266- 170 -030 N: \ENVRSRV\Admin \Miyamoto -Mills \Real Property\Eminent Domain \RoN Hearing \PP Attach #2 - 5868 3- 1- 07.doc Attachment 3 RESOLUTION NO. A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PUBLIC EASEMENTS FOR SANITARY SEWER AND TEMPORARY CONSTRUCTION ACCESS PURPOSES AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR DISTRICT PROJECT 5968 - NORTH ORINDA SEWER RENOVATIONS PHASE 2.1 WHEREAS, the Central Contra Costa Sanitary District ( "District ") owns, operates and maintains sanitary sewer facilities providing wastewater utility service to properties within its boundaries to protect the public health and the environment pursuant to the laws of the United States and the State of California; and WHEREAS, providing adequate, reliable, responsible and prudent wastewater utility service requires replacement or renovation of such sanitary sewer facilities when routine maintenance of the facilities cannot sustain their continued use without an unacceptable risk of blockage and overflow in violation of Federal and State law; and WHEREAS, those District sanitary sewers in the Van Tassel Lane, Tarry Lane, Snowberry Lane, Katrina Court and Crane Court area of Orinda, California are identified for replacement and renovation in District Project 5968 - North Orinda Sewer Renovation Phase 2.1 ( "Project ") due to the occurrence of at least twelve overflows of sewage from these sewers over the past 20 years into the watershed of East Bay Municipal Utility District's San Pablo Drinking Water Reservoir, the age, physical condition, degree of root intrusion and requirements for frequent maintenance of the sewers; and WHEREAS, the public interest and necessity of the Project is evident from the frequency of occurrence of sewage overflow for sewers proposed for renovation in the Project: approximately 80 overflows per mile of sewer per year, compared with the District's performance standard of six (6) overflows per mile of sewer per year, which is suggested, in part, by standards proposed by state and federal regulators; and WHEREAS, the District has identified the necessity to acquire new permanent sanitary sewer easements and temporary construction easements, and to quitclaim existing easements to property owners for said Project to allow replacement of the existing deteriorated sanitary sewers along somewhat different routes so as to minimize impacts on existing trees and property improvements, and in the manner compatible with the greatest public good and the least private injury, which permanent sanitary sewer easements, temporary construction easements and easements intended to be quitclaimed to property owners are described in Exhibit "1 -A" through Exhibit "6 -C" attached hereto and by this reference made a part hereof; and A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 2 WHEREAS, offers in the form suggested by section 7267 of the California Government Code, together with accompanying summaries of the basis for the amount established as just compensation, were made to the owners of record for each affected property certified letter mailed on January 29, 2007, which offers and accompanying summaries were in a form and contained all of the factual disclosures listed in Government Code section 7267.2 (b). Proof of Service for said notices is attached hereto as Exhibit "7", and is by this reference made a part hereof; and WHEREAS, pursuant to the provisions of California Code of Civil Procedure Section 1245.235, on February 13, 2007 (for all parcels except for APN 266- 170 -030), and February 14, 2007 (for APN 266- 170 -030), the District mailed written notice that the Board of Directors would conduct a Hearing to consider adoption of a Resolution of Necessity to acquire the easements described in Exhibit "1 -A" through Exhibit "6 -C" by eminent domain ( "Notice of Hearing ") to all persons whose names appear on the last equalized Contra Costa County Assessment Roll as having an interest in the properties described in Exhibit "1 -A" through Exhibit "6 -C" at the addresses appearing on said Roll, advising said persons of their right to be heard on the matters referred to therein on March 1, 2007 at 2:00 p.m., or as soon thereafter as the matter may be heard, in the District Board of Directors Meeting Room, 5019 Imhoff Place, Martinez, California. Proof of Service for said notices are attached hereto as Exhibit "8" and Exhibit "9 ", and are by this reference made a part hereof; and WHEREAS, at its October 20, 2005 meeting, the District Board of Directors independently found that the North Orinda Sewer Renovation Phase 2 Project, which project includes the renovation of the sanitary sewers identified for replacement and renovation in District Project 5968, is exempt from the California Environment Quality Act under District CEQA Guidelines, Section 15301, since it involves only alterations of existing facilities with negligible or no expansion of capacity; and a Notice of Exemption was filed in the office of the Contra Costa County Clerk on November 1, 2005, said notice is attached hereto as Exhibit "10 ", and by this reference is made a part hereof; and WHEREAS, the District is authorized to acquire the new permanent and temporary construction easements described in said Exhibits "1 -A" through Exhibit "6 -C" hereof and exercise the power of eminent domain for the public use set forth herein in accordance with Article 1 Section 19 of the California Constitution and eminent domain laws, Code of Civil Procedures Section 1230.010, et seq., and pursuant to California Health and Safety Code Sections 6512 and 6514; and WHEREAS, the Hearing was conducted by the Board of Directors on March 1, 2007, in the District Board of Directors Meeting Room, 5019 Imhoff Place, Martinez, A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 3 California; and all interested parties were given an opportunity to be heard; and thereupon, the Hearing was closed; and WHEREAS, all oral and documentary evidence has been duly considered. NOW, THEREFORE, based upon the evidence presented, the Board of Directors of the Central Contra Costa Sanitary District does FIND, DETERMINE AND RESOLVE as follows: 1. The public interest and necessity require the proposed project (District Project 5968 - North Orinda Sewer Renovations Phase 2.1). 2. The proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The easements described in Exhibit "1 -A" through Exhibit "6 -C" hereto, and listed below are necessary for the proposed project: A. One (1) permanent sanitary sewer easement, one (1) temporary construction easement and one (1) easement to be quitclaimed to the property owner on Contra Costa County Assessor's Parcel No. 266- 150 -024 (Greenlaw: Exhibit "1 -A" through Exhibit "1 -C "); B. One (1) permanent easement and one (1) easement to be quitclaimed to the property owner on Contra Costa County Assessor's Parcel No. 266- 160 -011 (Scanlan / Striglos: Exhibit "2 -A and Exhibit "2 -13"); C. One (1) permanent easement, one (1) temporary construction easement and one (1) easement to be quitclaimed to the property owner on Contra Costa County Assessor's Parcel No. 266- 160 -028 (Davis: Exhibit "3 -A" through Exhibit "3 -C "); D. One (1) permanent easement and one (1) easement to be quitclaimed to the property owner on Contra Costa County Assessor's Parcel No. 266- 170 -016 (Nicolet: Exhibit "4 -A" and Exhibit "4 -13"); E. One (1) permanent easement, one (1) temporary construction easement and one (1) easement to be quitclaimed to the property owner on Contra Costa County Assessor's Parcel No. 266- 170 -017 (Presten: Exhibit "5 -A" through Exhibit "5 -C "); A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 4 F. One (1) permanent easement, one (1) temporary construction easement and one (1) easement to be quitclaimed on Contra Costa County Assessor's Parcel No. 266- 170 -030 (Kolmodin: Exhibit "6 -A" through Exhibit "6 -C "); 4. Offers in the form suggested by section 7267 of the California Government Code, together with accompanying summaries of the basis for the amount established as just compensation, were made to the owners of record for each affected property, which offers and accompanying summaries were in a form and contained all of the factual disclosures listed in Government Code section 7267.2 (b). 5. The District has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain ( "the right to take ") to acquire the property described herein. 6. The District has the statutory authority to acquire easements by eminent domain in accordance with California Health and Safety Code sections 6512 and 6514. BE IT FURTHER RESOLVED THAT: The firm of Wendel Rosen Black and Dean LLP is hereby authorized, directed, and empowered: 1. To acquire in the name of the District, by condemnation, the property (easements) described in Exhibit "1 -A" through Exhibit "6 -C" in accordance with the provisions of the California Eminent Domain Law and the Constitution of California. 2. To prepare or have prepared and to prosecute or retain counsel to prosecute in the name of the District such proceedings in the proper court as are necessary for such acquisition. 3. To deposit the probable amount of compensation, based on an appraisal, and to apply to said court for an order permitting the District to take immediate possession and use of said easements for said public uses and purposes. A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 5 PASSED AND ADOPTED this 1st day of March 2007, by the District Board of Directors by the following vote: AYES: NOES: ABSENT: President of the Board of Directors of the Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Counsel for the District A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 1 of 4 Pages EXHIBIT "1 -A ": LEGAL DESCRIPTION OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR SANITARY SEWER PURPOSES, AND QUITCLAIM OF EXISTING EASEMENT - GREENLAW PROPERTY: 21 SNOWBERRY LANE, ORINDA, CALIFORNIA (APN 266- 150 -024) Permanent Sanitary Sewer Easement: DP 5968 - Parcel 10 An exclusive subsurface easement in gross and a nonexclusive surface easement in gross in favor of the Central Contra Costa Sanitary District, a special district established pursuant to the laws of the State of California ( "District ") including, but not limited to, the right to construct, reconstruct, renew, alter, operate, maintain, replace (with the initial or any other size) and repair such sewer line or lines as the District shall from time to time elect for conveying sewage, and all necessary maintenance access structures (manholes and rodding inlets), laterals and appurtenances thereto, together with the free right of reasonable ingress, egress and emergency access to said easement over and across the remaining portion of the underlying property, provided that said rights of ingress, egress and emergency access shall be limited to established roadways, pathways, avenues or other routes to the extent possible and as reasonably necessary for the proper use of said easements, and the right to clear obstructions, permanent structures, and vegetation from the easement as may reasonably be required for the proper use of said easements, over and within that certain real property in the city of Orinda, county of Contra Costa, state of California described as follows: A portion of Lots 35 and 36 as said lots are designated on the final subdivision map entitled "Sleepy Hollow, Unit No. 1, Contra Costa County, California ", filed on December 22, 1945, in Book 28 of Maps at Page 13 in the Office of the Contra Costa Count Recorder (78 M 28) said lots being the parcel of land described in the Grant Deed to Bess C. Greenlaw as Trustee of the Bess C. Greenlaw 1991 Trust recorded July 9, 1991 in Book 16720 of Official Records of said county at page 839 (16720 O.R. 839), more particularly described as follows: All that portion of said Lots 35 and 36 (78 M 28) lying within a 10 -foot wide strip of land the centerline of which is described as follows: Commencing at a found 2 inch iron pipe monument with tag LS #2305 having grid coordinates of (Y) 2159969.03 feet and (X) 6074291.05 feet, California Coordinate System of 1983 Zone 3, GPS Epoch 2002.00 (CCS 83 Zone 3, 2002.00), said iron pipe monument being located on the centerline of Van Tassel Lane at the northerly terminus of the course shown as north 230 00'00" west 375.00 feet upon the map entitled Sleepy Hollow Unit No.1 recorded December 22, 1945 in Book 28 of Maps at page 13 (28 M 13), A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 2 of 4 Pages Contra Costa County Records; thence south 800 16' 20" west 499.93 feet (south 790 14' 22" west 499.97 feet - calculated record 28 M 13) to a similar iron pipe monument having grid coordinates of (Y) 2159884.56 feet and (X) 6073798.31 feet (CCS 83 Zone 3, 2002.00), last said iron pipe monument being located on the centerline of Van Tassel Lane at the westerly terminus of the course shown upon said map (28 M 13) as north 880 30' 00" east 266.00 feet; thence from last said iron pipe monument south 550 42' 51" west 291.26 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING south 690 53' 14" east 63.49 feet to the beginning of a curve concave to the southwest having a radius of 250.00 feet; thence southeasterly along said curve through a central angle of 200 37' 19" a distance of 89.98 feet; thence south 490 15' 55" east 106.32 feet to the beginning of a curve concave to the southwest having a radius of 100.00 feet; thence southeasterly along said curve through a central angle of 150 58' 25" a distance of 27.88 feet; thence south 330 17' 30" east 113.74 feet to the beginning of a curve concave to the southwest having a radius of 250.00 feet; thence southeasterly along said curve through a central angle of 80 35' 11" a distance of 37.46 feet; thence south 240 42' 19" east 84.17 feet; thence south 11 ° 20' 54" west 53.87 feet to the beginning of a curve concave to the east having a radius of 100.00 feet; thence southerly along said curve through a central angle of 270 16' 53" a distance of 47.61 feet; thence south 150 55' 59" east 90.11 feet; thence south 270 58' 50" east 72.60 feet; thence south 830 30' 01" east 26.62 feet to the point of beginning of a non - tangent curve concave to the west having a radius of 264.98 feet, a radial line to said point of beginning bears north 480 22'43" east; thence southeasterly, southerly and southwesterly along said curve through a central angle of 630 55' 29" a distance of 295.64; thence south 220 53' 13" east 64.56 feet to the beginning of a curve concave to the northeast having a radius of 150.00 feet; thence southeasterly along said curve through a central angle of 450 21' 37" a distance of 118.75 feet; thence south 680 14' 49" east 29.95 feet; thence south 90 16' 18" east 55.47 feet to the beginning of a curve concave to the east having a radius of 150.00 feet; thence southerly along said curve through a central angle of 180 14' 38" a distance of 47.76 feet; thence south 270 30' 56" east 2.86 feet to the beginning of a curve concave to the west having a radius of 100.00 feet; thence southeasterly, southerly and southwesterly along said curve through a central angle of 610 44' 51" a distance of 107.77 feet; thence south 340 13' 55" west 6.05 feet; thence south 80 00' 03" west 241.29 feet; thence south 290 32' 02" east 175.77 feet to a point which bears north 570 55' 19" west 301.92 feet from a found railroad spike as shown upon the Corner Record filed with the County Surveyor of said county on April 10, 2002 in Book 64 of Corner Records at page 44 (64 C.R. 44) said railroad spike having grid coordinates of (Y) 2157914.87 feet and (X) 6074492.96 feet (CCS 83 Zone 3, 2002.00), from said railroad spike a 2 inch iron pipe monument with tag LS #2305 as shown upon said Corner Record (64 C.R. 44) bears south 60 32' 41" east 534.93 feet (south 70 34' 09" east 535.13 feet - calculated record 64 C.R. 44), said 2 inch iron pipe monument having grid coordinates of (Y) 2157383.43 feet and (X) 6074553.93 feet (CCS 83 Zone 3, 2002.00). A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 3 of 4 Pages Containing a total of 2912 square feet, more or less. Unless otherwise specified all bearings and distances shown herein are based on the California Coordinate System of 1983, Zone 3. Multiply grid distances shown herein by 1.0000945 to obtain ground distances. A plat entitled Exhibit "1 -B" that shows the above - described easement is attached hereto and by this reference is made a part hereof. Temporary Construction Easement: DP 5968 - Parcel 10 -TCE A Temporary Construction Easement in favor of the Central Contra Costa Sanitary District, a special district established pursuant to the laws of the State of California ( "District "), commencing on June 4, 2007, and terminating on December 4, 2007, including, but not limited to, the right to use said Temporary Construction Easement for all reasonable purposes connected with construction of the North Orinda Sewer Renovations Phase 2.1 Project (District Project 5968) including, but not limited to, the transport, use and operation of tools, machinery, materials and equipment by the District and its contractors and permitees, together with the right of ingress to and egress from said Temporary Construction Easement at all reasonable times, over and upon that certain real property in the city of Orinda, county of Contra Costa, state of California described as follows: A portion of Lot 36 as said lot is designated on the final subdivision map entitled "Sleepy Hollow, Unit No. 1, Contra Costa County, California ", filed on December 22, 1945, in Book 28 of Maps at Page 13 in the Office of the Contra Costa Count Recorder (78 M 28) said lot being a portion of the parcel of land described in the Grant Deed to Bess C. Greenlaw as Trustee of the Bess C. Greenlaw 1991 Trust recorded July 9, 1991 in Book 16720 of Official Records of said county at page 839 (16720 O.R. 839), more particularly described as follows: All that portion of said Lot 36 (78 M 28) lying within a 10 -foot wide strip of land, the southerly line of which lies parallel to and 2 feet northerly of (measured at right angles) and the northerly line lies parallel to and12 feet northerly of (measured at right angles) the line described as follows: BEGINNING at the most southwesterly corner of said Lot 36 (78 M 28), said point being common with the most northerly corner of Lot 37 as said lot is designated on the said final subdivision map entitled "Sleepy Hollow Unit No. 1, Contra Costa County" (78 M 28), and being a point on the southeasterly line of that certain public road known as A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 4 of 4 Pages "Snowberry Lane thence from said POINT OF BEGINNING continuing southeasterly along the line common to said Lot 36 and Lot 37, south 700 25' east approximately 155 feet to a point on the westerly line of the "Permanent Sanitary Sewer Easement: DP 5968 - Parcel 10" as said permanent easement is described herein above. The sidelines of said 10 -foot wide strip shall be lengthened or shortened as required for each sideline to terminate on said southeasterly line of "Snowberry Lane" and said westerly line of said "Permanent Sanitary Sewer Easement: DP 5968 - Parcel 10 ". Containing a total of 1,550 square feet, more or less. A plat entitled Exhibit "1 -C" that shows the above - described temporary construction easement is attached hereto and by this reference is made a part hereof. Quitclaim of Easement A quitclaim to Bess C. Greenlaw, as Trustee of the Bess C. Greenlaw 1991 Trust, a revocable living trust, of all rights, title, and interest the Central Contra Costa Sanitary District, a special district established pursuant to the laws of the State of California ( "District ") may have in the easements situated in the County of Contra Costa, State of California, described as follows: 1) All of that certain easement granted to the District on March 30, 1951, and recorded April 10, 1951 in Book 1745 at Page 135, Contra Costa County Records (1745 OR 135); and 2) All of that certain easement granted to the District on March 30, 1951, and recorded April 10, 1951 in Book 1745 at Page 137, Contra Costa County Records (1745 OR 137); and The two easements taken together containing a total of 1,474 square feet, more or less. EXHIBIT "1 -,B'' CENTRAL CONTRA COSTA SANITARY DISTRICT RIGHT OF WAY MAP for SEWER S 22'53 13 E 64.56 NN / Q i L =1 18.75' / R= 150.00' / L= 45'21'37" GREENLAW 16720 O.R. 839 S 68' 14'49" E L= 47.76' 29.95' R= 150.00' A= 18'14'38" S 09'16'18" E 55.47' S 34' 13'55" W 6.05' S 27'30'56" E 2.86' 10 agoopy GDoDDo L= 107.77' WPM d O R= 100.00' S 08'00'03" W A =61'44 51 241.29' z� DRAVM BY' K.D.C. CHI BY' E,A C SEEM MAP' 42E6 JOB NO'' 5968 SCALE: 1' = 5 0' DATE. 8-09-06 00. ASW. NO.: PARCEL NO.: 10 266 - 150 -024 CENTRAL Q,0Ij RIGID SS EX EWER EX 5 SMT PR S ER - -- • —• --- PR 10' SMT ► HOUSE CONNECTION -a ' S1- C ANITARY DISTRICT P., for SEWER ss s S / ss o�g��a� LN SN 11 25 \/01 GREENLAW o 21 PSI APN 266- 150 -024 iDIFY EX M17 42E6 CONSTRUCT M4 6+36.97 30 OAK a •� OAA aZ •3y OAK c _ aE�•W� �s OAK �e oox a �4,• OAKS MODIF BC 6+70.45 EC 7+3 DRAvM BY' D L a w s o n CHECKED BY` THOMAS BRO.: 4 2 E 6 JOB NO'` 5968 SCALE N T S DATE 01/23/07 00' ASSMT• NO'' PARCEL NO" 266- 150 -024 !o- re. 6 A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 1 of 3 Pages EXHIBIT "2 -A ": LEGAL DESCRIPTION OF PERMANENT EASEMENT FOR SANITARY SEWER PURPOSES AND QUITCLAIM OF EXISTING EASEMENT - SCANLAN / STRIGLOS PROPERTY: 10 KATRINA COURT, ORINDA, CALIFORNIA (APN 266- 160 -011) Permanent Sanitary Sewer Easement: Parcel 18 An exclusive subsurface easement in gross and a nonexclusive surface easement in gross in favor of the Central Contra Costa Sanitary District, a special district established pursuant to the laws of the State of California ( "District ") including, but not limited to, the right to construct, reconstruct, renew, alter, operate, maintain, replace (with the initial or any other size) and repair such sewer line or lines as the District shall from time to time elect for conveying sewage, and all necessary maintenance access structures (manholes and rodding inlets), laterals and appurtenances thereto, together with the free right of reasonable ingress, egress and emergency access to said easement over and across the remaining portion of the underlying property, provided that said rights of ingress, egress and emergency access shall be limited to established roadways, pathways, avenues or other routes to the extent possible and as reasonably necessary for the proper use of said easements, and the right to clear obstructions, permanent structures, and vegetation from the easement as may reasonably be required for the proper use of said easements, over and within that certain real property in the city of Orinda, county of Contra Costa, state of California described as follows: A portion of Lot 9 as said lot is designated on the final subdivision map entitled "Sleepy Hollow, Unit No. 1, Contra Costa County, California ", filed on December 22, 1945, in Book 28 of Maps at Page 13 in the Office of the Contra Costa Count Recorder (78 M 28), said lot being the parcel of land described in the Grant Deed to Paul M. Scanlan and Patricia E. Striglos recorded March 24, 2006 as Recorder's Document No. 2006- 0091208, Contra Costa County Records (2006- 0091208), more particularly described as follows: All that portion of the above referenced parcel of land (2006- 0091208) lying within a 10- foot wide strip of land the centerline of which is described as follows: Commencing at a found 2 inch iron pipe monument with tag LS #2305 having grid coordinates of (Y) 2159884.56 feet and (X) 6073798.31 feet, California Coordinate System of 1983 Zone 3, GPS Epoch 2002.00 (CCS 83 Zone 3, 2002.00), said iron pipe monument being located on the centerline of Van Tassel Lane at the westerly terminus of the course shown as north 880 30'00" east 266.00 feet upon the map entitled Sleepy Hollow Unit No.1 recorded December 22, 1945 in Book 28 of Maps at page 13 (28 M 13), Contra Costa County Records; thence north 800 16' 20" east 499.93 feet (north 79° A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 2 of 3 Pages 14'22" east 499.97 feet - calculated record 28 M 13) to a similar iron pipe monument having grid coordinates of (Y) 2159969.03 feet and (X) 6074291.05 feet (CCS 83 Zone 3, 2002.00), last said iron pipe monument being located on the centerline of Van Tassel Lane at the northerly terminus of the course shown upon said map (28 M 13) as north 230 00' 00" west 375.00 feet; thence from last said iron pipe monument south 22° 18' 23" east 54.78 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING south 500 14'56" west 22.60 feet to the beginning of a curve concave to the southeast having a radius of 100.00 feet; thence southwesterly and southerly along said curve through a central angle of 430 56' 58" a distance of 76.71 feet; thence south 60 17'58" west 37.51 feet to the beginning of a curve concave to the west having a radius of 250.00 feet; thence southerly along said curve through a central angle of 15° 46'49" a distance of 68.86 feet; thence south 220 04'48" west 69.03 feet; thence south 310 03' 55" west 21.14 feet to the beginning of a curve concave to the southeast having a radius of 150.00 feet; thence southerly along said curve through a central angle of 240 54' 20" a distance of 65.20 feet; thence south 60 09' 35" west 0.82 feet to the beginning of a curve concave to the northwest having a radius of 150.00 feet; thence southwesterly along said curve through a central angle of 20° 33' 33" a distance of 53.82 feet; thence south 260 43' 08" west 23.94 feet to the beginning of a curve concave to the northwest having a radius of 100.00 feet; thence southerly and southwesterly along said curve through a central angle of 40° 39' 37" a distance of 70.97 feet; thence south 67° 22'45" west 12.45 feet; thence south 1 ° 59' 14" west 20.34 feet to the beginning of a curve concave to the west having a radius of 250.00 feet; thence southerly along said curve through a central angle of 20° 48' 35" a distance of 90.80 feet; thence south 22° 47' 48" west 35.39 feet; thence south 14° 41' 01" east 22.44 feet to the beginning of a curve concave to the northeast having a radius of 100.00 feet; thence southeasterly along said curve through a central angle of 34° 59' 50" a distance of 61.08 feet; thence south 49° 40' 51" east 130.91 feet; thence south 24° 42' 49" east 58.46 feet; thence south 19° 36'27" east 107.73 feet; thence south 0° 39' 06" east 70.93 feet to the beginning of a curve concave to the east having a radius of 250.00 feet; thence southerly along said curve through a central angle of 24° 02'46" a distance of 104.92 feet; thence south 24° 41' 52" east 11.83 feet to the point of beginning of a non - tangent curve concave to the southwest having a radius of 100.42 feet, a radial line to said point of beginning bears north 34° 28' 00" east; thence southeasterly along said curve through a central angle of 36° 36' 55" a distance of 64.18 feet; thence south 18° 55' 05" east 95.59 feet; thence south 3° 36' 59" west 25.97 feet to the beginning of a curve concave to the east having a radius of 250.00 feet; thence southerly along said curve through a central angle of 20° 06' 03" a distance of 87.71 feet; thence south 16° 29' 03" east 4.80 feet to the beginning of a curve concave to the west having a radius of 250.00 feet; thence southerly along said curve through a central angle 27° 29'44" a distance of 119.97 feet; thence south 11 ° 00'41" west 30.85 feet; thence south 7° 14' 14" west 305.54 feet; thence south 64° 19' 55" west 78.00 feet to a point which bears north 540 23' 35" west 292.61 feet from a found railroad spike as shown upon the A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 3 of 3 Pages Corner Record filed with the County Surveyor of said county on April 10, 2002 in Book 64 of Corner Records at page 44 (64 C.R. 44) said railroad spike having grid coordinates of (Y) 2157914.87 feet and (X) 6074492.96 feet (CCS 83 Zone 3, 2002.00), from said railroad spike a 2 inch iron pipe monument with tag LS #2305 as shown upon said Corner Record (64 C.R. 44) bears south 60 32'41" east 534.93 feet (south 70 34' 09" east 535.13 feet — calculated record 64 C.R. 44), said 2 inch iron pipe monument having grid coordinates of (Y) 2157383.43 feet and (X) 6074553.93 feet (CCS 83 Zone 3, 2002.00). Containing a total of 2162 square feet, more or less. Unless otherwise specified all bearings and distances shown herein are based on the California Coordinate System of 1983, Zone 3. Multiply grid distances shown herein by 1.0000945 to obtain ground distances. A plat entitled Exhibit "2 -13" that shows the above - described easement is attached hereto and by this reference is made a part hereof. Quitclaim of Easement A quitclaim to Paul M. Scanlan and Patricia E. Striglos, of all rights, title, and interest the Central Contra Costa Sanitary District, a special district established pursuant to the laws of the State of California ( "District ") may have in the easement situated in the County of Contra Costa, State of California, described as follows: All of Sub - Parcel A of that certain easement granted to the District on February 24, 1951, and recorded March 5, 1951 in Book 1724 at Page 417, Contra Costa County Records (1724 OR 417). Containing a total of 1,100 square feet, more or less. EXHIBIT Itz -8111 CENTRAL CONTRA COSTA SANITARY DISTRICT RIGHT OF WAY MAP for SEWER S 24 °42'49" E 58.46' 5' \� S 19 °36'27" E 107.73' Vaspy 28M 13 S 00 °39'06" E 70.93' SSCANLAN /STRIGLOS 10 2006- 0091208- 00t�ra` N 14 R =250 00 R- 250.00 L =24 °02'46" S 24'41 '52" E 11.83' L=64.18' N R= 100.42' A= 36'36'55" S 18 °55'05" E �\ \95.59' S 03 °36'59" W ('25.97' MOM BY' K. D. C. CHECKED BY: E A, C, SYSTBA MAP: 4 2 E 6 JOB 5968 SCALE: 1, = 60' DATE. 9-15-06 CO. ASSMT. NO.: PARCEL NO.: 18 266- 160 -011 m A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 1 of 4 Pages EXHIBIT "3 -A ": LEGAL DESCRIPTION OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR SANITARY SEWER PURPOSES, AND QUITCLAIM OF EXISTING EASEMENT - DAVIS PROPERTY: 6 CRANE COURT, ORINDA, CALIFORNIA (APN 266- 160 -028) Permanent Sanitary Sewer Easement: DP 5968 - Parcel 19 An exclusive subsurface easement in gross and a nonexclusive surface easement in gross in favor of the Central Contra Costa Sanitary District, a special district established pursuant to the laws of the State of California ( "District ") including, but not limited to, the right to construct, reconstruct, renew, alter, operate, maintain, replace (with the initial or any other size) and repair such sewer line or lines as the District shall from time to time elect for conveying sewage, and all necessary maintenance access structures (manholes and rodding inlets), laterals and appurtenances thereto, together with the free right of reasonable ingress, egress and emergency access to said easement over and across the remaining portion of the underlying property, provided that said rights of ingress, egress and emergency access shall be limited to established roadways, pathways, avenues or other routes to the extent possible and as reasonably necessary for the proper use of said easements, and the right to clear obstructions, permanent structures, and vegetation from the easement as may reasonably be required for the proper use of said easements, over and within that certain real property in the city of Orinda, county of Contra Costa, state of California described as follows: A portion of Lot 16 as said lot is designated on the final subdivision map entitled "Sleepy Hollow, Unit No. 1, Contra Costa County, California ", filed on December 22, 1945, in Book 28 of Maps at Page 13 in the Office of the Contra Costa Count Recorder (78 M 28), said lot being a portion of the parcel of land described in the Trust Transfer Deed to Donald J. Davis and Marilynn J. Davis as trustees of the Davis Revocable Trust recorded July 15, 2004 as Recorder's Document No. 2004 - 0272039, Contra Costa County Records (2004- 0272039), more particularly described as follows: All that portion of said Lot 16 (78 M 28) lying within a 10 -foot wide strip of land the centerline of which is described as follows: Commencing at a found 2 inch iron pipe monument with tag LS #2305 having grid coordinates of (Y) 2159884.56 feet and (X) 6073798.31 feet, California Coordinate System of 1983 Zone 3, GPS Epoch 2002.00 (CCS 83 Zone 3, 2002.00), said iron pipe monument being located on the centerline of Van Tassel Lane at the westerly terminus of the course shown as north 880 30' 00" east 266.00 feet upon the map entitled Sleepy Hollow Unit No.1 recorded December 22, 1945 in Book 28 of Maps at page 13 (28 M A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 2 of 4 Pages 13), Contra Costa County Records; thence north 800 16' 20" east 499.93 feet (north 790 14' 22" east 499.97 feet - calculated record 28 M 13) to a similar iron pipe monument having grid coordinates of (Y) 2159969.03 feet and (X) 6074291.05 feet (CCS 83 Zone 3, 2002.00), last said iron pipe monument being located on the centerline of Van Tassel Lane at the northerly terminus of the course shown upon said map (28 M 13) as north 230 00'00" west 375.00 feet; thence from last said iron pipe monument south 220 18' 23" east 54.78 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING south 500 14' 56" west 22.60 feet to the beginning of a curve concave to the southeast having a radius of 100.00 feet; thence southwesterly and southerly along said curve through a central angle of 430 56' 58" a distance of 76.71 feet; thence south 60 17'58" west 37.51 feet to the beginning of a curve concave to the west having a radius of 250.00 feet; thence southerly along said curve through a central angle of 15° 46'49" a distance of 68.86 feet; thence south 220 04'48" west 69.03 feet; thence south 310 03' 55" west 21.14 feet to the beginning of a curve concave to the southeast having a radius of 150.00 feet; thence southerly along said curve through a central angle of 240 54' 20" a distance of 65.20 feet; thence south 60 09' 35" west 0.82 feet to the beginning of a curve concave to the northwest having a radius of 150.00 feet; thence southwesterly along said curve through a central angle of 200 33' 33" a distance of 53.82 feet; thence south 260 43' 08" west 23.94 feet to the beginning of a curve concave to the northwest having a radius of 100.00 feet; thence southerly and southwesterly along said curve through a central angle of 400 39' 37" a distance of 70.97 feet; thence south 67° 22'45" west 12.45 feet; thence south 1' 59' 14" west 20.34 feet to the beginning of a curve concave to the west having a radius of 250.00 feet; thence southerly along said curve through a central angle of 20° 48' 35" a distance of 90.80 feet; thence south 22° 47' 48" west 35.39 feet; thence south 14° 41' 01" east 22.44 feet to the beginning of a curve concave to the northeast having a radius of 100.00 feet; thence southeasterly along said curve through a central angle of 34° 59' 50" a distance of 61.08 feet; thence south 49° 40' 51" east 130.91 feet; thence south 24° 42'49" east 58.46 feet; thence south 19° 36'27" east 107.73 feet; thence south 0° 39' 06" east 70.93 feet to the beginning of a curve concave to the east having a radius of 250.00 feet; thence southerly along said curve through a central angle of 24° 02'46" a distance of 104.92 feet; thence south 24° 41' 52" east 11.83 feet to the point of beginning of a non - tangent curve concave to the southwest having a radius of 100.42 feet, a radial line to said point of beginning bears north 34° 28' 00" east; thence southeasterly along said curve through a central angle of 36° 36' 55" a distance of 64.18 feet; thence south 18° 55' 05" east 95.59 feet; thence south 3° 36' 59" west 25.97 feet to the beginning of a curve concave to the east having a radius of 250.00 feet; thence southerly along said curve through a central angle of 20° 06' 03" a distance of 87.71 feet; thence south 16° 29' 03" east 4.80 feet to the beginning of a curve concave to the west having a radius of 250.00 feet; thence southerly along said curve through a central angle 27° 29'44" a distance of 119.97 feet; thence south 11' 00'41 " west 30.85 feet; thence south 7° 14' 14" west 305.54 feet; thence south 64° 19'55" west 78.00 feet to a A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 3 of 4 Pages point which bears north 540 23' 35" west 292.61 feet from a found railroad spike as shown upon the Corner Record filed with the County Surveyor of said county on April 10, 2002 in Book 64 of Corner Records at page 44 (64 C.R. 44) said railroad spike having grid coordinates of (Y) 2157914.87 feet and (X) 6074492.96 feet (CCS 83 Zone 3, 2002.00), from said railroad spike a 2 inch iron pipe monument with tag LS #2305 as shown upon said Corner Record (64 C.R. 44) bears south 60 32' 41" east 534.93 feet (south 70 34'09" east 535.13 feet — calculated record 64 C.R. 44), said 2 inch iron pipe monument having grid coordinates of (Y) 2157383.43 feet and (X) 6074553.93 feet (CCS 83 Zone 3, 2002.00). Containing a total of 1866 square feet, more or less. Unless otherwise specified all bearings and distances shown herein are based on the California Coordinate System of 1983, Zone 3. Multiply grid distances shown herein by 1.0000945 to obtain ground distances. A plat entitled Exhibit "3 -13" that shows the above - described easement is attached hereto and by this reference is made a part hereof. Temporary Construction Easement: DP 5968 - Parcel 19 -TCE A Temporary Construction Easement in favor of the Central Contra Costa Sanitary District, a special district established pursuant to the laws of the State of California ( "District "), commencing on June 4, 2007, and terminating on December 4, 2007, including, but not limited to, the right to use said Temporary Construction Easement for all reasonable purposes connected with construction of the North Orinda Sewer Renovations Phase 2.1 Project (District Project 5968) including, but not limited to, the transport, use and operation of tools, machinery, materials and equipment by the District and its contractors and permitees, together with the right of ingress to and egress from said Temporary Construction Easement at all reasonable times, over and upon that certain real property in the city of Orinda, county of Contra Costa, state of California described as follows: A portion of Lot 16 as said lot is designated on the final subdivision map entitled "Sleepy Hollow, Unit No. 1, Contra Costa County, California ", filed on December 22, 1945, in Book 28 of Maps at Page 13 in the Office of the Contra Costa Count Recorder (78 M 28), said lot being a portion of the parcel of land described in the Trust Transfer Deed to Donald J. Davis and Marilynn J. Davis as trustees of the Davis Revocable Trust recorded July 15, 2004 as Recorder's Document No. 2004 - 0272039 -00, Contra Costa County Records (2004- 0272039 -00), more particularly described as follows: A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 4 of 4 Pages All that portion of said Lot 16 (78 M 28) lying within a 10 -foot wide strip of land, the westerly line of which lies parallel to and 12 feet easterly (measured at right angles) of and the easterly line of which lies parallel to and 22 feet easterly (measured at right angles) of the line described as follows: BEGINNING at the most northwesterly corner of said Lot 16 (78 M 28), said point being common with the most northeasterly corner of Lot 17, as said lot is designated on the said final subdivision map entitled "Sleepy Hollow Unit No. 1, Contra Costa County" (78 M 28), and being a point on the southerly line of that certain public road known as "Crane Court"; thence from said POINT OF BEGINNING continuing southwesterly along the line common to said Lot 16 and Lot 17, south 250 47'40" west approximately 178 feet to a point on the northeasterly line of the "Permanent Sanitary Sewer Easement: DP 5968 - Parcel 19" as said permanent easement is described herein above. The sidelines of said 10 -foot wide strip shall be lengthened or shortened as required for each sideline to terminate on said southerly line of the road known as "Crane Court" and said northeasterly line of said "Permanent Sanitary Sewer Easement: DP 5968 - Parcel 19 ". Containing a total of 1,780 square feet, more or less. A plat entitled Exhibit "3 -C" that shows the above - described temporary construction easement is attached hereto and by this reference is made a part hereof. Quitclaim of Easement A quitclaim to Donald J. Davis and Marilyn J. Davis, Trustees of the Davis Revocable Trust dated December 7, 2002, of all rights, title, and interest the Central Contra Costa Sanitary District, a special district established pursuant to the laws of the State of California ( "District ") may have in the easement situated in the County of Contra Costa, State of California, described as follows: All of that certain easement granted to the District on March 3, 1951, and recorded March 7, 1951 in Book 1727 at Page 177, Contra Costa County Records (1727 OR 177). Containing a total of 913 square feet, more or less. L= 90.80' R= 250.00' 9 A= 20'48'35 � S 22'47'48" W /35.39' ( S 14 °41'01" E y/22.44' L= 61.08' R= 100.00' =34 °59'50" EXHIBIT "3 -9" CENTRAL CONTRA COSTA SANITARY DISTRICT RIGHT OF WAY MAP for SEWER ,We 6 S 49 °40'51 " E 130.91' DAVIS 2004 - 0272039 -00 19 S 24 °42'49" E 58.46' S 19 °36'27" E 107.73' I 5' -� I - T --S 00 °39'06" E 70.93' I I � I I L= 104.92' �O I I R= 250.00' I � D =24 °02'46" III I I' 1 1 Ylofl"L 0�-� DRAM BY' K,D.C. CHECKED 13y' E.A.C. SYSTEM MAP' 42E6 JOB W)" 5968 SCALE 1, = 6 0' DATE: 8-10-06 00. ASSW. NO.: PARCEL NO.: 266 - 160 -028 19 A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 1 of 3 Pages EXHIBIT "4 -A ": LEGAL DESCRIPTION OF PERMANENT EASEMENT FOR SANITARY SEWER PURPOSES AND QUITCLAIM OF EXISTING EASEMENT - NICOLET PROPERTY: 76 TARRY LANE, ORINDA, CALIFORNIA (APN 266- 170 -016) Permanent Sanitary Sewer Easement: DP 5968 - Parcel 5 An exclusive subsurface easement in gross and a nonexclusive surface easement in gross in favor of the Central Contra Costa Sanitary District, a special district established pursuant to the laws of the State of California ( "District ") including, but not limited to, the right to construct, reconstruct, renew, alter, operate, maintain, replace (with the initial or any other size) and repair such sewer line or lines as the District shall from time to time elect for conveying sewage, and all necessary maintenance access structures (manholes and rodding inlets), laterals and appurtenances thereto, together with the free right of reasonable ingress, egress and emergency access to said easement over and across the remaining portion of the underlying property, provided that said rights of ingress, egress and emergency access shall be limited to established roadways, pathways, avenues or other routes to the extent possible and as reasonably necessary for the proper use of said easements, and the right to clear obstructions, permanent structures, and vegetation from the easement as may reasonably be required for the proper use of said easements, over and within that certain real property in the city of Orinda, county of Contra Costa, state of California described as follows: A portion of Lot 30 as said lot is designated on the final subdivision map entitled "Sleepy Hollow, Unit No. 1, Contra Costa County, California ", filed on December 22, 1945, in Book 28 of Maps at Page 13 in the Office of the Contra Costa Count Recorder (78 M 28), said lot being the parcel of land described in the Trustee's Deed to June A. Nicolet as Trustee of the June A. Nicolet Trust "A" dated February 20, 1999, recorded November 30, 1999 as Recorder's Document No. 1999 - 0311304, Contra Costa County Records (1999-0311304), described as follows: All that portion of above referenced parcel of land (1999- 0311304) lying within a 10 -foot wide strip of land the centerline of which is described as follows: Commencing at a found 2 inch iron pipe monument with tag LS #2305 having grid coordinates of (Y) 2159969.03 feet and (X) 6074291.05 feet, California Coordinate System of 1983 Zone 3, GPS Epoch 2002.00 (CCS 83 Zone 3, 2002.00), said iron pipe monument being located on the centerline of Van Tassel Lane at the northerly terminus of the course shown as north 230 00'00" west 375.00 feet upon the map entitled Sleepy Hollow Unit No.1 recorded December 22, 1945 in Book 28 of Maps at page 13 (28 M 13), herein above said county records; thence south 800 16'20" west 499.93 feet (south 790 A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 2 of 3 Pages 14' 22" west 499.97 feet - calculated record 28 M 13) to a similar iron pipe monument having grid coordinates of (Y) 2159884.56 feet and (X) 6073798.31 feet (CCS 83 Zone 3, 2002.00), last said iron pipe monument being located on the centerline of Van Tassel Lane at the westerly terminus of the course shown upon said map (28 M 13) as north 880 30' 00" east 266.00 feet; thence from last said iron pipe monument south 550 42' 51" west 291.26 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING south 690 53' 14" east 63.49 feet to the beginning of a curve concave to the southwest having a radius of 250.00 feet; thence southeasterly along said curve through a central angle of 200 37' 19" a distance of 89.98 feet; thence south 490 15' 55" east 106.32 feet to the beginning of a curve concave to the southwest having a radius of 100.00 feet; thence southeasterly along said curve through a central angle of 150 58' 25" a distance of 27.88 feet; thence south 330 17' 30" east 113.74 feet to the beginning of a curve concave to the southwest having a radius of 250.00 feet; thence southeasterly along said curve through a central angle of 80 35' 11" a distance of 37.46 feet; thence south 240 42' 19" east 84.17 feet; thence south 11 ° 20' 54" west 53.87 feet to the beginning of a curve concave to the east having a radius of 100.00 feet; thence southerly along said curve through a central angle of 270 16' 53" a distance of 47.61 feet; thence south 150 55' 59" east 90.11 feet; thence south 270 58' 50" east 72.60 feet; thence south 830 30' 01" east 26.62 feet to the point of beginning of a non - tangent curve concave to the west having a radius of 264.98 feet, a radial line to said point of beginning bears north 480 22'43" east; thence southeasterly, southerly and southwesterly along said curve through a central angle of 630 55' 29" a distance of 295.64; thence south 220 53' 13" east 64.56 feet to the beginning of a curve concave to the northeast having a radius of 150.00 feet; thence southeasterly along said curve through a central angle of 450 21' 37" a distance of 118.75 feet; thence south 680 14'49" east 29.95 feet; thence south 90 16' 18" east 55.47 feet to the beginning of a curve concave to the east having a radius of 150.00 feet; thence southerly along said curve through a central angle of 181 14' 38" a distance of 47.76 feet; thence south 270 30' 56" east 2.86 feet to the beginning of a curve concave to the west having a radius of 100.00 feet; thence southeasterly, southerly and southwesterly along said curve through a central angle of 610 44' 51" a distance of 107.77 feet; thence south 340 13' 55" west 6.05 feet; thence south 80 00' 03" west 241.29 feet; thence south 290 32' 02" east 175.77 feet to a point which bears north 570 55' 19" west 301.92 feet from a found railroad spike as shown upon the Corner Record filed with the County Surveyor of said county on April 10, 2002 in Book 64 of Corner Records at page 44 (64 C.R. 44) said railroad spike having grid coordinates of (Y) 2157914.87 feet and (X) 6074492.96 feet (CCS 83 Zone 3, 2002.00), from said railroad spike a 2 inch iron pipe monument with tag LS #2305 as shown upon said Corner Record (64 C.R. 44) bears south 60 32'41" east 534.93 feet (south 70 34' 09" east 535.13 feet - calculated record 64 C.R. 44), said 2 inch iron pipe monument having grid coordinates of (Y) 2157383.43 feet and (X) 6074553.93 feet (CCS 83 Zone 3, 2002.00). A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 3 of 3 Pages Containing a total of 1070 square feet, more or less. Unless otherwise specified all bearings and distances shown herein are based on the California Coordinate System of 1983, Zone 3. Multiply grid distances shown herein by 1.0000945 to obtain ground distances. A plat entitled Exhibit "4 -13" that shows the above - described easement is attached hereto and by this reference is made a part hereof. Quitclaim of Easement A quitclaim to June A. Nicolet, Trustee of the June A. Nicolet Trust "A" dated February 20, 1999, of all rights, title, and interest the Central Contra Costa Sanitary District, a special district established pursuant to the laws of the State of California ( "District ") may have in the easement situated in the County of Contra Costa, State of California, described as follows: All of that certain easement granted to the District on February 18, 1951, and recorded February 21, 1951 in Book 1719 at Page 487, Contra Costa County Records (1719 OR 487). Containing a total of 549 square feet, more or less. EXHIBIT "1�-B" CENTRAL CONTRA COSTA SANITARY DISTRICT RIGHT OF WAY MAP for SEWER TARRY LN NICOLET 1999 - 0311304 -00 Lot 30 Lot 31 76 80 S 15'55'59" E 90.11' 10' �o S 27'58'50" E 72.60' sopp zo §0o w MOW U V @ o U 12(g U o L= 47.61' R= 100.00' 0 =27' 16'53" DRAVM BY' K D, C. BY' E.A.C. SYSTEM MAP: 42E6 JOB NO'' 5968 SCALE 1' = 40' DATE 8-08-06 00. ASSMT. NO.: PARCEL NO.: 5 266 -170 -016 A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 1 of 4 Pages EXHIBIT "5 -A": LEGAL DESCRIPTION OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR SANITARY SEWER PURPOSES, AND QUITCLAIM OF EXISTING EASEMENT - PRESTEN PROPERTY: 80 TARRY LANE, ORINDA, CALIFORNIA (APN 266- 170 -017) Permanent Sanitary Sewer Easement: DP 5968 - Parcel 4 An exclusive subsurface easement in gross and a nonexclusive surface easement in gross in favor of the Central Contra Costa Sanitary District, a special district established pursuant to the laws of the State of California ( "District ") including, but not limited to, the right to construct, reconstruct, renew, alter, operate, maintain, replace (with the initial or any other size) and repair such sewer line or lines as the District shall from time to time elect for conveying sewage, and all necessary maintenance access structures (manholes and rodding inlets), laterals and appurtenances thereto, together with the free right of reasonable ingress, egress and emergency access to said easement over and across the remaining portion of the underlying property, provided that said rights of ingress, egress and emergency access shall be limited to established roadways, pathways, avenues or other routes to the extent possible and as reasonably necessary for the proper use of said easements, and the right to clear obstructions, permanent structures, and vegetation from the easement as may reasonably be required for the proper use of said easements, over and within that certain real property in the city of Orinda, county of Contra Costa, state of California described as follows: A portion of Lot 29 as said lot is designated on the final subdivision map entitled "Sleepy Hollow, Unit No. 1, Contra Costa County, California ", filed on December 22, 1945, in Book 28 of Maps at Page 13 in the Office of the Contra Costa Count Recorder (78 M 28), said lot being the parcel of land described in the Grant Deed to Mark Presten and Janice Presten recorded August 23, 1994 as Recorder's Series No. 94- 211139, Contra Costa County Records (94- 211139), more particularly described as follows: All that portion of above referenced parcel of land (94- 211139) lying within a 10 -foot wide strip of land the centerline of which is described as follows: Commencing at a found 2 inch iron pipe monument with tag LS #2305 having grid coordinates of (Y) 2159969.03 feet and (X) 6074291.05 feet, California Coordinate System of 1983 Zone 3, GPS Epoch 2002.00 (CCS 83 Zone 3, 2002.00), said iron pipe monument being located on the centerline of Van Tassel Lane at the northerly terminus of the course shown as north 230 00'00" west 375.00 feet upon the map entitled Sleepy Hollow Unit No.1 recorded December 22, 1945 in Book 28 of Maps at page 13 (28 M 13), herein above said county records; thence south 800 16' 20" west 499.93 feet (south 790 A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 2 of 4 Pages 14' 22" west 499.97 feet - calculated record 28 M 13) to a similar iron pipe monument having grid coordinates of (Y) 2159884.56 feet and (X) 6073798.31 feet (CCS 83 Zone 3, 2002.00), last said iron pipe monument being located on the centerline of Van Tassel Lane at the westerly terminus of the course shown upon said map (28 M 13) as north 880 30' 00" east 266.00 feet; thence from last said iron pipe monument south 550 42' 51" west 291.26 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING south 690 53' 14" east 63.49 feet to the beginning of a curve concave to the southwest having a radius of 250.00 feet; thence southeasterly along said curve through a central angle of 200 37' 19" a distance of 89.98 feet; thence south 490 15' 55" east 106.32 feet to the beginning of a curve concave to the southwest having a radius of 100.00 feet; thence southeasterly along said curve through a central angle of 150 58' 25" a distance of 27.88 feet; thence south 330 17' 30" east 113.74 feet to the beginning of a curve concave to the southwest having a radius of 250.00 feet; thence southeasterly along said curve through a central angle of 80 35' 11" a distance of 37.46 feet; thence south 240 42' 19" east 84.17 feet; thence south 11 ° 20' 54" west 53.87 feet to the beginning of a curve concave to the east having a radius of 100.00 feet; thence southerly along said curve through a central angle of 270 16' 53" a distance of 47.61 feet; thence south 150 55' 59" east 90.11 feet; thence south 270 58' 50" east 72.60 feet; thence south 830 30' 01" east 26.62 feet to the point of beginning of a non - tangent curve concave to the west having a radius of 264.98 feet, a radial line to said point of beginning bears north 480 22'43" east; thence southeasterly, southerly and southwesterly along said curve through a central angle of 630 55' 29" a distance of 295.64; thence south 220 53' 13" east 64.56 feet to the beginning of a curve concave to the northeast having a radius of 150.00 feet; thence southeasterly along said curve through a central angle of 450 21' 37" a distance of 118.75 feet; thence south 680 14'49" east 29.95 feet; thence south 90 16' 18" east 55.47 feet to the beginning of a curve concave to the east having a radius of 150.00 feet; thence southerly along said curve through a central angle of 180 14' 38" a distance of 47.76 feet; thence south 270 30' 56" east 2.86 feet to the beginning of a curve concave to the west having a radius of 100.00 feet; thence southeasterly, southerly and southwesterly along said curve through a central angle of 610 44' 51" a distance of 107.77 feet; thence south 340 13' 55" west 6.05 feet; thence south 80 00' 03" west 241.29 feet; thence south 290 32' 02" east 175.77 feet to a point which bears north 570 55' 19" west 301.92 feet from a found railroad spike as shown upon the Corner Record filed with the County Surveyor of said county on April 10, 2002 in Book 64 of Corner Records at page 44 (64 C.R. 44) said railroad spike having grid coordinates of (Y) 2157914.87 feet and (X) 6074492.96 feet (CCS 83 Zone 3, 2002.00), from said railroad spike a 2 inch iron pipe monument with tag LS #2305 as shown upon said Corner Record (64 C.R. 44) bears south 60 32'41" east 534.93 feet (south 70 34' 09" east 535.13 feet - calculated record 64 C.R. 44), said 2 inch iron pipe monument having grid coordinates of (Y) 2157383.43 feet and (X) 6074553.93 feet (CCS 83 Zone 3, 2002.00). A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 3 of 4 Pages Containing a total of 1257 square feet, more or less. Unless otherwise specified all bearings and distances shown herein are based on the California Coordinate System of 1983, Zone 3. Multiply grid distances shown herein by 1.0000945 to obtain ground distances. A plat entitled Exhibit "5 -13" that shows the above - described easement is attached hereto and by this reference is made a part hereof. Temporary Construction Easement: DP 5968 - Parcel 4 -TCE A Temporary Construction Easement in favor of the Central Contra Costa Sanitary District, a special district established pursuant to the laws of the State of California ( "District "), commencing on June 4, 2007, and terminating on December 4, 2007, including, but not limited to, the right to use said Temporary Construction Easement for all reasonable purposes connected with construction of the North Orinda Sewer Renovations Phase 2.1 Project (District Project 5968) including, but not limited to, the transport, use and operation of tools, machinery, materials and equipment by the District and its contractors and permitees, together with the right of ingress to and egress from said Temporary Construction Easement at all reasonable times, over and upon that certain real property in the city of Orinda, county of Contra Costa, state of California described as follows: A portion of Lot 29 as said lot is designated on the final subdivision map entitled "Sleepy Hollow, Unit No. 1, Contra Costa County, California ", filed on December 22, 1945, in Book 28 of Maps at Page 13 in the Office of the Contra Costa Count Recorder (78 M 28), said lot being the parcel of land described in the Grant Deed to Mark Presten and Janice Presten recorded August 23, 1994 as Recorder's Series No. 94- 211139, Contra Costa County Records (94- 211139), described as follows: All that portion of said Lot 29 (78 M 28) lying within a 10 -foot wide strip of land, the southerly line of which lies parallel to and 10 feet southerly (measured at right angles) of the line described as follows: COMMENCING at the northwesterly corner of the above referenced Lot 29 (78 M 28), said point being common with the most southeasterly corner of Lot 28 as said lot is designated on said final subdivision map entitled "Sleepy Hollow Unit No. 1, Contra Costa County" (78 M 28), and being a point on the easterly line of that certain public road known as "Tarry Lane "; thence easterly along the line common to said Lot 28 and Lot 29, north 840 57'30" east 42.5 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING continuing easterly along the line common to said Lot 28 and A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 4 of 4 Pages Lot 29, north 840 57' 30" east 117.84 feet; thence departing from said common line to said Lots 28 and 29 south 720 54'25" east 47.66 feet to a point on the westerly line of the "Permanent Sanitary Sewer Easement: DP 5968 - Parcel 4" as said permanent easement is described herein above. The sidelines of said 10 -foot wide strip shall be lengthened or shortened as required for the eastern terminus of each sideline to lie on said westerly line of said "Permanent Sanitary Sewer Easement: DP 5968 - Parcel 10 ". Containing a total of 1,655 square feet, more or less. A plat entitled Exhibit "5 -C" that shows the above - described temporary construction easement is attached hereto and by this reference is made a part hereof. Quitclaim of Easement A quitclaim to Mark Presten and Janice Presten, of all rights, title, and interest the Central Contra Costa Sanitary District, a special district established pursuant to the laws of the State of California ( "District ") may have in the easement situated in the County of Contra Costa, State of California, described as follows: All of that certain easement granted to the District on February 28, 1951, and recorded March 7, 1951 in Book 1727 at Page 170, Contra Costa County Records (1727 OR 170). Containing a total of 661 square feet, more or less. EXHIBIT "5 -8" CENTRAL CONTRA COSTA SANITARY DISTRICT RIGHT OF WAY MAP for SEWER V aspy Goo § §o L of 30 S 15'55'59" E 90.1 1 ' PRESTEN 94-211139 Lot 29 L= 47.61' R= 100.00' 0 =27' 16'53" 5' 10' O S 11'20'54" W 53.87' 80184 S 24'42'19" E 84.17' i ,VW-27 DRANM SY. K. D. C. CHECKED BY. E. A. C. SYSTEM MAP: 4 2 E 6 JOB NO" 5968 SCALE. 1' = 40' DATE: 8-08-06 CO. ASSMT. NO.: PARCEL NO.: 4 266 - 170 -017 R v n V D m 88 84 KOLMODIN APN 266 - 170 -030 PROPOSED 10' TCE (Parcel 3 -TCE) O 00 x,. \ \\ \\ PROPOSED �\ \ SEWER �- PROPOSED 10' TCE (Parcel 4 -TCE) I HOUSE PRESTEN � 1 APN 266- 170 -017 1 �` - -80 - -- 1 1 0 s0 100 -- - FEET Central Contra Costa Sanitary District PROPOSED ME 80 & 84 TARRY LANE CCCSD 5968 A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 1 of 4 Pages EXHIBIT "64": LEGAL DESCRIPTION OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR SANITARY SEWER PURPOSES, AND QUITCLAIM OF EXISTING EASEMENT - KOLMODIN PROPERTY: 84 TARRY LANE, ORINDA, CALIFORNIA (APN 266- 170 -030) Permanent Sanitary Sewer Easement: DP 5968 - Parcel 3 An exclusive subsurface easement in gross and a nonexclusive surface easement in gross in favor of the Central Contra Costa Sanitary District, a special district established pursuant to the laws of the State of California ( "District ") including, but not limited to, the right to construct, reconstruct, renew, alter, operate, maintain, replace (with the initial or any other size) and repair such sewer line or lines as the District shall from time to time elect for conveying sewage, and all necessary maintenance access structures (manholes and rodding inlets), laterals and appurtenances thereto, together with the free right of reasonable ingress, egress and emergency access to said easement over and across the remaining portion of the underlying property, provided that said rights of ingress, egress and emergency access shall be limited to established roadways, pathways, avenues or other routes to the extent possible and as reasonably necessary for the proper use of said easements, and the right to clear obstructions, permanent structures, and vegetation from the easement as may reasonably be required for the proper use of said easements, over and within that certain real property in the city of Orinda, county of Contra Costa, state of California described as follows: A portion of Lot 28 as said lot is designated on the final subdivision map entitled "Sleepy Hollow, Unit No. 1, Contra Costa County, California ", filed on December 22, 194.5, in Book 28 of Maps at Page 13 in the Office of the Contra Costa Count Recorder (78 M 28), said lot being the parcel of land described in the Grant Deed to William E. Kolmodin and Nancy M. Kolmodin recorded April 21, 1978 in Book 8802 of Official Records of said county at page 879 (8802 O.R. 879), described as follows: All that portion of above referenced parcel of land (8802 0. R. 879) lying within a 10 -foot wide strip of land the centerline of which is described as follows: Commencing at a found 2 inch iron pipe monument with tag LS #2305 having grid coordinates of (Y) 2159969.03 feet and (X) 6074291.05 feet, California Coordinate System of 1983 Zone 3, GPS Epoch 2002.00 (CCS 83 Zone 3, 2002.00), said iron pipe monument being located on the centerline of Van Tassel Lane at the northerly terminus of the course shown as north 230 00'00" west 375.00 feet upon the map entitled Sleepy Hollow Unit No.1 recorded December 22, 1945 in Book 28 of Maps at page 13 (28 M 13), Contra Costa County Records; thence south 800 16'20" west 499.93 feet (south 790 14' A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 2 of 4 Pages 22" west 499.97 feet - calculated record 28 M 13) to a similar iron pipe monument having grid coordinates of (Y) 2159884.56 feet and (X) 6073798.31 feet (CCS 83 Zone 3, 2002.00), last said iron pipe monument being located on the centerline of Van Tassel Lane at the westerly terminus of the course shown upon said map (28 M 13) as north 880 30' 00" east 266.00 feet; thence from last said iron pipe monument south 550 42' 51" west 291.26 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING south 690 53' 14" east 63.49 feet to the beginning of a curve concave to the southwest having a radius of 250.00 feet; thence southeasterly along said curve through a central angle of 200 37' 19" a distance of 89.98 feet; thence south 490 15' 55" east 106.32 feet to the beginning of a curve concave to the southwest having a radius of 100.00 feet; thence southeasterly along said curve through a central angle of 150 58' 25" a distance of 27.88 feet; thence south 330 17' 30" east 113.74 feet to the beginning of a curve concave to the southwest having a radius of 250.00 feet; thence southeasterly along said curve through a central angle of 80 35' 11" a distance of 37.46 feet; thence south 240 42' 19" east 84.17 feet; thence south 11 ° 20' 54" west 53.87 feet to the beginning of a curve concave to the east having a radius of 100.00 feet; thence southerly along said curve through a central angle of 270 16' 53" a distance of 47.61 feet; thence south 150 55' 59" east 90.11 feet; thence south 270 58' 50" east 72.60 feet; thence south 830 30' 01" east 26.62 feet to the point of beginning of a non - tangent curve concave to the west having a radius of 264.98 feet, a radial line to said point of beginning bears north 480 22'43" east; thence southeasterly, southerly and southwesterly along said curve through a central angle of 630 55' 29" a distance of 295.64; thence south 220 53' 13" east 64.56 feet to the beginning of a curve concave to the northeast having a radius of 150.00 feet; thence southeasterly along said curve through a central angle of 450 21' 37" a distance of 118.75 feet; thence south 680 14'49" east 29.95 feet; thence south 90 16' 18" east 55.47 feet to the beginning of a curve concave to the east having a radius of 150.00 feet; thence southerly along said curve through a central angle of 180 14' 38" a distance of 47.76 feet; thence south 270 30' 56" east 2.86 feet to the beginning of a curve concave to the west having a radius of 100.00 feet; thence southeasterly, southerly and southwesterly along said curve through a central angle of 610 44' 51" a distance of 107.77 feet; thence south 340 13' 55" west 6.05 feet; thence south 80 00' 03" west 241.29 feet; thence south 290 32' 02" east 175.77 feet to a point which bears north 570 55' 19" west 301.92 feet from a found railroad spike as shown upon the Corner Record filed with the County Surveyor of said county on April 10, 2002 in Book 64 of Corner Records at page 44 (64 C.R. 44) said railroad spike having grid coordinates of (Y) 2157914.87 feet and (X) 6074492.96 feet (CCS 83 Zone 3, 2002.00), from said railroad spike a 2 inch iron pipe monument with tag LS #2305 as shown upon said Corner Record (64 C. R. 44) bears south 60 32' 41" east 534.93 feet (south 70 34' 09" east 535.13 feet - calculated record 64 C. R. 44), said 2 inch iron pipe monument having grid coordinates of (Y) 2157383.43 feet and (X) 6074553.93 feet (CCS 83 Zone 3, 2002.00). A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 3 of 4 Pages Containing a total of 1498 square feet, more or less. Unless otherwise specified all bearings and distances shown herein are based on the California Coordinate System of 1983, Zone 3. Multiply grid distances shown herein by 1.0000945 to obtain ground distances. A plat entitled Exhibit "6 -13" that shows the above - described easement is attached hereto and by this reference is made a part hereof. Temporary Construction Easement: DP 5968 - Parcel 3 -TCE A Temporary Construction Easement in favor of the Central Contra Costa Sanitary District, a special district established pursuant to the laws of the State of California ( "District "), commencing on June 4, 2007, and terminating on December 4, 2007, including, but not limited to, the right to use said Temporary Construction Easement for all reasonable purposes connected with construction of the North Orinda Sewer Renovations Phase 2.1 Project (District Project 5968) including, but not limited to, the transport, use and operation of tools, machinery, materials and equipment by the District and its contractors and permitees, together with the right of ingress to and egress from said Temporary Construction Easement at all reasonable times, over and upon that certain real property in the city of Orinda, county of Contra Costa, state of California described as follows: A portion of Lot 28 as said lot is designated on the final subdivision map entitled "Sleepy Hollow, Unit No. 1, Contra Costa County, California ", filed on December 22, 1945, in Book 28 of Maps at Page 13 in the Office of the Contra Costa Count Recorder (78 M 28), said lot being the parcel of land described in the Grant Deed to William E. Kolmodin and Nancy M. Kolmodin recorded April 21, 1978 in Book 8802 of Official Records of said county at page 879 (8802 O.R. 879), described as follows: All that portion of said Lot 28 (78 M 28) lying within a 10 -foot wide strip of land, the easterly line of which lies parallel to and 10 feet westerly (measured at right angles) of the line described as follows: COMMENCING at the southwesterly corner of the above referenced Lot 28 (78 M 28), said point being common with the northwesterly corner of Lot 29, as said lot is designated on said final subdivision map entitled "Sleepy Hollow Unit No. 1, Contra Costa County" (78 M 28), and being a point on the easterly line of that certain public road known as "Tarry Lane "; thence easterly along the line common to said Lot 28 and Lot 29, north 840 57'30" east 42.5 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING, departing from said line common to said Lot 28 and Lot 29, A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer and Temporary Construction Access Purposes and Authorizing Eminent Domain Proceedings for District Project 5969 - North Orinda Sewer Renovations Phase 2.1 Page 4 of 4 Pages north 340 24'27" west 91.47 feet to a point on said easterly line of Tarry Lane, said point being the beginning of a nontangent curve concave to the southwest the radial line of which bears south 750 29'44" west, having a radius of 295.00 feet; thence northwesterly along said curve and said easterly line of Tarry Lane through a central angle of 010 56' 32" a distance of 10.00 feet; thence departing from said easterly line of Tarry Lane north 840 57' 30" east 9.26 feet; thence south 340 24'27" east 100.05 feet; thence south 840 57'30" west 12.12 feet to the POINT OF BEGINNING. Containing a total of 996 square feet, more or less. A plat entitled Exhibit "6 -C" that shows the above - described temporary construction easement is attached hereto and by this reference is made a part hereof. Quitclaim of Easement A quitclaim to William E. Kolmodin and Nancy M. Kolmodin, of all rights, title, and interest the Central Contra Costa Sanitary District, a special district established pursuant to the laws of the State of California ( "District ") may have in the easement situated in the County of Contra Costa, State of California, described as follows: All of that certain easement granted to the District on May 24, 1951, and recorded June 14, 1951 in Book 1777 at Page 570, Contra Costa County Records (1777 OR 570). Containing a total of 721 square feet, more or less. EXHIBIT " 2 -B" CENTRAL CONTRA COSTA SANITARY DISTRICT RIGHT OF WAY MAP for SEWER 80 88 84 KOLMODIN 8802 O.R. 879 S 33'17'30" E 113.74' L= 37.46' R= 250.00' �= 08'35' 1 1 " S 11'20'54" W 53.87' 3 O 5' S 24'42' 19" E 84.17' V aspy DRAIAIHI BY' K.D.C, BY' E.A.C. MAP: 42E6 JOB 140'' 5968 SCALE: DATE: CO. ASSMT. NO.: PARCEL NO.: 1" = 40' 8 -08 -06 266 - 170 -030 3 C� N �0, 88 84 KOLMODIN APN 266- 170 -030 PROPOSED 10' TCE D7�7 (Parcel 3 -TCE) m \ \ \\ \\ PROPOSED \\ SEWER j PROPOSED 10' TCE (' (Parcel 4 -TCE) 1 -- -- ( I HousF PRESTEN APN 266- 170 -017 1 1\ 80 \ \ - - -76 -- -- - - - -- - ----- - - - - -- . _ - - \ . \ o 50 loo -FELT Central Contra Costa �jCM f Sanitary District PROPOSED TCE V 80 & 84 TARRY LANE _ CCCSD 5968 EXHIBIT " 7" Proof of Service I, Jarred Miyamoto -Mills declare: I am employed in the County of Contra Costa, California in the offices of the Central Contra Costa Sanitary District, on whose behalf this service was made. My business address is 5019 Imhoff Place, Martinez, California, 94596. 1 am over the age of eighteen years and not a party to the matter, which is the subject of the service. On the date given, I served the following document: GOVERNMENT CODE OFFER AND OFFER IN SETTLEMENT LETTER (CALIFORNIA GOVERNMENT CODE SECTION 7267) FOR EASEMENTS NEEDED FOR THE NORTH ORINDA SEWER RENOVATIONS PHASE 2.1 PROJECT, DISTRICT PROJECT NO. 5968 — VAN TASSEL LANE, TARRY LANE, SNOWBERRY LANE, KATRINA COURT AND CRANE COURT - ORINDA, CALIFORNIA on to the owners of record for each affected property by placing a true and correct copy thereof addressed as listed in Attachment 1 hereto, as designated below: xxxx BY FIRST CLASS MAIL (CERTIFIED) I caused said documents to be deposited in the United States Mail in a sealed envelope with postage fully prepaid at Martinez, California, following the ordinary practice at my place of business of collection and processing of mail on the same day as shown on this declaration. I declare under penalty of perjury under the laws of the State of California and of the United States that the foregoing is true and correct. DATED: January 29, 2007 Jarred Miyamoto - Mills, Principal Engineer EXHIBIT "8" Proof of Service I, Jarred Miyamoto -Mills declare: I am employed in the County of Contra Costa, California in the offices of the Central Contra Costa Sanitary District, on whose behalf this service was made. My business address is 5019 Imhoff Place, Martinez, California, 94596. 1 am over the age of eighteen years and not a party to the matter, which is the subject of the service. On the date given, I served the following document: NOTICE OF HEARING REGARDING ADOPTION OF A RESOLUTION OF NECESSITY TO ACQUIRE EASEMENTS BY EMINENT DOMAIN (CALIFORNIA CODE OF CIVIL PROCEDURE 1245.235) FOR THE NORTH ORINDA SEWER RENOVATIONS PHASE 2.1 PROJECT, DISTRICT PROJECT NO. 5968 — VAN TASSEL LANE, TARRY LANE, SNOWBERRY LANE, KATRINA COURT AND CRANE COURT - ORINDA, CALIFORNIA on to the owners of record for each affected property by placing a true and correct copy thereof addressed as listed in Attachment 1 hereto, as designated below: XXXX BY FIRST CLASS MAIL I caused said document to be deposited in the United States Mail in a sealed envelope with postage fully prepaid at the Post Office in Concord, California on the same day as shown on this declaration. I declare under penalty of perjury under the laws of the State of California and of the United States that the foregoing is true and correct. DATED: February 13, 2007 r4 44�Z - Jarred Miyamoto - Mills, Principal Engineer LIST OF AFFECTED PROPERTY OWNERS / ADDRESSES ( "Notice of Hearing" mailed on February 13, 2007) APN 266- 150 -024 Bess C. Greenlaw 21 Snowberry Lane Orinda, CA 94563 2. APN 266- 160 -011 Paul M. Scanlan and Patricia E. Striglos 10 Katrina Court Orinda, CA 94563 3. APN 266- 160 -028 Donald J. Davis and Marilynn J. Davis 6 Crane Court Orinda, CA 94563 4. APN 266- 170 -016 June A Nicolet 76 Tarry Lane Orinda, CA 94563 5. APN 266- 170 -017 Mark Presten and Janice Presten 80 Tarry Lane Orinda, CA 94563 EXHIBIT 119" Proof of Service I, Jarred Miyamoto -Mills declare: I am employed in the County of Contra Costa, California in the offices of the Central Contra Costa Sanitary District, on whose behalf this service was made. My business address is 5019 Imhoff Place, Martinez, California, 94596. 1 am over the age of eighteen years and not a party to the matter, which is the subject of the service. On the date given, I served the following document: NOTICE OF HEARING REGARDING ADOPTION OF A RESOLUTION OF NECESSITY TO ACQUIRE EASEMENTS BY EMINENT DOMAIN (CALIFORNIA CODE OF CIVIL PROCEDURE 1245.235) FOR THE NORTH ORINDA SEWER RENOVATIONS PHASE 2.1 PROJECT, DISTRICT PROJECT NO. 5968 — VAN TASSEL LANE, TARRY LANE, SNOWBERRY LANE, KATRINA COURT AND CRANE COURT - ORINDA, CALIFORNIA on the owners of record of affected property, William E. and Nancy M. Kolmodin, by placing a true and correct copy thereof addressed as follows: William E. Kolmodin and Nancy M. Kolmodin 84 Tarry Lane Orinda, CA 94563 as designated below: xxxx BY FIRST CLASS MAIL I caused said document to be deposited in the United States Mail in a sealed envelope with postage fully prepaid at the Post Office in Orinda, California on the same day as shown on this declaration. I declare under penalty of perjury under the laws of the State of California and of the United States that the foregoing is true and correct. DATED: February 14, 2007 Jarred Miyamoto - Mills, Principal Engineer EXHIBIT "10" NOTICE OF EXEMPTION TO: County Clerk, County of Contra Costa 725 Court Street, Martinez, CA 94553 FROM: Central Contra Costa Sanitary District (CCCSD) 5019 Imhoff Place, Martinez, CA 94553 �I (1 NOV 0.1 2005 L S.L. WEIR, COUNTY CLERK C TRA COSTA - COUNTY 6BY DEPUTY PROJECT TITLE: North Orinda Sewer Renovations Phase 2, District Project No. 5833 PROJECT LOCATION - SPECIFIC: On or adjacent to Acacia Drive, Bien Venida, California Ave., Camino Don Miguel, Camino Pablo, Camino Sobrante, Canyon View Drive, Dias Dorados, EI. Campanero, El Sereno, Hacienda Circle, La Vuelta, Lombardy Lane, Tarry Lane, Valley View Road, Van Tassel Lane, Via Corte, Via Hermosa, Vida Descansada, and Vista del Mar (see Attachment A) PROJECT LOCATION -CITY AND COUNTY: Orinda, Contra Costa County PROJECT DESCRIPTION: Replacement or renovation of approximately 14,000 feet of existing, 6- and 8 -inch diameter public sewer mains. NAME OF APPROVING AGENCY: CCCSD NAME OF PROJECT PROPONENT: CCCSD EXEMPT STATUS: CEQA Guidelines Section 15301, Alterations to Existing Public Facilities REASONS WHY PROJECT IS EXEMPT: At its October 20, 2005, meeting, the CCCSD Board of Directors independently found that this project is exempt from the California Quality Act (CEQA) under CCCSD CEQA Guidelines Section 15301 since it involves only alterations to existing sewer facilities with negligible or no expansion of capacity. CONTACT PERSON: Russell B. Leavitt, AICP (925) 229 -7255 SIGNATURE: /(I--� Environmental Coordinator DATE: November 1, 2005 4.a. Hearing Regarding Needed Easements for North Orinda Sewer Renovations Phase 2.1 Staff Recommends initiation of eminent domain proceedings at this time. First Step: Today's Hearing is required to consider a proposed Resolution of Necessity (CA Code of Civil Procedures Sec. 1245.350) • Affected property owners may appear and be heard. Hearing Regarding Needed Easements for North Orinda Sewer Renovations Phase 2. The following issues must be addressed: - Whether the public interest and necessity require the proposed project. - Whether the proposed project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury. - Whether the easements sought to be acquired by eminent domain are necessary to the project. Hearing Regarding Needed Easements for North Orinda Sewer Renovations Phase 2. Issues to be addressed (continued): - Whether the District has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain ( "the right to take ") to acquire the easements. - Whether the District has the statutory authority to acquire easements by eminent domain. 2 Hearing Regarding Needed Easements for North Orinda Sewer Renovations Phase 2. The Project and New Permanent Easements on all six properties are necessary to: • Continue gravity service. • Reduce overflows in EBMUD drinking water watershed. • Reduce frequency of required maintenance. • Eliminate severe bends and improve maintenance access. • Correct substandard grades and eliminate sags. • Minimize impacts on mature trees and other improvements. 3 Scope & Location of Project r O /N D A - 7• 4 Replace approx. 4,000 feet of 6- and 8 -inch 3 pipe in backyardA. easements that parallel Tarry Creek. w O. 6 r orrw� NOM OMMMDA Z - VAN TAOG \ TAM S MEN MENMAYMM i cc= W UM Hearing Regarding Needed Easements for North Orinda Sewer Renovations Phase 2. The Project and New Permanent Easements on all six properties are necessary to: • Continue gravity service. • Reduce overflows in EBMUD drinking water watershed. • Reduce frequency of required maintenance. • Eliminate severe bends and improve maintenance access. • Correct substandard grades and eliminate sags. • Minimize impacts on mature trees and other improvements. 3 Hearing Regarding Needed Easements for North Orinda Sewer Renovations Phase 2. Planning & Design: • Replace damaged and deteriorated pipe with new pipe to District standards • Creek Crossings in 7 locations • Minimize impact to trees, especially large oaks, and improvements/ encroachments • Use no -dig technology where possible • Hand -dig under large oaks and close to houses Hearing Regarding Needed Easements for North Orinda Sewer Renovations Phase 2_ Temporary Construction Easements (TCE): Very few places to access due to: • Creek crossings • Improvements (houses, pools, landscaping, etc.) • Steep slopes • Large trees L cc s N' 10 s KOpt" C3.`. z :1 M �� T ~ .�u�� L A • i�.r g r:: r� oar . Q ' T� Kam'• , to 6 VMS At Hearing Regarding Needed Easements for North Orinda Sewer Renovations Phase 2.1 6 Crane Court — Davis Property (APN: 266- 160 -028) • Temporary Construction Easement Necessary for access to work on 2 lots. No alternative that would provide equipment access. Proposed easement is located to provide the greatest public good and least private injury. VA Hearing Regarding Needed Easements for North Orinda Sewer Renovations Phase 2.1 21 Snowberry Lane — Greenlaw Property (APN: 266- 150 -024) • Temporary Construction Easement - Necessary for access to work on 5 lots. - No alternative that would provide equipment access. - Proposed easement is located to provide the greatest public good and least private injury. TCE for Access (Tarry Ln) Access along the upper portion of Tarry Lane is challenging... down this driveway and over the front lawn, and then... 8 TCE for Access (Tarry Ln) ...down an adjacent property. Hearing Regarding Needed Easements for 84 Tarry Lane— Kolmodin Property (APN: 266- 170 -030) and 80 Tarry Lane — Preston Property (APN: 266- 170 -017) • Temporary Construction Easement Necessary for access to work on 5 lots. No alternative that would provide equipment access. Proposed easement is located to provide the greatest public good and least private injury. M Hearing Regarding Needed Easements for North Orinda Sewer Renovations Phase 2.1 10 Katrina Court — Scanlan / Striglos Property (APN: 266- 160 -011) • New 10 -foot wide Permanent Easement (this has now been settled) 76 Tarry Lane — Nicolet Property (APN: 266- 170 -016) • New 10 -foot wide Permanent Easement Hearing Regarding Needed Easements for North Orinda Sewer Renovations Phase 2.1 Have offers suggested by Government Code Section 7267 been made to the affected property owners? • Offers were made in letters mailed on January 29, 2007. • The offers included summaries of the basis for the amount established as just compensation in the form and containing all of the factual disclosures listed in Government Code Section 7267.2 (a) and (b). 10 Hearing Regarding Needed Easements for North Orinda Sewer Renovations Phase 2.1 Has the District complied with all conditions and statutory requirements necessary to exercise the power of eminent domain? • Special Counsel for this acquisition advises that the District has complied with these conditions and requirements. District Counsel reviewed the proposed Resolution of Necessity and concluded that it is in the proper form. Does the District have the Statutory authority to acquire easements by eminent domain? • California Health and Safety Code Sections 6512 and 6514 authorize the District to acquire easements by eminent domain. Health & Safety Code Section 6514 (Sanitary District Act of 1923) 6514. It (the District) may, for the purposes specified in this part, acquire by purchase, gift, devise, condemnation proceedings, or otherwise, such real and personal property and rights of way, either within or without the limits of the district, as in the judgment of the board are necessary or proper to the exercise of its powers ... (emphasis added) Hearing Regarding Needed Easements for North Orinda Sewer Renovations Phase 2.1 Acquisition Schedule: Hearing on Resolution of Necessity .................March 1, 2007 File Complaint in Superior Court ....................March 15, 2007 Earliest Possession ...... ............................... mid -April 2007 Court Hearing on Order of Possession............ mid -June 2007 Latest Possession .................. .......................mid -July 2007 Construction Period ...............June 18 to November 15, 2007 12 RESOLUTION NO. A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PUBLIC EASEMENTS FOR SANITARY SEWER AND TEMPORARY CONSTRUCTION ACCESS PURPOSES AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR DISTRICT PROJECT 5968 - NORTH ORINDA SEWER RENOVATIONS PHASE 2.1 WHEREAS, the Central Contra Costa Sanitary District ( "District ") owns, operates and maintains sanitary sewer facilities providing wastewater utility service to properties within its boundaries to protect the public health and the environment pursuant to the laws of the United States and the State of California; and WHEREAS, providing adequate, reliable, responsible and prudent wastewater utility service requires replacement or renovation of such sanitary sewer facilities when routine maintenance of the facilities cannot sustain their continued use without an unacceptable risk of blockage and overflow in violation of Federal and State law; and WHEREAS, those District sanitary sewers in the Van Tassel Lane, Tarry Lane, Snowberry Lane, Katrina Court and Crane Court area of Orinda, California are identified for replacement and renovation in District Project 5968 - North Orinda Sewer Renovation Phase 2.1 ( "Project ") due to the occurrence of at least twelve overflows of sewage from these sewers over the past 20 years into the watershed of East Bay Municipal Utility District's San Pablo Drinking Water Reservoir, the age, physical condition, degree of root intrusion and requirements for frequent maintenance of the sewers; and WHEREAS, the public interest and necessity of the Project is evident from the frequency of occurrence of sewage overflow for sewers proposed for renovation in the Project: approximately 80 overflows per hundred miles of sewer per year, compared with the District's performance standard of six (6) overflows per hundred miles of sewer per year, which is suggested, in part, by standards proposed by state and federal regulators; and WHEREAS, the District has identified the necessity to acquire new permanent sanitary sewer easements and temporary construction easements, and to quitclaim existing easements to property owners for said Project to allow replacement of the existing deteriorated sanitary sewers along somewhat different routes so as to minimize impacts on existing trees and property improvements, and in the manner compatible with the greatest public good and the least private injury, which permanent sanitary sewer easements, temporary construction easements and easements intended to be quitclaimed to property owners are described in Exhibit "1 -A" through Exhibit "6 -C" attached hereto and by this reference made a part hereof; and (0.0.• °f Central Contra Costa Sanitary District February 22, 2007 TO: THE HONORABLE BOARD OF DIRECTORS VIA: JAMES M. KELLY, GENERAL MANAGER / ANN FARRELL, DIRECTOR OF ENGINEER G� CURT SWANSON, ENVIRONMENTAL SERVICES DIVISION MANAGER oy FROM: JARRED MIYAMOTO- MILLS, PRINCIPAL ENGINEERux►'�' SUBJECT: PROPOSED CAPACITY FEE INCREASE AND REVISED SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND CHARGES The General Manager's Report at the March 1, 2007 Board Meeting will include a presentation of the staff - proposed changes for Capacity Fees and Environmental and Development - Related Rates and Charges. At the March 15th Board Meeting staff will ask the Board to set April 19, 2007 as the date for public hearings to receive comments and to consider adopting the proposed changes. After the Board sets hearing dates, an outreach program will be conducted to contact and engage customers with an interest in the fees, rates and charges. Notices of the public hearing will be posted on the board in the Headquarters Office Building Lobby and published in the Contra Costa Times. In addition, about 350 letters with detailed information about each proposal will be mailed to those companies and individuals who have specifically requested notice of fee increases, the Home Builder's Association of Northern California, the Engineering and Underground Contractors' Association, the Associated Building Contractors Golden Gate Chapter, current permit applicants, and contractors, engineers and developers who regularly work in the District. Informal meetings to discuss the fee proposals will be held one to two weeks before the public hearing. In the past, few customers have attended these meetings since they have generally accepted our fee setting methodology and considered the proposed changes in fees, rates and charges to be modest. Copies of the draft letter and the two reports comprising the proposed outreach mailing are attached for your information, review and comment. After incorporating any review comments you may have, we plan to mail out these letters after the Board sets the hearing date. If you have any questions or would like to make comments on the outreach materials, please bring them up at either the March 1st or 15th Board Meeting, or call Jarred Miyamoto -Mills at (925) 229 -7335. JM2: Attachments N: \ENVRSRVWdmin\Miyamoto -Mills \Capital Program\2007 -08 fees\Memo to BOD.doc FAX: (925) 228 -4624 DRAFT - 0212212007 - JM2 JAMESM KELLY General Manager KENTON L. ALM Counsel for the District (510) 808 -2000 Elaine Boehme March 20, 2007 Secretary ofthe District Dear Interested Customer: PROPOSED INCREASE FOR CAPACITY FEES, AND REVISION OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND CHARGES Central Contra Costa Sanitary District ( CCCSD) staff has recommended to its Board of Directors that capacity fees be increased, and that development - related rates and charges be revised to be current with our present cost of doing business. These fees were last increased on July 1, 2006. Reports discussing each of the two proposals are enclosed for your information. If approved, the new capacity fees, and development - related rates and charges will be effective on July 1, 2007. Capacity Fees: The proposed capacity fees have been calculated so that new customers "buy in" to the current value of all CCCSD assets. This approach was first adopted in 2001, and was used in 2006, when the fees were last increased. Using this approach, each new customer's share in the current value of District facilities, equipment, land and fund balances is "equalized" with existing District customers at the time of connection. This is done by dividing the current value of all CCCSD assets by the current number of connections and charging this amount for new connections. The current and proposed capacity fees for each new residential unit and "Residential Unit Equivalent (RUE)" are: Fee Gravity Service Pumped Service Current (before July 1, 2006) $4,263 per RUE $5,667 per RUE Proposed (after July 1, 2006) Increase $4,524 per RUE 6.1% $5,934 per RUE 4.7% The proposed capacity fee increases are principally due to inclusion of the $32 million current value of CCCSD's investment in rep I acement/re n ovation of main sewer facilities since 1988 in the fee calculation for the first time this year. A smaller portion of the increase is due to CCCSD's facilities improvement investment over the past year of about $18.7 million. Capacity fees for nonresidential (commercial, industrial and institutional) projects are also based on "Residential Unit Equivalents," so they will also increase by the same percentages if the proposal is adopted. Capacity Fees, and Environments and Development - Related Rates and Charges March 20, 2007 Page 2 Environmental and Development - Related Rates and Charges: Chapter 6.30 of the CCCSD Code establishes environmental rates and charges to recover the costs for permitting of industrial users and for regulating septage /grease hauling and disposal, and development - related rates and charges to recover costs to provide services including: • Permit Issuance; • Plan and easement review for main sewer extension projects; • Inspection of main sewer extensions and side sewers; • Processing of quitclaims and real property agreements; • Administering the reimbursement and capacity use charge programs; • Surveying and review of geotechnical engineering; and • Preparing development - related record drawings and adding new development information to the District's maps. After a comprehensive review of the rates and charges in effect since July 1, 2006, CCCSD staff recommended to the Board of Directors that several development - related rates and charges be increased, a few be decreased, some new charges be added and a few others eliminated. District staff has recommended that environmental rates and charges for industrial user permits and septage /grease disposal remain unchanged. Outreach Program: District staff will hold two informal meetings to discuss the proposed increases in capacity fees, as well as revision of the rates and charges, with interested customers on Tuesday, April 10, 2006 at 7:00 p.m., and Wednesday, April 11, 2003 at 10:00 a.m. Both meetings will be in the District Board Meeting Room at 5019 Imhoff Place, Martinez. Public Hearings to receive comments on the capacity fee and rates and charges proposals are scheduled for Thursday, April 19, 2006, at 2 p.m., in the CCCSD Board of Directors Meeting Room. The draft ordinances to be considered by the Board, and the data and documents on which the fee proposal is based will be available for review ten (10) days prior to the public hearing, as required. If you have questions or would like any additional information, please telephone me at (925) 229 -7335 or Kurt Darner at (925) 229 -7338, or send an e-mail message to jm2 @centralsan.dst.ca.us. Sincerely, Jarred Miyamoto -Mills Principal Engineer JM2: Enclosures N:\ENVRSRV\Admin \Miyamoto -Mills \Capital Program\2007 -08 fees\2007 Stakeholder's Notice.doc CENTRAL CONTRA COSTA SANITARY DISTRICT Report Regarding the Capacity Fee Proposal March 2007 INTRODUCTION In September 1998, the state enacted SB1760 that requires sewer connection fees to be based on one of two methods: 1) a buy -in to existing assets, or 2) the cost of future facilities expansion. This bill was enthusiastically endorsed and supported by the home builder's associations statewide. In 2001, Central Contra Costa Sanitary District's method for determination of Capacity Fees was changed to a "buy -in -to -all assets" approach. This was done to provide a rational, practical, equitable and defensible method to calculate the financial burden of new connections. The buy -in -to -all- assets approach is preferred primarily due to the "facilities- mature" status of the District. In this context, facilities- mature means that the value of existing assets (about $1.28 billion) is many times the value of future facilities expansion needed to accommodate future customers. Stated differently, most of the facilities needed to serve new customers have already been built and paid for by current customers. As a consequence, most of the work envisioned in the District's Capital Improvement Plan is for renovation, replacement or upgrading of facilities to maintain capacity for both current and prospective customers. Charging a Capacity Fee based on a buy -in -to -all- assets at the time of connection to the public sewer system equalizes the unit investment of each customer as they, move from being a "future" to being a "current" customer. The following sections present a discussion of the District's Capacity Fee approach, staff - proposed increases, and a planned customer /public outreach program. THE DISTRICT'S APPROACH TO CALCULATING CAPACITY FEES The District's current method of calculation for Capacity Fees is based on a buy- in -to- all- assets approach. The calculation estimates the "current value" of real property (land), facilities, equipment and the balances in the Sewer Construction, Running Expense and Self Insurance Funds. In the calculation, the current value of each asset category is determined as follows: ♦ Land: The "current value" of investments in real property is estimated based on the opportunity value of like cash investments deposited in the District's temporary investments at the time of each purchase and held at interest to the present, rather than by attempting to determine actual market value. Capacity Fee Proposal - March 2007 Page 2 ♦ Facilities: The current value of investments in physical facilities is estimated by both escalating each year's facilities expenditures based on the change in the Engineering News Record Construction Cost Index for the San Francisco Bay Area (ENR- CCI -SF), and applying straight -line depreciation using the following life cycles with no salvage value. Please note that a category for "Mains (Renovation Program)" has been included for the first time this year in the current value of facilities for determination of Capacity Fees. This category accounts for the District's significant investment since 1988 in life -cycle replacement and renovation of sewers 10- inches in diameter and smaller. This work renews capacity in these smaller sewers for the benefit of both existing and new connectors and reduces future maintenance costs. Gravity Sewers Interceptors 200 years Trunks 100 years Mains (Renovated by District) 75 years Treatment Plant, Pumping Station & Recycled Water Facilities Structure /Foundations 75 years Mechanical, Electrical & Control Equipment 20 years General Improvements Buildings 50 years Mechanical /Electrical Equipment and Furnishings 20 years Vehicles and other Equipment 10 years Major Repairs 10 years ♦ Fund Balances: Prior fiscal year -end balances for the Sewer Construction, Running Expense, and Self Insurance Funds are used. The Sewer Construction Fund Balance is reduced by the principal value of the District's outstanding debt. Capacity Fee Proposal - March 2007 Page 3 After estimating the "current value" for an asset category, the component of the Capacity Fee attributable to that category is calculated by dividing current value by the current number of customers (number of Residential Unit Equivalents: "RUE "): Buy -in Fee = Value of Assets Number of Customers (RUE) RECOMMENDED CAPACITY FEE INCREASES Staff recommends that the Board consider adopting Capacity Fees for the 2007 -08 fiscal year by applying the valuation approach and facilities life cycles described above. The proposed fees are: Fee Category Current Proposed % change Gravity Service $4,263 per RUE $4,524 per RUE 6.1% Pumping Service $5,667 per RUE $5,934 per RUE 4.7% The calculation of these proposed fees is shown in Table 1. Staff estimates that the recommended fees would generate about $400,000 of additional Capacity Fee revenue in 2007 -08 based on an estimated 1,500 new connections. The proposed capacity fee increases are principally due to inclusion of the $32.1 million current value of CCCSD's investment in rep lacement/renovation of main sewer facilities since 1988 in the fee calculation for the first time this year. A smaller portion of the increase is due to CCCSD's 2005 -06 investment in additions and improvements to other facilities of about $18.7 million. The fee calculation approach is a rational, practical, equitable and defensible method to determine the financial burden of new connections. A comparison of the proposed Capacity Fees to the fees charged by neighboring agencies is presented in Table 2. JM2:mbs O r N N O is LL �t t0 O O N O M to O � L o °1 N O L LL d 7 C� � 3 V U U� d 4) Q LL — a LU w o m C. HU°? to w O C � O 00 o N Q C m d v = L � y L a- L) d Y C !0 O L U U W i[ � m a � U m LL > C Q L L U 3 O d U d fA Q M v m N O< t0 N m N le sr r W O to w I to 1, tt9 W V t0 to V! 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E+ a�J _o ad.1 C 05 j v 16 m r O m o LO E IL � 'a a P, Q C O x V V d t) E v 0 y 7 ` o ca v °— 'HC�Ca c� o ~ V O m J O h r n N N fA d V C m C LL d d N 0 V R � m ,a LL = m � (A LL CL U x = J W Q cm > = y J C co) O M A t0 t0 N t0 w N W W o e r � t0 a r n t0 t0 W W N M U) m .1 tri w w V 4) 4 4) CL c� a t � U. LL C. C. V U Table 2 COMPARISON OF CAPACITY FEES Agency Capacity Fee Dublin San Ramon Services District $11,050 Mountain View Sanitary District $7,786 Proposed CCCSD Pumped Zone $5,934 Current CCCSD Pumped Zone $5,667 Pittsburg (Delta Diablo Sanitation District for Treatment) $5,315 Antioch (Delta Diablo Sanitation District for Treatment) $5,098 Proposed CCCSD Gravity Zone $4,524 Current CCCSD Gravity Zone $4,263 Concord $3,972 Bay Point (Delta Diablo Sanitation District for Treatment) $3,375 West County Wastewater District $2,202 Other agencies' fees are for 2005 -06 CENTRAL CONTRA COSTA SANITARY DISTRICT Proposal to Revise Environmental and Development - Related Rates and Charges March 2007 OVERVIEW The Central Contra Costa Sanitary District (District) Board of Directors will soon consider adopting an ordinance to revise Chapter 6.30, Schedule of Rates and Charges, for various environmental and development - related services. If adopted, these increases in 2007 -08 would total approximately $50,000 to $70,000 in additional District revenue. BACKGROUND Chapter 6.30 of the District Code includes a schedule of rates and charges for environmental and development - related services provided to contractors, developers, septic and grease waste haulers, and permitted industrial users. These services include permit counter assistance, plan review, inspection of construction for laterals and main line extensions, addition of new sewers, parcels, and permit information to District maps, source control permits and inspections, and septic and grease hauler sampling and treatment. These rates and charges are intended to recover the District's direct and indirect labor costs, other operating expenses, and administrative overhead incurred in providing each service. These rates and charges were last reviewed in 2006. District staff annually reviews the rates and charges to assess whether changes are appropriate. This year, as in the past, the District has re- evaluated the rates and charges for the categories of Development Plan Review, Construction Inspection, Collection System Services, Right - of -Way, and Miscellaneous. The recommended rates and charges are explained in the following pages. District staff has proposed that environmental rates and charges for industrial user permits and septage /grease disposal remain unchanged. PROPOSED RATES AND CHARGES The State of California mandates that revenues from these sources not exceed the cost of providing services. Following it's review, District staff recommends that most rates and charges be increased by 3.5 -5.0 %, a few be decreased or remain unchanged, and some new charges be added. Table 1 presents a comparison of the current and proposed rates and charges with indications of which are new charges. Proposal to Revise Development - Related Rates and Charges March 2007 Page 2 Factors contributing to the proposed changes include: 1) adjustment for increased salaries, benefits and overhead; 2) a re- evaluation of the actual level of effort for some of the tasks as currently performed; and 3) new charges added to simplify administration. Increases of 3.5 - 5.0% are recommended for most of the rates and charges to account for higher salaries, benefits, and overhead. Decreases are recommended for the fees listed below: • Staff proposes that the "Right of Way Document Review — Appurtenance (each additional)" fee be reduced from $246 to $185 (25.0 %) to recognize the lesser required level of effort for review of "appurtenant" easements proposed for new main sewer alignments. • Staff proposes that the "Reimbursement Program — Set -up Fee" be reduced from $749 to $685 (8.5 %), and the "Reimbursement Program — Transaction Fee" be reduced from $161 to $154 (4.4 %) to reflect newly developed efficiencies in the program and changes in staff assigned to the work. • Staff proposes that the "Special Studies" review fee be reduced from $490 to $469 (4.3 %) to recognize the lesser required level of effort for review of new commercial businesses that request that a study for the calculation of capacity fees. • Staff proposes that the "Private Pumping System Plan Check Fee - Pump with Outside Force Mains" be reduced from $774 to $348 (55.2 %), and the "Private Pumping System Plan Check Fee - Pump Only" be reduced from $223 to $194 (13.0 %) to reflect newly developed efficiencies in the program and changes in staff assigned to the work. KD:mvp TABLE 1 CENTRAL CONTRA COSTA SANITARY DISTRICT COMPARISON OF CURRENT & PROPOSED RATES & CHARGES (2007 -08) Fee Category Current Fee I Proposed Fee % Change (A) DEVELOPMENT AND PLAN REVIEW Review of new sewer plans and related documents, review of plans for and processing of residential and commercial permit applications; installer reimbursement of sewer construction costs from subsequent connectors; identification of right -of -way conflicts, and interest rates for District programs. (A -1) Development Review: Mainline Plan Review (2 preliminary + 1 final plan reviews): Base Fee $420 $441 5.00 Per Foot Charge (in street) $3.24 $3.40 5.0% Per Foot Charge (in undeveloped land) $2.59 $2.72 5.0% Each additional plan review: Base Fee $140 $147 5.0% Per Foot Charge $1.08 $1.13 5.0% Special Cut Sheet Review $177 $186 5.0% Manhole only design & plan review $622 $653 5.0% Right of Way Document Review - IOD / Sub Map (each): $513 $539 5.0% (NEW) Right of Way Document Review - No Changes Required $350 new fee Right of Way document review - Appurtenance (initial): $477 $501 5.0% Appurtenance (each additional) $246 $185 - 25.0% Commercial development plan check (new connections) 1 $166 1 $174 5.0% (A -2) Application Fees Basic Application (side sewer work, easement staking) $79 $83 5.0% Existing parcel - new sewer service $108 $113 5.0% New parcel - new sewer service $173 $182 5.0% Commercial Application $177 $186 5.0% Capacity Use Program $158 $166 5.0% (A -3) Reimbursement Accounts: Set -up fee $749 $685 -8.5% Transaction fee $161 $154 -4.4% (A -4) Commercial Business Plan Review (added square footage, food service) Added Square Footage, Food Service $109 $114 5.0% Special Studies (minimum) $490 $469 -4.3% Source Control Review $169 $177 5.0% (NEW) Grease Variance Review (includes site visit) $266 new fee (A -5) Private pumping system plan check Pump with Outside Force Main $774 $347 -55.2% Pump Only $223 $194 -13.0% (NEW) Additional Review $143 new fee (NEW) Pre - approved Pump System $143 new fee Annexation Fee $509 1 $534 1 5.00 (A -7) Special Approvals $183 $192 5.0% 2007 -08 Rates & Charges Comparison (no links) Page 1 TABLE 1 CENTRAL CONTRA COSTA SANITARY DISTRICT COMPARISON OF CURRENT & PROPOSED RATES & CHARGES (2007 -08) Fee Category Current Fee I Proposed Fee % Change (B) CONSTRUCTION INSPECTION Inspection of new sewer main construction and new connections and other sewer work on private property (includes TV inspection when appropriate). (B -1) Mainline Inspection: Base Fee $601 $631 5.0% Per Foot Charge (in street) $7.55 $7.93 5.0% Per Foot Charge (in undeveloped land) $5.04 $5.29 5.0% (B -2) Inspections by type: Side Sewer Installation / Repair per 100 feet: $124 $130 5.0% Single Inspection Charge (e.g. sewer connection; encroachment verification; side sewer cap on property; tap and lateral (new or replacement); air test; reinspection; trash enclosure w/o trap) $124 $130 5.0% Manhole tap; lateral abandonment at main; pipe bursting $248 $260 5.0% Manhole Alteration; Side Sewer CIPP repair $372 $390 5.0% New Manhole; New Rodding Inlet; Outside Pump Installation $496 $520 5.0% Grease / Sand / Oil Interceptor / Trap; Trash Enclosure w/ trap $744 $780 5.0% (B -3) Overtime inspection: First Hour $83 $86 3.5% Every hour thereafter $54 $56 3.5% Weekend /Holiday (New Year's Day, Martin Luther King, President's Day, Memorial Day, July 4th, Labor Day, Veteran's Day, Thanksgiving, Christmas) - 4 hr. minimum $245 $254 3.5% (B -4) I Inspection of non - permitted work (+ avoided charge) $372 $390 5.0% 2007 -08 Rates & Charges Comparison (no links) Page 2 TABLE 1 CENTRAL CONTRA COSTA SANITARY DISTRICT COMPARISON OF CURRENT & PROPOSED RATES & CHARGES (2007 -08) Fee Category Current Fee I Proposed Fee % Change (C) COLLECTION SYSTEM SERVICES TV inspection of sewers conducted separate from a construction inspection activity, verification of sewer location and sewer service connection. (C -1) TV Inspection: Weekday, hourly rate $169 $177 5.0% Minimum Charge (2 hr min) $338 $355 5.0% Overtime - First Hour $121 $125 3.5% Overtime - Each Additional Hour $99 $102 3.5% Overtime - Weekend / Holiday (4 hr min) $418 $433 3.5% (C -2) Dye test $288 $302 5.0% (C -3) Collection system repair Actual Expense Actual Expense (C -4) Cancelled TV Inspection without prior notice $293 $308 5.0% (C -5) Sewer locating and marking 1 $246 1 $258 5.0% (D) RIGHT -OF -WAY Establishing right -of -way agreements and resolving conflicts. (D -1) Process Quitclaim Deeds $804 $844 5.0% (NEW) Process Quitclaim Deed - plat and legal by others $513 new fee (D -2) Process Real Property Agreement, License, or Easement Base Fee (2 hours) $661 $694 5.0% Each Additional Hour $103 $108 5.0% (D -3) Right -of -way Research /Encroachment Resolution Fee Actual Expense Actual Expense (D -4) Right of Entry / Encroachment Permit Fee $90 $95 5.0% (E) MISCELLANEOUS District services provided for private sewer projects. (E -1) Engineering - private sewer projects Actual Expense Actual Expense (E -2) Soil evaluation - private sewer projects Actual Expense Actual Expense (E -3) Surveying Actual Expense Actual Expense (E -4) Minimum annual interest rate for CADS and Capacity Use Program 6.00% 6.00% no change Document / Plan Copying Fees 8 1/2" x l l "; 81/2"x14"; 11" x 17" (per sheet) $0.15 $0.15 no change 24" x 36" Plan (per sheet) $3.00 $3.00 no change CCCSD Standard Specifications $20.00 $20.00 no change 2007 -08 Rates & Charges Comparison (no links) Page 3 TABLE 1 CENTRAL CONTRA COSTA SANITARY DISTRICT COMPARISON OF CURRENT & PROPOSED RATES & CHARGES (2007 -08) Fee Category Current Fee I Proposed Fee % Change (F) INDUSTRIAL PERMIT FEES Permiting and inspection of industries and other commercial dischargers to ensure availability and use of pretreatment processes. Base permit fee of Base permit fee of (F -1) Class I Fees $3,256 + cost of $3,256 + cost of no change g District's lab District's lab analysis analysis Base permit fee of Base permit fee of (F -2) Class II Fees $3,256 + cost of $3,256 + cost of no change District's lab District's lab analysis analysis (F -3) Class III Fees $0 $0 no change (F -4) Industrial user permit application fee $0 $0 no change (F -5) Special discharge permit application fee (`) No on -site inspection $65 each $65 each no change On -site inspection Base fee of $345 Base fee of $345 no change (G) SEPTAGE DISPOSAL ( *`) Sampling and disposal of septic waste and grease. (G -1) Annual permit fee $1,650 $1,650 no change (G -2) Residential septic/toilet waste < 2,000 gallons $18 + $0.14 /gal $18 + $0.14 /gal no change > 2,000 gallons $58 + $0.14/gal $58 + $0.14 /gal no change (G -3) Restaurant grease waste < 2,000 gallons $18 + $0.02/gal $18 + $0.02/gal no change > 2,000 gallons $58 + $0.02/gal $58 + $0.02/gal no change ( *) Additional charges to be billed separately if staff time incurred is above that included in the base fee. ( * *) Other approved waste will be charged at the residential septic and portable toilet waste rate unless actual strength characteristics are provided. 2007 -08 Rates & Charges Comparison (no links) Page 4 6.a.1 Central Contra Costa Sanitary District Proposed 2007 -08 Capacity Fees and Development - Related Rates & Charges General Manager's Report March 1, 2007 Capacity Fees • This one -time "buy -in" fee is charged at time of connection and is used for capital facility needs. Annual Capacity Fee revenue has varied between 15 -45% of total Sewer Construction Fund revenue since it is dependent on rate of development. • Capacity Fees are adjusted annually to avoid larger increases that would be likely for multi- year adjustments. Schedule for Updating Capacity Fees and Development - Related Fees & Charges • GM's Report - - - - -- - Give Staff direction. March 1, 2007 • Set Public Hearing Date ---------- - - - - -- March 15, 2007 • Outreach Program --- - - - - -- March 16 to April 19, 2007 • Conduct Public Hearing April 19, 2007 • Fees & Charges effective ------------- - - - - -- July 1, 2007 Capacity Fee Approach • "Buy -in" calculation: Value of Assets ---------------- - - - - -- = Capacity Fee Number of RUE PA Value of Assets • Total Assets — 2006 -07: $ 736 million - Excludes Mains Contributed by Private Parties • Increase for 2007 -08: $ 59 million - Facilities Added - Renovated Mains (1988 -2006) - Escalation /Depreciation - Change in Fund Balances • Total Assets — 2007 -08: — $ 795 million - Excludes Contributed Mains New this year, staff proposes that District investment in main sewer renovation be included in the inventory of assets included in determining Capacity Fees Renovated Main Sewers • Staff recommends including the current value of the District's investment in renovation of main sewers in the inventory of assets: - Value of original construction is not included since the private party in need of service pays for the main sewer and dedicates it to the District. - However, as with any other District facility, renovation maintains a sewer's capacity for both current and future customers and restores its asset value for a new service life- cycle, and so should be included. I<3 Calculation of Capacitv Fees • Gravity Service: 2007 -08: Assets $ 730,401, 702 --------------- - - - - -- = $4,524 RUE 161,463 • Pumped Service (add to Gravity Service) 2007 -08: Assets $ 64,836,008 --------------- - - - - -- _ ------------ - - - - -- = $1,466 RUE 44,208 Total Fee = $4,524 + $1,466 = $5,990 (Gravity + Pumped) Recommended Capacity Fees Current Proposed %, (per RUE) (per RUE) Change • Gravity Zone: $4,263 $4,524 +6.1% • Pumped Zone: $5,667 $5,990 +5.7% 4 Additional Revenue Potential • 2007 -08 (assuming 1,500 new units) — Gravity Zone (500 units) — Pumped Zone (1,000 units) Additional from Fee Increase TOTAL $ 130,000 $2,262,000 $ 320,000 $5,990,000 Environmental Services and Development - Related Rates & Charges • Recommended Rates and Charges: - Follow recent approach of annual adjustment for general increases in salaries, benefits and overhead to avoid larger multi -year adjustments. • Most would increase 3.5% * or 5.0% * *, some would decrease or remain unchanged, a few would be added, and a few eliminated. • Additional Revenue in 2007 -08: $50,000 - $70,000 * 3.5% for fees related to Overtime Staff Labor (Benefits and Overhead not charged) ** 5.0% for fees related to Regular Staff Labor (includes Benefits and Overhead 5 Planned Public Outreach • 350 Letters to Interested Customers: — Home Builders Association — Applicants, Developers, Engineers, Business Owners and Contractors • Meetings with Customers (tentative dates) — Tuesday - April 10, 2007 at 7 pm — Wednesday - April 11, 2007 at 10 am Schedule for Updating Capacity Fees and Development - Related Fees & Charges • GM's Report --------------------------- - - - - -- March 1, 2007 - Give Staff direction. • Set Public Hearing Date ---------- - - - - -- March 15, 2007 • Outreach Program • Conduct Public Hearing • Fees & Charges effective March 16 to April 19, 2007 April 19, 2007 July 1, 2007 9 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 7.a. ENGINEERING Type of Action: ACCEPTANCE OF ANNUAL REPORT Subject: BOARD ACCEPTANCE OF THE 2006 RECYCLED WATER QUALITY AND DISTRIBUTION ANNUAL REPORT Submitted By: Initiating Dept. /Div.: Bhupinder S. Dhaliwal, Plant Operations /Plant Operations Laboratory Superintendent REVIEWED AND RECOMMENDED FOR BOARD ACTION: s� 19 B. Dhaliwal D. erger DfCraig A. Farrell James M. Kelly, VGeneral Manager ISSUE: The Central Contra Costa Sanitary District's (District) 2006 Recycled Water Quality and Distribution Annual Report has been prepared for submission to the California Regional Water Quality Control Board (RWQCB), San Francisco Bay Section. This annual report is presented for Board of Directors' information and acceptance. RECOMMENDATION: Accept the 2006 Recycled Water Quality and Distribution Annual Report. FINANCIAL IMPACTS: None ALTERNATIVES /CONSIDERATIONS: Reject the 2006 Recycled Water Quality and Distribution Annual Report, which is not recommend. BACKGROUND: The District distributed about 174 million gallons of recycled water to various customers in the District's service area. This is about 4 million gallons more than last year. In 2006 the District connected its first recycled water truck washing facility — the new Conco Corporation Yard in Martinez. Additionally, District staff completed the marketing efforts for the planned expansion of the recycled water program for the Diamond Boulevard and Meridian Park Boulevard areas of the city of Concord. To date, we have received commitments from over 15 businesses to use our recycled water for landscape irrigation. It is projected that these businesses will increase our recycled water distribution by approximately 30 percent. Upon acceptance of this report by the Board of Directors, the report will be submitted to the RWQCB. RECOMMENDED BOARD ACTION: Accept the 2006 Recycled Water Quality and Distribution Annual Report. N: \POSUP \Correspondence \Position Papers\2007\2006 Rec Wtr Annual Report.doc Page 1 of 1 7a. 2006 RECYCLED WATER QUALITY AND DISTRIBUTION REPORT Don Berger Board Meeting March 1.. 2007 2006 RECYCLED WATER REPORT • Required by General Order 96 -011 • Includes all required elements: • Recycled water quality • Recycled water used by customer • List of new customers • Tabulation of customer inspections • Summary of violations • Status of recycled water development 1 2006 RECYCLED WATER REPORT • Recycled Water Quality — In Compliance • Recycled Water Used ■ 174 mgal to customers ■ 400 mgal to Treatment Plant • New Customers • Conco — Truck Washing Facility • District Properties — HOB Annex & Warehouse • Stubbs Road Triplexes 2006 RECYCLED WATER REPORT • Inspections /Violations: Good Compliance • Recycled Water Development • "A" Line Extension (Diamond Blvd Area) ■ Commitments from over 15 businesses ■ 60 mgal /year demand for landscape irrigation • Buchanan Fields Salt Study • Electronic meters • Completed Recycled Water Program Manual RAI Hilton Hotel Chevron Business Park Concord Airport Plaza ACKNOWLEDGEMENTS • Water produced by the Treatment Plant and monitored by the Laboratory • Program administered and managed by the Engineering Department • Distribution system operated by Collection System Operations • Distribution system repairs by Contra Costa Water District 4 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 8.a. COLLECTION SYSTEM Type of Action: ACCEPTANCE OF REPORT subject: BOARD ACCEPTANCE OF 2006 COLLECTION SYSTEM SANITARY SEWER OVERFLOW ANNUAL REPORT Submitted By: Initiating Dept. /Div.: Bill Echols, Collection System Collection System Operations Department/ Operations Superintendent Field Operations REVIEWED AND RECOMMENDED FOR BOARD ACTION: B. Edhols W. Brennan ma�-- James M. Kelly, General Manager ISSUE: The Central Contra Costa Sanitary District's (District) Sanitary Sewer Overflow (SSO) Annual Report has been prepared for submission to the California Regional Water Quality Control Board ( RWQCB), San Francisco Bay Section. This annual report is presented for the District Board of Directors' information and acceptance. RECOMMENDATION: Accept the 2006 Collection System SSO Annual Report. FINANCIAL IMPACTS: None ALTERNATIVES /CONSIDERATIONS: None BACKGROUND: The 2006 Collection System SSO Annual Report summarizes the overflows that occurred in the District's sanitary sewer system during the period January 1, 2006, through December 31, 2006. This is the second SSO Annual Report to be submitted pursuant to the RWQCB's recently revised requirements for reporting SSOs. The report summarizes the number and size of SSOs, the causes of SSOs, locations of the SSOs, SSO trends, and the status of the preparation of our sewer system management plan (SSMP). One of the highlights of the report is the steady reduction in overflows over the past five years; in 2006 alone overflows decreased by 38% from the previous year. There were no overflows from pumping stations or force mains. Upon acceptance of this annual report by the District Board of Directors, it will be submitted to the RWQCB. The RWQCB requires the 2006 SSO Annual Report to be submitted by March 15, 2007. RECOMMENDED BOARD ACTION: Accept the 2006 Sewer System Overflow Annual Report. CSO /C: \DOCUME- 1 \pkast \LOCALS -1 \Temp \SSO Annual Rpt- 2006.doc ' Central Contra Costa Sanitar y District 1 5019 Imhoff Place, Martinez, Ca 94553 (925) 228 -9500 • www.centralsan.org March 10, 2007 Bruce H. Wolfe, Executive Officer California Regional Water Quality Control Board San Francisco Bay Region 1515 Clay Street, Ste. 1400 Oakland, CA 94612 Attn.: Michael Chee Dear Mr. Wolfe: ANNUAL REPORT OF SANITARY SEWER SYSTEM OVERFLOWS FOR CALENDAR YEAR 2006 The purpose of this letter is to report the Sanitary Sewer System Overflows (SSOs) that occurred in the Central Contra Costa Sanitary District sanitary sewer system during the period January 1, 2006, through December 31, 2006. This report is submitted pursuant to the requirements included in the San Francisco Bay Regional Water Quality Control Board Letter, New Requirements for Reporting Sanitary Sewer System Overflows, dated November 15, 2004. Number and Size of SSOs The total number of SSOs for the reporting period was 73. All of the SSOs were associated with gravity sewers. We experienced no overflows as a result of surcharging in wet weather conditions. The sizes of SSOs are summarized as shown on Table 1. Table 1. Number of SSOs Size of SSO (gallons) Number Percent of Total by Number Greater than or equal to 1,000 3 4% Between 100 and 999 10 14% Between 10 and 99 38 52% Less than 10 22 30% Public portion of lateral N/A — Total 73 100% The volume of spills contained and returned to the sewer system, as well as the volume reaching the waters of the State, is shown in Table 2. CSO /CADOCUME- 1 \pkast \LOCALS -1 \Temp \GWViewer\Annual Report 2006.doc ® Recycled Paper Mr. Bruce H. Wolfe March 10, 2007 Page 2 of 4 Table 2. Volume of SSOs None of the SSOs exceeded 7,000 gallons in volume. This report does not include SSOs that occurred from private sewer service laterals within the Central Contra Costa Sanitary District jurisdiction that were caused by conditions in privately owned laterals or on private property. The property owners are responsible for the condition and operation of those sewer service laterals. Cause of SSOs The predominant causes of SSOs during the period of this report were roots and grease. The distribution of SSOs by cause is shown on Table 3. Table 3. Causes of SSOs Cause of SSO Volume (gallons) Percent of Total by Volume Total volume contained and returned to sewer system for 15,089 68% treatment 7 10% Total volume reaching waters 1,527 7% of the State — — Total volume not contained but 1 1 % not reaching waters of the 5,727 26% State — — Total 22,343 100% None of the SSOs exceeded 7,000 gallons in volume. This report does not include SSOs that occurred from private sewer service laterals within the Central Contra Costa Sanitary District jurisdiction that were caused by conditions in privately owned laterals or on private property. The property owners are responsible for the condition and operation of those sewer service laterals. Cause of SSOs The predominant causes of SSOs during the period of this report were roots and grease. The distribution of SSOs by cause is shown on Table 3. Table 3. Causes of SSOs Cause of SSO Number Percent of Total Blockage: Roots 52 71% Grease 7 10% Debris (rags, rock, paper) 8 11% Debris from laterals — — Vandalism 1 1 % Animal carcass — — Construction debris — — Multiple causes — — Subtotal for blockages 68 93% Infrastructure failure 4 5% Inflow and infiltration — — Electrical power failure — — Flow capacity deficiency — — Natural disaster — — Bypass — — CSO /C: \DOCUME- 1 \pkast \LOCALS -1 \Temp \GWViewer\Annual Report 2006.doc Mr. Bruce H. Wolfe March 10, 2007 Page 3 of 4 Cause of SSO Number Percent of Total Cause unknown 1 1 % Total 73 100% Location of SSOs Fifty -three of the 73 overflows that occurred during the 12 -month reporting period took place in three of the cities in our service area: Orinda, Walnut Creek and Lafayette. Our Engineering department is currently working on multi - phased rehabilitation projects in these three cities, as well as other areas in our service district. The Collection System Operations department is expanding its quality cleaning and chemical root - control programs in these areas as well. Only one repeat overflow occurred this year on a flat -grade line in Orinda. The line had historically been on a one -year cleaning schedule; after the first overflow it was put to a six -month schedule. The second overflow occurred a month later when the line plugged with grit and debris, resulting in its move to a one -month alternating (power rod /hydroflush) schedule. The line is currently under consideration by the Engineering department for replacement in the summer of 2007. SSO Trends The following graph shows a comparison of data for the current reporting period with previous reporting periods. Figure 1. Total SSOs 2003 — 2006 Updated through December 2006 Year: 2003 2004 2005 2006 TotalO /Fs by year: 1 1351 1231 107 731 Comparison of Cumulative Overflows YTD comparison: 1 1351 1231 1071 73 JAN 14 11 19 8 180 FEB 19 18 11 9 15 12 2 18 5 140 - -� - -- MAY 9 6 JUN 8 4 9 5 120 - - - -- JUL AUG 15 12 6 8 5 3 7 6 100 -� — - - SEP 12 7 12 3 80 OCT NOV 4 10 10 15 8 5 3 8 60 DEC 12 11 8 8 40 f -- -' - - -- - - 20 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 1--&-2003 - 0-2004 +2005 (2006 CSO /C: \DOCUME- 1 \pkast \LOCALS -1 \Temp \GWViewer\Annual Report 2006.doc Mr. Bruce H. Wolfe March 10, 2007 Page 4 of 4 Status of Development of Sewer System Management Plan (SSMP) CCCSD is on track to comply with the requirements detailed in the 13267 Letters sent out to Sewer System Authorities dated July 7, 2005. Certification I certify under penalty of law that this document and all attachments are prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Sincerely, William E. Brennan Director of Collection System Operations WEBNVLE /rab CSO /C: \DOCUME- 1 \pkast \LOCALS -1 \Temp \GWViewer\Annual Report 2006.doc N . Revision to the ANNUAL REPORT OF SANITARY SEWER OVERFLOWS FOR CALENDAR YEAR 2006 Location of SSOs Fifty -three of the 73 overflows that occurred during the 12 -month reporting period took place in three of the cities in our service area: Orinda, Walnut Creek and Lafayette. Our Engineering department is currently working on multi - phased rehabilitation projects in these three cities, as well as other areas in our service district. The Collection System Operations department is expanding its quality cleaning and chemical root - control programs in these areas as well. There were three repeat overflows in 2006. Only one The first repeat overflow occurred this year on a flat -grade line on Brookwood in Orinda. The line had historically been on a one -year cleaning schedule; after the first overflow it was put to a six -month schedule. The second overflow occurred a month later when the line plugged with grit and debris, resulting in its move to a one -month alternating (power rod /hydroflush) schedule. The line is currently under consideration by the Engineering department for replacement in the summer of 2007. The second repeat overflow occurred on Glorietta Boulevard in Orinda. The first overflow caused the line to be moved from a three month schedule to a one month schedule. The results of the first three months of cleaning caused the schedule to be moved out to two months and the line was successfully cleaned until the second overflow. The cause of the second overflow was determined to be a faulty pipe that has now been repaired. The third repeat overflow occurred on El Toyonal Drive in Orinda. CCTV work on the first overflow in this line segment, which was due to rags and paper, identified pipe condition as a contributing factor. It did not appear to warrant an immediate repair. Line cleaning was changed from six month to three month frequency and the second overflow occurred in the month scheduled for cleaning. This overflow resulted in a repair. Annual Report of Sewer System Overflows Bill Brennan Collection System Operations Department Director March 1, 2007 A Report to the RWQCB • Second year for all- electronic SSO reporting • CSO reports electronically to Regional Board within ten business days of overflows >100 gallons • 24 hours for overflows > 1,000 gallons. • CSO now tracks our follow -up actions and response to every overflow and all stoppages 1 This Year and Last: -2005- Size of SSO (gallons) Number Percent of Total by Number Greater than or equal to 1,000 7 7% Between 100 and 999 15 14% Between 10 and 99 85 79% Less than 10 (added to line above) — Total 107 100% — 2nnR Size of SSO (gallons) Number Percent of Total by Number Greater than or equal to 1,000 3 4% Between 100 and 999 10 14% Between 10 and 99 38 52% Less than 10 22 30% Total 73 100% Contained and Treated: Wastewater Treated and Discharged 17,500,000,000 gallons Untreated Wastewater Not Contained 7,254 gallons Percentage Untreated 0.0000414% Percentage Treated 99.9999586% Overflow Causes _ 2nns _ Cause of SSO Number Percentage of Total Roots 68 64 0k Grease 12 11% Debris (rags, rock, paper) 11 10% All other 16 150/0 —2006— Cause of SSO Number Percentage of Total Roots 52 71% Grease 7 10% Debris (rags, rock, paper) 8 11% All other 6 71 Geographical Trends a 5 to 15 20 25 canto Dandle Lafayette Martinez [i Roots Moraga 1 ■ Other Orhda P IN .tt Ha 0 Wahut Crook I ; 2006 Overflows by Cause and Location Overflows Comparison 2003-2006 W141 ■ ■ WEE ■ ■ ■ ■ ■■ IMEN IIWEN NIP. OMEN -% Summary • Overflows down 32% from 2005 • No capacity overflows in wet weather • No pumping station overflows Questions? Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 1, 2007 No.: 9.b. BUDGET AND FINANCE Type of Action: AUTHORIZE PUBLIC NOTICE subject: AUTHORIZE THE SECRETARY OF THE DISTRICT TO PROVIDE PUBLIC NOTICE OF PROPOSED SEWER SERVICE CHARGE INCREASE Submitted By: DEBBIE RATCLIFF InitiatingDept✓Div.: ADMINISTRATIVE CONTROLLER REVIEWED AND RECOMMENDED FOR BOARD ACTION. D. Ra A. Wsgraves K. Alm James M. Kelly, General Manager ISSUE: To comply with Proposition 218 public notice requirements, the District must provide 45 days written notice to ratepayers prior to considering a proposed Sewer Service Charge rate increase at a public hearing. RECOMMENDATION: Authorize mailing a public notice of a proposed two -year Sewer Service Charge rate increase of up to $11 for Fiscal Year 2007 -2008, effective July 1, 2007; and up to $11 for Fiscal Year 2008 -2009, effective July 1, 2008. FINANCIAL IMPACTS: The cost of mailing the public notice by postcard to District ratepayers is estimated to be approximately $72,000. ALTERNATIVES /CONSIDERATIONS: Forgo a public notice and do not propose a Sewer Service Charge increase or notice an amount less than $11 per year. BACKGROUND: Proposition 218 requires written public notice of Sewer Service Charge increases, and the scheduled public hearing in addition to a required legal notice published in the newspapers. Compliance with Proposition 218 requires the District to provide at least 45 -day notice to all rate paying property owners for a Sewer Service Charge rate increase. For such notice to be given before the June 7, 2007, Public Hearing, mailing preparations must begin before March 15, 2007. As discussed with the Board at the January 25, 2007, Financial Planning and Policy Workshop, based on the operating and capital needs, regulatory compliance in future years and prudent reserve levels, a two -year Sewer Service Charge rate increase was recommended by staff. The Board is scheduled to consider setting the amount of the increase after a Public Hearing on June 7, 2007. To increase the Sewer Service Charge rate, a notice must be sent to ratepayers that specifies the maximum amount of the increase and includes language indicating an amount of up to $11 per year each year for two years. The $11 increase would be used to offset the costs of inflationary increases, salary and benefit cost increases, and capital projects. A copy of the N:\ADMINSUP\ADMIN \POSPAPER \Sewer Service Charge Public Hearing 03- 01- 07.doc POSITION PAPER Board Meeting Date: MARCH 1, 2007 Subject: AUTHORIZE THE SECRETARY OF THE DISTRICT TO PROVIDE PUBLIC NOTICE OF PROPOSED SEWER SERVICE CHARGE INCREASE proposed public notice is attached for the Board's consideration. The Board will set the Sewer Service Charge rate at the Public Hearing on June 7, 2007. In order to comply with the Proposition 218 timeline and provide the 45 -day ratepayer notice, Board comments are requested on the proposed public notice and authorization is requested for mailing the public notice to residential and nonresidential customers. RECOMMENDED BOARD ACTION: Authorize the Secretary of the District to provide public notice of the proposed two -year Sewer Service Charge rate increase of up to $11 for Fiscal Year 2007 -2008, effective July 1, 2007; and up to $11 for Fiscal Year 2008- 2009, effective July 1, 2008. N:\ADMINSUP\ADMIN \POSPAPER \Sewer Service Charge Public Hearing 03- 01- 07.doc EDRAFT Jl Central Contra Costa Sanitary District NOTICE OF PROPOSED INCREASE IN ANNUAL SEWER SERVICE CHARGE Dear Property Owner: Central Contra Costa Sanitary District (CCCSD) provides sanitary sewer, household hazardous waste collection, and recycled water services in the central county area. Sanitary sewer service includes building, operating and maintaining public sewer pipelines, the wastewater treatment plant in Martinez, and the pipeline that discharges clean, treated water to Suisun Bay. To pay for these services, CCCSD collects an annual Sewer Service Charge from each property connected to the sewer system. The service charge rates are calculated for each customer group based on the cost to provide service considering both the quantity of sewage discharged and other sewage characteristics affecting the cost for treatment. For most property owners, this charge is billed as a line item labeled "CCCSD SEWER CHG" on the property tax bill they receive from Contra Costa County. For about 300 properties, particularly government and non - profit facilities, CCCSD bills the property owners directly. FOR RESIDENTIAL CUSTOMERS, each single - family home, mobile home, townhouse, condominium, apartment, and other multi - family home is charged a uniform rate for sewer service. The current residential rate is $289 per year. The Board will be considering an increase up to $11 per year or $300 for Fiscal Year 2007 -2008, effective July 1, 2007; and an increase up to $11 per year or $311 for Fiscal Year 2008 -2009, effective July 1, 2008. This is an increase of 3.8% the first year and 3.7% the second year. This service charge increase is necessary to pay for increases in costs due to inflation, additional pollution prevention programs to meet National Pollution Discharge Elimination System (NPDES) permit requirements, collection system improvements to meet new regulations regarding overflow reductions, and needed pipeline and facility improvements. FOR NONRESIDENTIAL CUSTOMERS ONLY, the service charge increases being considered are shown on the reverse side of this notice. NOTICE IS HEREBY GIVEN, that the Board of Directors of the Central Contra Costa Sanitary District will hold a PUBLIC HEARING on this matter in the CCCSD Meeting Room, 5019 Imhoff Place, Martinez, California, on Thursday, June 7, 2007, at 2:00 p.m. at which time and place interested persons may appear and be heard. Written comments or protests may be mailed to the Secretary of the District at 5019 Imhoff Place, Martinez, CA 94553, or emailed to rates(aD_centra/san.dst.ca.us and must be received by 5:00 p.m. on May 30, 2007 to ensure a full review. If you have questions about the proposed Sewer Service Charges, please call CCCSD's Environmental Services Division at (925) 335 -7739. Notice mailed prior to April 24, 2007 N: \ADMINSUP\ADMIN \RATCLIFF\Notice of Proposed Increase in SS Charge 2007.doc elf Recycled Paper DRAFT CO CO M CO r- CA O 0 Cl 0 0 0 >+ O O 0 N N 0 O 0 0 0 0 0 N O a) co :-N O CO Cn CO N CO CO r-� .- r- to = Co EZoO N3 E1).E0?Efl69 M co C00 0000 M C a EA _ EST ea aZi o c mom co -0 00 'a o cc ELL o W (L> N co LU = >, (D a� c O 1' O a) EU 'o M rn 3 a co a) a. rn LO L y 0 o O� voi a = �a o c CCU -. o. o N a ' d O O y Cn CL Q �• d O Co Co L = N O O Lo 1- w. 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