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HomeMy WebLinkAbout6/5/2008 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No.: 4.d. Consent Calendar Type of Action: INFORMATIONAL subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE LOWER ORINDA PUMPING STATION RENOVATION PROJECT, DISTRICT PROJECT 5448 Submitted By: Initiating Dept. /Div.: Andrew Antkowiak, Senior Engineer Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: A. A �/A -0" A. Antkowiak i A. Farrell J mes M. elly, eneral Manager ISSUE: All work has been completed on the Lower Orinda Pumping Station Renovation Project, District Project 5448, and this project can now be closed out. RECOMMENDATION: Close out the project. FINANCIAL IMPACTS: This closeout will result in approximately $90,300 being returned to the Collection System Program. Attachment 1 shows the project expenditures by category. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The District's 1989 Pump Station Master Plan identified the need to renovate the Lower Orinda Pumping Station to meet long range operating goals. The renovation of the Lower Orinda Pumping stations was done in several phases. This last phase of the project consisted of the complete pumping station renovation in the existing location. The project expanded the existing building, replaced all of the mechanical and electrical equipment, and added extensive instrumentation, control and monitoring systems. The project location is shown on Attachment 2. On December 4, 2003, the Board of Directors authorized the award of a contract for the construction of the project to Pacific Mechanical Corporation. The Notice to Proceed was issued on January 20, 2004. The project was accepted by the Board on March 16, 2006. The original construction contract amount was $5,696,000. The complexity of the project and the proximity to San Pablo Creek required construction over two dry weather seasons. There were 14 construction change orders and one administrative settlement agreement issued in the total amount of $906,000. The total amount paid to Contractor was $6,602,000. The change orders included fixing existing wet well leaks, N: \PESUP \Position Papers \Antkowiak \5448PP_Closeout.doc Page 1 of 4 POSITION PAPER Board Meeting Date: June 5, 2008 Subject. ADVISE THE BOARD OF THE CLOSEOUT OF THE LOWER ORINDA PUMPING STATION RENOVATION PROJECT, DISTRICT PROJECT 5448 repairs of cracks in existing walls, removal of lead paint, removal of unexpected large underground concrete structures, realignment of large gravity sewers, construction of new manholes, and other changes and upgrades to the pumping station equipment. During construction the general contractor experienced problems with his sub- contractors related to the standby generator and the main electrical control panel. As a result, the project completion was delayed and equipment changes were required. All work at the station was completed and the project was accepted in March 2006. The Contractor submitted a claim for compensation due to the generator, control panel and other construction related issues. An administrative settlement agreement was negotiated by staff and legal counsel, and approved by the District's Board of Directors. Staff expenditures for Engineering, Design, Construction Management and Administration were high due to the protracted construction schedule and the many additional hours of staff /legal time to deal with the claim, change orders and other construction related issues. The total authorized budget for the project was $9,941,000 which included a contingency of $873,000. The total project cost was $9,850,700, which is approximately 0.9 percent less than the budgeted amount. The project closeout will result in $90,300 being returned to the Collection System Program. (See Attachment for Expenditure Summary). RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors for information. No action is necessary. N:\PESUP \Position Papers \Antkowiak \5448PP_Closeout.doc Page 2 of 4 ATTACHMENT 1 EXPENDITURE SUMMARY LOWER ORINDA PUMPING STATION RENOVATION PROJECT DISTRICT PROJECT 5448 ACTIVITY COST Total Budget $9,941,000 Construction Contract $5,696,000 Change Orders including settlement agreements $906,000 Change Order % of Construction 16% Total Construction Amount $6,602,000 Right -of -Way $95,500 Right -of -Way - % of Construction 1.4% Engineering, Design, CM, Admin. and Legal $3,153,200 Engineering, Design, CM, Admin. - % of Construction 48% TOTAL PROJECT EXPENDITURES $9,850,700 Amount to be Returned to Collection System Program $90,300 NAPESUP \Position Papers \Antkowiak \5448PP_Closeout.doc Page 3 of 4 0 C Attachment 2 Central Contra Costa Sanitary District LOWER ORINDA PUMPING STATION RENOVATION PROJECT, DP 5448 -4 �-b PROJECT LOCATION Drawing No. Page 4 of 4 Central Contra Costa Sanitary District la- ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No.: 4.e. Consent Calendar Type of Action: INFORMATIONAL Subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE VESSING SEWER RENOVATION PROJECT, DISTRICT PROJECT 5646 Submitted By: Initiating Dept. /Div.: Munawar Husain, Associate Engineer Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: • ?/y1 M. Husain U. Penny P' i A. Farrelf Arnes M. Kf Fly—, neral Manager ISSUE: All work has been completed on the Vessing Sewer Renovation Project, District Project 5646, and this project can now be closed out. RECOMMENDATION: Close out the project. FINANCIAL IMPACTS: This closeout will result in approximately $7,500 being returned to the Collection System Program. Attachment 1 shows the project expenditures by category. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The project work included installation, replacement, and renovation of approximately 14,000 linear feet of 8 -, 10 -, 12 -, and 15 -inch sewer lines in the City of Pleasant Hill. Work was performed in easements and streets and included open- trench construction, guided boring, horizontal drilling, pipe bursting, sewer abandonment, new manholes, creek crossings, and creek bank repair. Construction of sewers in easements required close cooperation with affected property owners for access, construction, and restoration work. Included in this project was repair of the Hoover Court slide. The slide repair project was immediately adjacent to the District's pipeline alignment. The City of Pleasant Hill had requested the District to include the slide repair in the Vessing Sewer Renovation Project to reduce construction impacts on the residents. The work was undertaken under a Joint Powers Agreement approved by the Board on August 11, 2005. Heavy rains in December 2005 and January 2006 damaged the slide repair. As part of a settlement agreement approved by the Board on October 5, 2006, a supplemental erosion protection project was completed under the District's contract in November 2007. The project location is shown on Attachment 2. N: \PESUP \Position Papers \HUSAIN \5646 Close Out PP.doc Page 1 of 4 POSITION PAPER Board Meeting Date: June 5, 2008 subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE VESSING SEWER RENOVATION PROJECT, DISTRICT PROJECT 5646 On June 2, 2005, the Board of Directors authorized the award of a construction contract for this work to Darcy and Harty Construction, Inc. The Contractor was issued a Notice to Proceed that was effective July 11, 2005, with a completion date of March 31, 2006. Although the District's portion of the project was completed by March 31, 2006, the supplemental erosion protection work on the Hoover Court slide delayed project acceptance until December 20, 2007. The original construction contract amount was $3,398,225. There were twelve (12) construction change orders issued in the total amount of $119,318. The total amount paid to the Contractor was $3,517,543. The total authorized budget for the project was $4,992,500, which included a contingency of $509,775. The total project cost was $4,635,000, which is approximately 7.2 percent less than the budgeted amount. In March of 2006, $350,000 was returned to the Collection System Program. This project closeout will result in an additional $7,500 being returned to the Collection System Program, (see Attachment 1 for Expenditure Summary). RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors for information. No action is necessary. NAPESUP \Position Papers \HUSAIN \5646 Close Out PP.doc Page 2 of 4 ATTACHMENT 1 EXPENDITURE SUMMARY VESSING SEWER RENOVATION PROJECT DISTRICT PROJECT 5646 ACTIVITY COST Total Budget $4,992,500 Construction Contract $3,398,225 Change Orders $119,318 Change Order % of Construction 3.5% Total Construction Amount $3,517,543 Right of Way $80,500 Right of Way - % of Construction 2.3% Engineering, Design, CM, Admin. $1,036,957 Engineering, Design, CM, Admin. - % of Construction 29.5% TOTAL PROJECT EXPENDITURES $4,635,000 INITIAL RETURN OF UNUSED BUDGET TO COLLECTION SYSTEM PROGRAM IN MARCH 2006 $350,000 ESTIMATED FINAL RETURN TO COLLECTION SYSTEM PROGRAM $7,500 Note: Total reimbursement received from City of Pleasant Hill for Hoover Court slide repair work $186,592 NAPESUP \Position Papers \HUSAIN \5646 Close Out PP.doc Page 3 of 4 Attachment 2 � SITE LOCATION Central Contra Costa Sanitary District VESSING SEWER RENOVATION PROJECT CCCSD PROJECT NO. 5646 Drawing No. 2 Page 4 of 4 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No.: 4.f. Consent Calendar Type of Action: INFORMATIONAL Subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE A -LINE INTERCEPTOR REHABILITATION, DISTRICT PROJECT 5806 Submitted By: Initiating Dept /Div.: Michael J. Penny, Provisional Senior Engineering /Capital Projects Engineer REVIEWED AND RECOMMENDED FOR BOARD ACTION: 4 C�w nW4.1 Penny T ecki A. Farrell mes M. Ke y, eneral Manager ISSUE: All work has been completed on the A -Line Interceptor Rehabilitation, District Project 5806, and this project can now be closed out. RECOMMENDATION: Close out the project. FINANCIAL IMPACTS: This closeout will result in approximately $27,757 being returned to the Collection System Program. Attachment 1 shows the project expenditures by category. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: A comprehensive investigation of the condition of the 102 -inch interceptor installed in 1993 identified failing PVC liner at joints and in the box culverts under Grayson Creek. The District -wide TV inspection program identified additional failing PVC liner in the 66 -inch Walnut Creek bypass sewer. This project involved repairing the failing PVC liner. The construction of this project was split into two phases under one project number to accommodate work at the Treatment Plant. Phase 1, constructed in 2006, included renovating the PVC liner in 11,000 feet of 66- to 102 -inch sewer lines in the City of Walnut Creek and unincorporated Contra Costa County. Phase 2, constructed in 2007, included renovating the PVC liner in 2,000 feet of 72- and 102 -inch sewer near the treatment plant. Phase 2 also included removing debris and the PVC liner from the floor of the box culverts under Grayson Creek. Once the liner was removed, a new protective coating was spray applied (see Attachment 2 for project locations). N: \PESUP \Cbradley \Position Papers \Penny \DP 5806 Project Closeout PP.doc Page 1 of 4 POSITION PAPER Board Meeting Date: June 5, 2008 Subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE A -LINE INTERCEPTOR REHABILITATION, DISTRICT PROJECT 5806 On July 20, 2006, the Board of Directors authorized the award of a construction contract for Phase 1 to F.D. Thomas. The Contractor was issued a Notice to Proceed that was effective August 28, 2006, with a completion date of October 27, 2006. The Board accepted Phase 1 of the project on November 2, 2006. The original construction contract amount for Phase 1 was $419,125. There were no construction change orders. The total amount paid to the Contractor was $419,125. On July 19, 2007, the Board of Directors authorized the award of a construction contract for Phase 2 to F.D. Thomas. The Contractor was issued a Notice to Proceed that was effective August 27, 2007, with a completion date of November 4, 2007. The Board accepted Phase 2 of the project on December 20, 2007. The original construction contract amount for Phase 2 was $710,000. There were three (3) construction change orders issued in the total amount of $49,833. The total amount paid to the Contractor was $759,833. The total authorized budget for the project was $1,557,000, which included a contingency of $169,875. The total project cost was $1,529,243, which is approximately 1.8 percent less than the budgeted amount. The project closeout will result in $27,757 being returned to the Collection System Program (see Attachment 1 for Expenditure Summary). RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors for information. No action is necessary. N:\PESUP\Cbradley \Position Papers \Penny \DP 5806 Project Closeout PP.doc Page 2 of 4 ATTACHMENT 1 EXPENDITURE SUMMARY A -LINE INTERCEPTOR REHABILITATION DISTRICT PROJECT 5806 ACTIVITY COST Total Budget $1,557,000 Construction Contracts $1,129,125 Change Orders $49,833 Change Order % of Construction 4.4% Total Construction Amount $1,178,958 Engineering, Design, CM, Admin. $350,285 Engineering, Design, CM, Admin. - % of Construction 29.7% TOTAL PROJECT EXPENDITURES $1,529,243 ESTIMATED FINAL RETURN TO COLLECTION SYSTEM PROGRAM $27,757 N: \PESUP \Cbradley \Position Papers \Penny \DP 5806 Project Closeout PP.doc Page 3 of 4 N 0 1600 3200 FEET PROJECT AREA s CONCORD I WALNUT CREEK 0 680 r � �v YGNAC\O y 2 �< 24 DIABLO N BLVv N �2 ° SOUTH PHASE 1 BROADWAY DR S.P.R.R. 680 RN1l n a Qa i ` N o 0 0 o 1600 3200 PROJECT AREA FEET J Central Contra Costa Attachment Sanitary District A —LINE INTERCEPTOR REHABILITATION PROJECT ' DP 5806B, LOCATION MAP 2 G Page 4 of 4 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No.: 4.g. Consent Calendar Type of Action: INFORMATIONAL subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE NORTH ORINDA SEWER RENOVATIONS, PHASE 2, DISTRICT PROJECT 5833 Submitted By: Initiating DeptJDiv.: Munawar Husain, Associate Engineer Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: �ly Q&� 0 WL M. Husain M. enny T. P' i A. Farrell James M elly, General Manager ISSUE: All work has been completed on the North Orinda Sewer Renovations, Phase 2, District Project 5833, and this project can now be closed out. RECOMMENDATION: Close out the project. FINANCIAL IMPACTS: This closeout will result in approximately $363,800 being returned to the Collection System Program. Attachment 1 shows the project expenditures by category. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: This project is the second of four phases of sewer renovation in North Orinda. The project renovated approximately 9,700 feet of 6 -, 8 -, 10 -, and 18- inch sewer lines in 18 locations utilizing open cut, pipe bursting and directional drilling. In addition, 15 spot repairs were constructed. See Attachment 2 for locations. On July 6, 2006, the Board of Directors authorized the award of a construction contract for this work to KJ Woods Construction, Inc. The Contractor was issued a Notice to Proceed that was effective July 31, 2006, with a completion date of February 15, 2007. The project was accepted by the Board on September 6, 2007. The delay in construction completion was due to changed site conditions at two of the sites The original construction contract amount was $2,484,000. Work was deleted at two locations due to constructability and access issues. There were twelve (12) construction change orders issued in the total amount of minus $241,252. The total amount paid to the Contractor was $2,242,748. N: \PESUP \Cbradley \Position Papers \Husain \5833 - Closeout North Orinda Reno, Ph 2.doc Page 1 of 4 POSITION PAPER Board Meeting Date: June 5, 2008 subject. ADVISE THE BOARD OF THE CLOSEOUT OF THE NORTH ORINDA SEWER RENOVATIONS, PHASE 2, DISTRICT PROJECT 5833 The total authorized budget for the project was $3,567,000, which included a contingency of $373,000. The total project cost was $3,203,200, which is approximately 10 percent less than the budgeted amount. The project closeout will result in $363,800 being returned to the Collection System Program (see Attachment 1 for Expenditure Summary). RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors for information. No action is necessary. N:\PESUMCbradley \Position Papers \Husain \5833 - Closeout North Orinda Reno, Ph 2.doc Page 2 of 4 ATTACHMENT 1 EXPENDITURE SUMMARY NORTH ORINDA SEWER RENOVATIONS, PHASE 2 DISTRICT PROJECT 5833 ACTIVITY COST Total Budget $3,567,000 Construction Contract $2,484,000 Change Orders -$241,252 Change Order % of Construction -9.7% Total Construction Amount $2,242,748 Right of Way $78,500 Right of Way - % of Construction 3.5% Engineering, Design, CM, Admin. $881,952 Engineering, Design, CM, Admin. - % of Construction 39.3% TOTAL PROJECT EXPENDITURES $3,203,200 ESTIMATED FINAL RETURN TO COLLECTION SYSTEM PROGRAM $363,800 NAPESUP\Cbradley \Position Papers \Husain \5833 - Closeout North Orinda Reno, Ph 2.doc Page 3 of 4 >= I n n y2 , 1� 9 (-� J3 DIABLO�� J cn PER �9 - MINER O so- y 9p yOry ; ` MINER CO p "m t !LO LA ELTA �9 _ S 0 A YVA ESC �D Sri c o o r a S00PP� .y W PABuo Oy p� 0, 9( Cr EL 0 A @(O QUEENSBROOK� CAMINO PABLO� Oqy 0 1500 — SEWER RENOVATION BROODR ooD FEET r Central Contra Costa Attachment n sanitary District NORTH ORINDA SEWER RENOVATION ' PHASE 2 CCCSD DP 5833 2 y Page 4 of 4 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 Type of Action: INFORMATIONAL No.: 4.h. Consent Calendar Subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE WALNUT CREEK SEWER RENOVATION, PHASE 5, DISTRICT PROJECT 5964 Submitted By: Initiating Dept. /Div.: Tom Godsey, Associate Engineer Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: Gz t(� W / - rw��_ 61k"('a T. Godsey enny cki . Farrell mes M. +11y' eneral Manager ISSUE: All work has been completed on the Walnut Creek Sewer Renovation, Phase 5, District Project 5964, and this project can now be closed out. RECOMMENDATION: Close out the project. FINANCIAL IMPACTS: This closeout will result in approximately $100,000 being returned to the Collection System Program. Attachment 1 shows the project expenditures by category. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: This project was the fifth of fifteen phases of sewer renovations in Walnut Creek. The project renovated approximately 6,500 feet of 6- through 12 -inch sewer pipe at six sites, replaced the pipe across Civic Park Bridge that is part of the 2006 Storm Damage, and installed seven spot repairs. Work was done primarily in streets, with some work in easements, and utilized open -cut and pipe -burst methods. On May 10, 2007, the Board of Directors authorized the award of a construction contract for this work to California Trenchless, Inc. The Contractor was issued a Notice to Proceed that was effective May 22, 2007, with a completion date of November 19, 2007. The project was accepted by the Board on December 6, 2007. The original construction contract amount was $1,256,089. There were four (4) construction change orders issued in the total amount of $34,617. The total amount paid to the Contractor was $1,290,706. The total authorized budget for the project was $1,800,000, which included a contingency of $171,911. The right -of -way cost (easements, temporary construction easements, and acquisition costs) was $35,986. The total project cost was N: \PESUP \Cbradley \Position Papers \Godsey \5964 -WC Reno Ph 5 Closeout PP.doc Page 1 of 3 POSITION PAPER Board Meeting Date: June 5, 2008 subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE WALNUT CREEK SEWER RENOVATION, PHASE 5, DISTRICT PROJECT 5964 $1,699,400, which is approximately 5.6 percent less than the budgeted amount. The project closeout will result in $100,600 being returned to the Collection System Program (see Attachment 1 for Expenditure Summary). RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors for information. No action is necessary. N:\PESUMCbradley \Position Papers \Godsey \5964 -WC Reno Ph 5 Closeout PP.doc Page 2 of 3 ATTACHMENT 1 EXPENDITURE SUMMARY WALNUT CREEK SEWER RENOVATION, PHASE 5 DISTRICT PROJECT 5964 ACTIVITY COST Total Budget $1,800,000 Construction Contract $1,256,089 Change Orders $34,617 Change Order % of Construction 2.7% Total Construction Amount $1,290,706 Right -of -Way $35,986 Right -of -Way - % of Construction 2.7% Engineering, Design, CM, Admin. $372,708 Engineering, Design, CM, Admin. - % of Construction 31.7% TOTAL PROJECT EXPENDITURES $1,699,400 Amount to be Returned to Collection System Program $100,601 The final refund is estimated because the value will change depending on the date of the closeout of the account. NAPESUP\Cbradley \Position Papers \Godsey \5964 -WC Reno Ph 5 Closeout PP.doc Page 3 of 3 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No.: 4.i. Consent Calendar Type of Action: INFORMATIONAL subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE NORTH ORINDA SEWER RENOVATIONS, PHASE 2.1, DISTRICT PROJECT 5968 Submitted By: Initiating Dept. /Div.: Munawar Husain, Associate Engineer Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: im'vv( l l M. Husain M. Penny i ecki A. Farre J mes M. Ke y, Teneral Manager ISSUE: All work has been completed on the North Orinda Sewer Renovations, Phase 2.1, District Project 5968, and this project can now be closed out. RECOMMENDATION: Close out the project. FINANCIAL IMPACTS: This closeout will result in approximately $12,000 being returned to the Collection System Program. Attachment 1 shows the project expenditures by category. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The project work included installation of 1,155 lineal feet of 8 -inch HDPE sewer lines by directional drilling, and replacement of 2,073 lineal feet of sewer lines using open -cut method within the Tarry Lane and Van Tassel Lane sewer easements in Orinda. The location map is shown on Attachment 2. On June 7, 2007, the Board of Directors authorized the award of a construction contract for this work to Ranger Pipelines, Inc. The Contractor was issued a Notice to Proceed that was effective July 25, 2007, with a completion date of December 21, 2007. The project was accepted by the Board on December 20, 2007. The original construction contract amount was $1,536,600. There were seven (7) construction change orders issued in the total amount of $260,680. The Board of Directors was requested to authorize one of the change orders in the amount of $116,000 for the cost of installation of 232 lineal feet of 8 -inch pipe shown on the Project Drawings, but not included in the bid schedule. The total amount paid to the Contractor was $1,797,280. N: \PESUP \Position Papers \HUSAIN \5968 Closeout PP.doc Page 1 of 4 POSITION PAPER Board Meeting Date: June 5, 2008 subject. ADVISE THE BOARD OF THE CLOSEOUT OF THE NORTH ORINDA SEWER RENOVATIONS, PHASE 2.1, DISTRICT PROJECT 5968 The total authorized budget for the project was $2,685,350, which included a contingency of $307,400. The total project cost was $2,673,350, which is approximately 0.4 percent less than the budgeted amount. The project closeout will result in $12,000 being returned to the Collection System Program (see Attachment 1 for Expenditure Summary). RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors for information. No action is necessary. N:\PESUP \Position Papers \HUSAIN \5968 Closeout PP.doc Page 2 of 4 ATTACHMENT 1 EXPENDITURE SUMMARY NORTH ORINDA SEWER RENOVATIONS, PHASE 2.1 DISTRICT PROJECT 5968 ACTIVITY COST Total Budget $2,685,350 Construction Contract $1,536,600 Change Orders $260,680 Change Order % of Construction 17% Total Construction Amount $1,797,280 Right of Way $486,500 Right of Way - % of Construction 27.1% Engineering, Design, CM, Admin. $389,570 Engineering, Design, CM, Admin. - % of Construction 21.7% TOTAL PROJECT EXPENDITURES $2,673,350 ESTIMATED FINAL RETURN TO COLLECTION SYSTEM PROGRAM $12,000 NAPESUP \Position Papers \HUSAIN \5968 Closeout PP.doc Page 3 of 4 `- LN FEET Lij co SITE SEWER RENOVATIONS a Sanitary District NORTH ORINDA 2.1 - VAN TASSEL & TARRY � SEWER RENOVATIONS CCCSD DP 5968 Attachment Page 4Qf4 \ / \ \ \ / `- LN FEET Lij co SITE SEWER RENOVATIONS a Sanitary District NORTH ORINDA 2.1 - VAN TASSEL & TARRY � SEWER RENOVATIONS CCCSD DP 5968 Attachment Page 4Qf4 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No.: 4.j. Consent Calendar Type of Action: INFORMATIONAL subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE MARTINEZ SEWER RENOVATIONS, PHASE 1, DISTRICT PROJECT 5975 Submitted By: Initiating Dept. /Div.: Amy Hernandez, Senior Engineering Engineering /Capital Projects Assistant REVIEWED AND RECOMMENDED FOR BOARD ACTION: r4� 9* — �V �w ernandez P. Seitz T. i ecki A. Farre I mes M. K y, neral Manager ISSUE: All work has been completed on the Martinez Sewer Renovations Project, Phase 1, District Project 5975, and this project can now be closed out. RECOMMENDATION: Closeout the project. FINANCIAL IMPACTS: This closeout will result in approximately $17,500 being returned to the Collection System Program. Attachment 1 shows the project expenditures by category. ALTERNATIVES/CONSIDERATIONS: Not applicable. BACKGROUND: On July 19, 2007, the Board of Directors authorized the award of a construction contract for this work to California Trenchless, Inc. The Contractor was issued a Notice to Proceed that was effective August 27, 2007, with a completion date of December 25, 2007. This project was the first phase of renovations in Martinez (see Attachment 2 for site locations). The project renovated 2,500 feet of 6- and 8 -inch sewer in Marina Vista and an easement behind Ulfinian Way. The project was accepted by the Board on February 21, 2008. The original construction contract amount was $849,212. There were three (3) construction change orders issued in the total amount of $116,505. The total amount paid to the Contractor was $965,717. The change orders included a realignment of the sanitary sewer at the Ulfinian site and testing and disposal of contaminated materials at the Marina Vista site. Staff incurred many additional hours to coordinate these changes, and negotiate the change orders. N: \PESUP \Cbradley \Position Papers \Seitz \5975 - Martinez Sewer Reno Ph 1 PP Closeout.doc Page 1 of 3 POSITION PAPER Board Meeting Date: June 5, 2008 subject. ADVISE THE BOARD OF THE CLOSEOUT OF THE MARTINEZ SEWER RENOVATIONS, PHASE 1, DISTRICT PROJECT 5975 The total authorized budget for the project was $1,373,000, which included a contingency of $138,000. The total project cost was $1,355,500, which is approximately one percent less than the budgeted amount. The project closeout will result in $17,500 being returned to the Collection System Program (see Attachment 1 for Expenditure Summary). RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors for information. No action is necessary. N:\PESUMCbradley \Position Papers \Seitz \5975 - Martinez Sewer Reno Ph 1 PP Closeout.doc Page 2 of 3 ATTACHMENT 1 EXPENDITURE SUMMARY MARTINEZ SEWER RENOVATIONS, PHASE 1 DISTRICT PROJECT 5975 ACTIVITY COST Total Budget $1,373,000 Construction Contract $849,212 Change Orders $116,505 Change Order % of Construction 14% Total Construction Amount $965,717 Right -of -Way $95,300 Right -of -Way - % of Construction 9.9% Engineering, Design, CM, Admin. $294,400 Engineering, Design, CM, Admin. - % of Construction 30.5% TOTAL PROJECT EXPENDITURES $1,355,500 [Amount to be Returned to Collection System Program $17,500 N: \PESUP \Cbradley \Position Papers \Seitz \5975 - Martinez Sewer Reno Ph 1 PP Closeout.doc Page 3 of 3 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No.: 4.k. Consent Calendar Type of Action: INFORMATIONAL subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE PIPING RENOVATIONS AND REPLACEMENT PROJECT, PHASE 3, DISTRICT PROJECT 7234 Submitted By: Initiating Dept. /Div.: Clint T. Shima, Assistant Engineer Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: 11�-� C. Shima A. Antkowiak "0'47rpw� - �w A. Farrell Lu Va es M. Kell neral Mana r ISSUE: All work has been completed on the Piping Renovations and Replacement Project, Phase 3, District Project 7234, and this project can now be closed out. RECOMMENDATION: Close out the project. FINANCIAL IMPACTS: This closeout will result in approximately $250,000 being returned to the Treatment Plant Program. Attachment 1 shows the project expenditures by category. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: During the construction of the secondary treatment facilities in the early 1970s, numerous piping systems were installed throughout the treatment plant. These pipes carry the processed wastewater, sludge, steam, air, and other utility services between the various sections of the plant. These pipes have been in place for over thirty years and are showing signs of deterioration. For example, the fuel oil pipelines had recently developed leaks and required repairs. Other pipelines in service for shorter time periods, such as the hypochlorite piping, have required repairs due to leaks caused by pipe degradation accelerated by exposure to sunlight. Phase 3 of the Piping Renovations and Replacement Project focused on replacing hypochlorite piping throughout the plant, applying protective coatings, and repairing facility roofs to increase their service life. In addition, the underground fuel oil pipelines from the fuel storage tanks to the Solids Conditioning Building were replaced with a double containment piping system to meet present code requirements. Other piping, such as the auxiliary boiler blow down piping, was replaced to reduce maintenance on that system. The project location is shown on Attachment 2. NAPESUP \Position Papers \Shima \7234 -pp- closeout.doc Page 1 of 4 POSITION PAPER Board Meeting Date: June 5, 2008 subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE PIPING RENOVATIONS AND REPLACEMENT PROJECT, PHASE 3, DISTRICT PROJECT 7234 On June 21, 2007, the Board of Directors authorized the award of a construction contract for this work to NCCI, Inc. The Contractor was issued a Notice to Proceed that was effective July 31, 2007, with a completion date of January 20, 2008. The project was accepted by the Board on May 1, 2008. The original construction contract amount was $1,221,527. There were seven (7) construction change orders issued in the total amount of $117,602. Change orders were issued to replace additional deteriorated pipe, upgrade chemical valves, and mitigate both asbestos insulation and contaminated soils. The total amount paid to the Contractor was $1,339,129. The total authorized budget for the project was $1,816,000, which included a contingency of $245,473. The total project cost was $1,566,000, which is approximately 14 percent less than the budgeted amount. The project closeout will result in $250,000 being returned to the Treatment Plant Program (see Attachment 1 for Expenditure Summary). RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors for information. No action is necessary. N:\PESUP \Position Papers \Shima \7234 -pp- closeout.doc Page 2 of 4 ATTACHMENT 1 EXPENDITURE SUMMARY PIPING RENOVATIONS AND REPLACEMENT PROJECT, PHASE 3 DISTRICT PROJECT 7234 ACTIVITY COST Total Budget $1,816,000 Construction Contract $1,221,527 Change Orders $117,602 Change Order % of Construction 9.6% Total Construction Amount $1,339,129 Engineering, Design, CM, Admin. $226,871 Engineering, Design, CM, Admin. - % of Construction 16.9% TOTAL PROJECT EXPENDITURES $1,566,000 Amount to be Returned to Treatment Plant Program $250,000 WPESUP \Position Papers \Shima \7234 -pp- closeout.doc Page 3 of 4 N H z w 2 Q F- a r� M w N CL C) w O aM N z ti w via J W a,pCF_- a� o� Z Q� U� z ON Qaniaa "OMNI > m O � w LL w ,^ V Z — a a j s i t; 4- 0 It a) rn ca CL U O U 7 O N N 0 U CL d M N r- cu L U) N N a M d c 0 .N 0 M a a w a z Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: J U N E 5, 2008 Type of Action: INFORMATIONAL No.: 4.1. Consent Calendar Subject: ADVISE THE BOARD OF THE CLOSEOUT OF TWELVE CAPITAL IMPROVEMENT PROJECTS Submitted By: Initiating Dept. /Div.: Earlene Millier, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: CIO a 1",&el E. Mlllier G. Chester C. Swanson A. Farrel James M. Ily General Manager ISSUE: Work has been completed on twelve capital improvement projects. The financial results are reported to the Board prior to closing the projects' accounts. RECOMMENDATION: This item is presented to the Board of Directors for information only. No action is necessary. FINANCIAL IMPACTS: As a result of the close out of these projects, $734,700 is being returned to the Treatment Plant, Collection System, and Recycled Water Programs. No General Improvements Program projects are closing at this time. ALTERNATIVES /CONSIDERATIONS: No alternatives have been prepared. This is an informational position paper. BACKGROUND: Twelve capital improvement projects have been completed and staff is closing out the project accounts effective June 30, 2008. Below is a summary of the allocated budgets and expenditures for the projects by program. Attachment 1 contains a brief summary for each project. Attachment 2 summarizes the allocated budgets and expenditures for each project. Program Allocated Budget Expenditures Under spent (Overruns) Treatment Plant $ 2,084,000 $ 1,549,000 $ 535,000 Collection System $ 1,536,700 $ 1,337,000 $ 199,700 Recycled Water $ 205,500 $ 205,500 $ 0 TOTALS $ 3,826,200 $ 3,091,500 $ 734,700 RECOMMENDED BOARD ACTION: No action is necessary. N: \ENVRSEC \Position Papers \Millier\2008 \PP 2008 Closeout 13 Projects 6- 5- 08.DOC Attachment 1 Project Descriptions Treatment Plant Program DP 6152 $100,000 Standby Effluent Pumps Refurbishment, Phase 1 This project investigated the condition of Standby Effluent Pumps to determine the future use of the hydraulic variable speed drives (VSD) and the condition of the gearboxes, pump, and motor. Alternatives to the existing system were considered such as replacing the pump /motorNSD /gearbox combination with direct - coupled vertical pump with a solid state variable frequency drive to increase the reliability, efficiency, and operating range of the pump system or replacing the VSD's with newer magnetic drive technologies. The existing system could be refurbished, but replacing the entire system may prove to be more reliable and energy efficient. The existing pumps, motors, and gearboxes will continue to be monitored for vibration and proper operation. In the future, if it appears that equipment refurbishment or replacement would be required, the project will be continued in the Standby Effluent Pump Refurbishment Phase 2 project. DP 7225 $230,000 Solids Conditioning Building Diesel Leak Investigation The Solids Conditioning Building Diesel Leak Investigation Project, DP 7225, identified the source of diesel in the basement of the SCB as a leak in the diesel transfer line. The leak was subsequently located and repaired. Three groundwater- monitoring wells were installed and then sampled for one year to determine if there was residual diesel in the groundwater. The analytical results showed no evidence of residual diesel. The monitoring wells were closed by over - drilling, back - filled with grout, and then brought to grade with concrete. DP 7235 $355,000 Sub 40 480 Volt Circuit Breaker This project refurbished the General Electric circuit breakers installed over 30 years ago at Substation 40. This work improved the reliability of Substation 40. Substation 40 provides power to the Filter Plant for recycled water and in -plant water use. DP 7246 $175,000 Odor Control Facility Plan Update This project provided funds to prepare the 2006 Odor Control Facilities Plan for the treatment plant. This plan identified and prioritized the major odor sources at the treatment plant, assessed available control technologies, and developed recommendations for future odor control improvement projects, if needed. Upgrades were completed to the grit odor control system and fence line odor control system as part of this project. DP 7263 $480,000 Treatment Plant Safety Enhancements, Phase 3 This project represents the third phase of treatment plant related safety work. The project included items developed through the Plant Safety Suggestion process and by District Staff. Project elements included handrail and grating enhancements, concrete work, hatches, and ladder brackets on the secondary clarifiers. In addition, tunnel ventilation fans and electrical pull boxes along the levee road were raised to provide flood protection for up to a 200 -year storm. NAENVRSEMPosition PapersWillier\2008Wttach 1 2008 Closeouts 6- 5- 08.doc DP 7266 $185,000 Plant Wet Weather Protection The Plant Wet Weather Protection Project studied various treatment plant flooding scenarios and contingency plans. Staff coordinated with the County Flood Control District (FCD) to desilt and raise levees along Grayson Creek and Walnut Creek. The FCD project borrowed material to build up portions of the levees, and deposited fill material at a couple of District sites. The sites include the Kiewit Parcel, the railroad spur north of Basin B, and the PG &E transmission right of way northwest of the basins. DP 7273 $24,000 Raw Water Bypass This project looked into the feasibility of using existing pipelines or constructing a new bypass to route raw wastewater flow to the holding basins by gravity. Currently the treatment plant has provisions to bypass wastewater to holding basins using influent pumps. Should the treatment plant lose all main and emergency power, pumping the required flow into the bypass line would not be possible. This project recommended that a new bypass pipeline doesn't need to be constructed at this time. However, an 84 -inch slide gate for influent structure should be installed to isolate the overflow to Grayson Creek and to force flows by gravity to the holding basin. Collection System Program DP 5933 $392,000 Acacia Pumping Station Upgrades The Acacia Pumping Station Upgrades Project upgraded mechanical and electrical equipment at the Acacia Pumping Station to prevent overflows, reduce O &M, and increase operating efficiency. It included replacing and installing a standby generator, electrical cabinet, wet -well cover, and vault covers, and installing water service lines and hose bibs, and relocating power meters. DP 5940 $15,000 Pumping Station Assessment This project examined the potential to eliminate four of the smaller package pumping stations by switching to a gravity alternative. Stations evaluated included Clyde, Bates Avenue, Bates Boulevard, and Buchanan Fields North and South. Data was gathered and archived in preparation for the possibility of such actions at the point in time when installation of gravity alternatives or outright abandonment are fiscally reasonable. DP 5984 $10,000 Collection System Earthquake Risk Evaluation During this risk investigation, earthquake hazards including faults, shaking, liquefaction, and induced landslide susceptibilities were inventoried using resources of ABAG and the USGS. Also, faults and high induced hazard susceptibility zones were located. With the collaboration of Mapping, the faults and hazard maps are available as GDI layers. DP 6436 $920,000 2007 -08 Development Sewerage Project This project was used to properly account for District staff time and other direct costs associated with planning, design review, and inspection of main sewer extensions installed by developers and individuals and contributed to CCCSD for public use. These costs are recovered through plan review and inspection rates, fees, and charges. NAENVRSEMPosition PapersWillier\2008Wttach 12008 Closeouts 6- 5- 08.doc Recycled Water Program DP 7187 $205,500 Recycled Water Master Plan This project provided funds for the planning and development of the District's recycled water program. Several important recycled water planning studies were completed under this project including the CCCSD Recycled Water Master Plan (2000), Recycled Water Needs Assessment (2003); and the Filter Capacity Evaluation (2006). Planning activities for the Recycled Water Program will be continued in Fiscal Year 2008/09 under a new project entitled Recycled Water Planning (DP 7259). NAENVRSEC \Position Papers \Millier\2008Wttach 1 2008 Closeouts 6- 5- 08.doc ATTACHMENT 2 CAPITAL PROJECTS TO BE CLOSED OUT TREATMENT PLANT PROGRAM DISTRICT ALLOCATED UNDERRUN PROJECT PROJECT TITLE BUDGET EXPENDITURES* (OVERRUNS) NO. 6152 Standby Effluent Pumps $ 500,000 $ 100,000 $ 400,000 Program Totals Refurbishment, Phase 1 $ 205,500 $ 0 7225 Solids Conditioning Building 286,000 230,000 56,000 5984 Diesel Leak Investigation 25,000 10,000 15,000 7235 Sub 40 480 Volt Circuit Breaker 356,000 355,000 1,000 7246 Odor Control Facility Plan 225,000 175,000 50,000 Update 7263 Treatment Plant Safety 492,000 480,000 12,000 Enhancements, Phase 3 7266 Plant Wet Weather Protection 200,000 185,000 15,000 7273 Raw Water Bypass 25,000 24,000 11 000 Program Totals $ 2,084,000 $ 1,549,000 $ 535,000 COLLECTION SYSTEM PROGRAM DISTRICT ALLOCATED UNDERRUN PROJECT PROJECT TITLE BUDGET EXPENDITURES* (OVERRUNS) NO. 5933 Acacia Pumping Station $ 409,700 $ 392,000 $ 17,700 Program Totals Upgrades $ 205,500 $ 0 5940 Pumping Station Assessment 25,000 15,000 10,000 5984 Collection System Earthquake 25,000 10,000 15,000 Risk Evaluation 6436 2007 -08 Development 1,077,000 920,000 157,000 Sewerage Project Program Totals $ 1,536,700 $ 1,337,000 $ 199,700 RECYCLED WATER PROGRAM DISTRICT ALLOCATED UNDERRUN PROJECT PROJECT TITLE BUDGET EXPENDITURES* (OVERRUNS) NO. 7187 Recycled Water Master Plan 1 $ 205,500 $ 205,500 $ 0 Program Totals 1 $ 205,500 $ 205,500 $ 0 * Expenditures are estimated. While they include expenditures through May, some additional charges will occur during June prior to the end of the fiscal year on the 301H NAENVRSEMPosition Papers \Mi1lier\2008Wttach 2 Closeouts 6- 5- 08.doc ' Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 Type of Action: APPROVE PROJECT No.: 4.m. Consent Calendar subject: APPROVE THE LAFAYETTE SEWER RENOVATIONS, PHASE 5, DISTRICT PROJECT 5977, FOR CEQA/PERMITTING PURPOSES AND FIND THAT THE PROJECT IS EXEMPT FROM CEQA Submitted By: Initiating DeptdDiv.: Wesley Adams, Assistant Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: 407 QV "q W. Adams M. enny i ecki A. Farrell I fames. M. K ly, Veneral Ma ager ISSUE: Board approval of the Lafayette Sewer Renovations, Phase 5, District Project 5977, is required prior to the filing of a Notice of Exception under the District's California Environmental Quality Act (CEQA) Guidelines. RECOMMENDATION: Find that the project is exempt from CEQA and approve the Lafayette Sewer Renovations, Phase 5, District Project 5977. FINANCIAL IMPACTS: The total project cost is anticipated to be $2,300,000; however, this position paper only approves the project for CEQA/Permitting and does not award a construction contract. ALTERNATIVES /CONSIDERATIONS: The Board of Directors may delay or decline to approve the project. If these renovations are not constructed, the condition of these sewers will continue to decline and may result in multiple maintenance issues. BACKGROUND: The Lafayette Sewer Renovations, Phase 5 project will replace /rehabilitate approximately 11,000 lineal feet of 6- and 8 -inch sewer located in the City of Lafayette, included are three point repairs on 12- and 15 -inch sewers on Saint Mary's Road. The work includes, but is not limited to, trenching, shoring, replacing sections of sewer pipe, installing manholes, and paving. The Lafayette Sewer Renovations, Phase 5, is included in the fiscal year 2007 -2008 Capital Improvement Budget (CIB) on pages 21 and 22. Staff has conducted a cash -flow analysis of the Collection System Program budget and concluded that adequate funds are available for this project. Staff has concluded that this project is exempt from CEQA under District CEQA Guidelines, Section 15302, because it involves replacement of existing sewer facilities N: \PESUP \Cbradley \Position Papers\Adams \5977 - Lafayette Phase 5 CEQA Approval PP.doc Page 1 of 2 POSITION PAPER Board Meeting Date: June 5, 2008 Subject: APPROVE THE LAFAYETTE SEWER RENOVATIONS, PHASE 5, DISTRICT PROJECT 5977, FOR CEQA/PERMITTING PURPOSES AND FIND THAT THE PROJECT IS EXEMPT FROM CEQA at substantially the same locations and with the same purpose and level of activity as the facilities being replaced. Any capacity increases are for non - growth inducing, wet - weather purposes. This project also is exempt under District CEQA Guidelines Section 15061(b) (3), since it can be "seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." This certainty is based on the District's past experience with numerous sewer construction projects of this nature, the relatively short distances involved, and the District's mitigating construction specifications that would be required of the project. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Approve the Lafayette Sewer Renovations, Phase 5, District Project 5977, and find that the project is exempt from CEQA. WPESUP\Cbradley \Position Papers\Adams \5977 - Lafayette Phase 5 CEQA Approval PP.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No.: 4.n. Consent Calendar Type of Action: ACCEPT CONTRACT WORK/AUTHORIZE FILING OF THE NOTICE OF COMPLETION subject: ACCEPT THE CONTRACT WORK FOR THE LOWER ORINDA PUMPING STATION RENOVATION - PHASE 2, DISTRICT PROJECT 5944, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating Dept. /Div.: Alexandr Mestetsky, Engineering / Capital Projects Associate Engineer REVIEWED AND RECOMMENDED FOR BOARD ACTION: Z'4-� A. Meste sky y ilecki A. Farrell ames M. Kelly, Ueneral Manager ISSUE: Construction has been completed on the Lower Orinda Pumping Station Renovation - Phase 2, District Project 5944,and the work is now ready for acceptance. RECOMMENDATION: Accept the contract work for the Lower Orinda Pumping Station Renovation - Phase 2, District Project 5944, 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: The project work included a number of upgrades /improvements, such as bypass and soft -start capabilities on the 250 -hp variable frequency drives for the wet - weather pumps, isolation gates for the new grinders, fuel day tank, modifications to SCADA system, a building security and fire alarm system, emergency lighting, safety guard rail, and other miscellaneous items at the Lower Orinda and San Ramon Pumping Stations to enhance the stations' reliability, maintainability, and safety. Repairs of a creek bank next to the Lower Orinda Pumping Station access road were constructed as a separate component of the project. On April 5, 2007, the Board of Directors authorized the award of a contract for the construction of the project to GSE Construction Company, Inc. The Notice to Proceed was issued on May 21, 2007. The work was substantially completed on May 30, 2008. The remaining items of work consist of minor punch -list items, which do not affect the project acceptance. N: \PESUP \Cbradley \Position Papers \Mestetsky \5944- AcceptContractWork LOPS.doc Page 1 of 2 POSITION PAPER Board Meeting Date: June 5, 2008 suv/ect: ACCEPT THE CONTRACT WORK FOR THE LOWER ORINDA PUMPING STATION RENOVATION - PHASE 2, DISTRICT PROJECT 5944, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION Immediately upon acceptance, the Contractor is relieved of the duty of maintaining and protecting the contract work. Guaranty and warranty periods required by the Contract and the statutory period for filing of liens and Stop Notices start on the date of acceptance by the Board of Directors. Final payment to the Contractor is made after expiration of the statutory period for filing of liens and Stop Notices, provided no liens or Stop Notices have been filed, and provided the punch -list items have been completed. The total authorized budget for the project is $1,130,000. 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 Lower Orinda Pumping Station Renovation - Phase 2, District Project 5944, and authorize filing of the Notice of Completion. N:\PESUP \Cbradley \Position Papers \Mestetsky \5944- AcceptContractWork LOPS.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No.: 4.o. Consent Calendar Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION OF APPLICATION REQUESTING THAT CONTRA COSTA LAFCO INITIATE PROCEEDINGS TO ANNEX SEVEN ANNEXATION AREAS TO THE DISTRICT (DISTRICT ANNEXATION 171) AND FINDING THAT ANNEXATION OF EACH PROPERTY WITHIN THE SEVEN AREAS IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Submitted By Initiating Dept. /Div.: Jarred Miyamoto - Mills, Principal Engineer Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: A,--- go�( J. Miyamoto -Mills C. Swanson A. Farrell 5UVOOV K. Alm A /a, V ames M. elly eneral Manager ISSUE: A Board of Directors' Resolution of Application is required to initiate Local Agency Formation Commission ( LAFCO) annexation proceedings. RECOMMENDATION: Adopt a Resolution of Application to initiate LAFCO annexation proceedings for seven areas designated as District Annexation 171 (see Attachment 1 — Map). FINANCIAL IMPACTS: The District incurs costs to prepare annexation applications and pays fees to LAFCO and the State Board of Equalization for annexation processing. Annexation costs are recovered as "annexation charges" when property is connected to the public sewer system. ALTERNATIVES /CONSIDERATIONS: The Board could decline to initiate annexation of these areas, which would require that the property owner apply directly to LAFCO for annexation to the District. BACKGROUND: The owners of 63 properties in Danville, Lafayette, Martinez, and Orinda, have submitted petitions to the District for annexation. These properties have been organized into seven "annexation areas ". Some of the annexation areas include surrounding unannexed properties so that "islands" within District boundaries can be eliminated. All of the annexation areas are within the District's Sphere of Influence and the County Urban Limit Line. The location of each annexation area is shown on Attachment 1. Staff has drafted a Resolution of Application (see Attachment 2) requesting that LAFCO initiate annexation proceedings for the seven areas. These areas are described below: N: \ENVRSEC \Position Papers \Miyamoto- Mills\2008 \PP LAFCO Annexation 171 6- 5- 08.doc POSITION PAPER Board Meeting Date: June 5, 2008 subject: ADOPT A RESOLUTION OF APPLICATION REQUESTING THAT CONTRA COSTA LAFCO INITIATE PROCEEDINGS TO ANNEX SEVEN ANNEXATION AREAS TO THE DISTRICT (DISTRICT ANNEXATION 171) AND FINDING THAT ANNEXATION OF EACH PROPERTY WITHIN THE SEVEN AREAS IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) • Annexation Parcel 171 -1 is comprised of 25 new subdivision lots on Tassajara Lane, Summit View Lane, and Ironstone Court in Danville. • Annexation Parcel 171 -2 is comprised of three existing lots on Lomas Cantadas in the El Toyonal area of Orinda. • Annexation Parcel 171 -3 is comprised of seven improved lots on Echo Spring Road in Lafayette. These properties are part of the Echo Spring Contractual Assessment District (CAD 2001 -2). • Annexation Parcel 171 -4 is comprised of five properties on Pleasant Hill Road East, Alhambra Way, and Hayward Court in Martinez. • Annexation Parcel 171 -5 is comprised of four properties on Venner Road, and John Muir Road in Martinez. • Annexation Parcel 171 -6 is comprised of fifteen properties on Ramon Court, and Danville Boulevard in Danville. • Annexation Parcel 171 -7 is comprised of fourteen properties on Tassajara Lane, Cross Bridge Drive, and Sarah Court in Danville. District staff has concluded that annexation of each property in Annexation Area 171 -1 through 171 -7 is exempt from CEQA under District CEQA Guidelines Section 15319, since it would involve annexation of existing facilities or lots for exempt facilities. Adoption of the recommended resolution will establish the Board of Directors' independent finding that annexation of these properties is exempt from CEQA. RECOMMENDED BOARD ACTION: Adopt a Resolution of Application to initiate proceedings to annex seven annexation areas to the District (District Annexation 171) and finding that annexation of each property within the seven areas is exempt from the California Environmental Quality Act (CEQA). N: \ENVRSEC \Position Papers \Miyamoto- M111s\2008 \PP LAFCO Annexation 171 6- 5- 08.doc 0PY SUISUN Tar ark. mgr CLYDE naem MARTINEZ s MT. IEW �z "4WAM IND Ey ` PLEASANT Yy � HILL mm m amx Ivy of � m v0, CLAYTON g Lo RINDA e 6 e ALAMO saw MORAGA �+P DANVILIE • • % Nye � 1•`.`• OMIID TA811W m N � •,-% s o 0 14000 /• n FEET u LEGEND: .`• a CCCSD ANNEXATION NO. & LOCATION `'�. SON co a N Central Contra Costa Attachment Sanitary District CCCSD ANNEXATION NO. V ' 1 E V ATTACHMENT 2 RESOLUTION NO. 2008 - A RESOLUTION OF APPLICATION BY CENTRAL CONTRA COSTA SANITARY DISTRICT REQUESTING THAT THE CONTRA COSTA COUNTY LOCAL AGENCY FORMATION COMMISSION INITIATE PROCEEDINGS FOR A CHANGE OF ORGANIZATION (DISTRICT ANNEXATION NO. 171) WHEREAS, the Central Contra Costa Sanitary District (CCCSD) proposes to initiate proceedings pursuant to the Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000 for a change of organization; and WHEREAS, the change of organization is proposed for the following reasons: 1. The owners of sixty -three (63) properties within the areas proposed to be annexed have submitted "Petitions for Annexation" to CCCSD; 2. Twelve (12) properties have been included as "fill -in" parcels to streamline staff work and avoid the creation of new islands inside CCCSD boundaries; 3. All of the properties are within the CCCSD Sphere of Influence, as previously approved by LAFCO; 4. All of the properties are within the Contra Costa County Urban Limit Line; 5. CCCSD will assume responsibility, upon annexation, for maintenance and operation of public sewer facilities required to provide service to the areas proposed to be annexed; 6. CCCSD requires that all served properties annex to the District (CCCSD Standard Specifications Section 3 -07); and 7. No other sewering agency can reasonably serve these areas. WHEREAS, the proposed change in organization consists of seven "single areas" (as defined by the State Board of Equalization) generally adjacent to the'existing District boundary, as shown and described on the maps and geographical descriptions attached hereto as Exhibits 171 -1 through 171 -7 and by this reference incorporated herein, comprising a total of 56.5 acres, more or less; and WHEREAS, Contra Costa County is the only affected county (the areas proposed for annexation to CCCSD are in the cities of Danville, Martinez, and Orinda); and no other sewering agencies are involved; and WHEREAS, the areas proposed for annexation to CCCSD are inhabited (12 or more registered voters); and WHEREAS, if the annexation were approved, all of the provisions of the CCCSD Code would become applicable to the properties annexed including the requirement that annexation charges be collected at the time of connection to the public sewer system; and WHEREAS, staff has concluded that annexation of each of the properties included in Annexation Parcel areas 171 -1 through 171 -7 is exempt from the California Environmental Quality Act (CEQA); and N: \ENVRSEC \Position Papers\Miyamoto- Mills\2008 \Res LAFCO Annexation 171 6- 5- 08.doc NOW, THEREFORE BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: THAT CCCSD staff is directed to submit this Resolution of Application requesting that the Contra Costa County Local Agency Formation Commission (LA'FCO) initiate annexation proceedings, as authorized and in the manner required under the Cortese- Knox - Hertzberg Reorganization Act of 2000, together with a complete application package including all other required information, geographical descriptions, maps, forms, questionnaires, fees, and a mailing list of affected property owners, and of all other property owners and registered voters who reside within 300 feet of each of the proposed annexation areas. THAT CCCSD staff is directed to file any necessary CEQA documents with Contra Costa County. THAT adoption of this resolution will establish the CCCSD Board of Directors' independent finding that annexation of each of the properties shown and described in Exhibits 171 -1 through 171 -7 hereto is exempt from CEQA. PASSED AND ADOPTED this 5th day of June 2008, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Gerald R. Lucey, President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme Secretary of Central Contra Costa Sanitary District, County of Contra Costa State of California APPROVED AS TO FORM: Kenton L. Alm District Counsel N: \ENVRSEC \Position Papers \Miyamoto- Mi11s\2008 \Res LAFCO Annexation 171 6- 5- 08.doc Page 1 of 2 Exhibit A ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 1 GEOGRAPHIC DESCRIPTION All that certain real property, situate in the Town of Danville, in the County of Contra Costa, State of California, and being a portion of Rancho San Ramon (Carpentier), described as follows: Commencing at the Mount Diablo Base and Meridian Principal Point; Thence, ( 1 ) South 25 004'03" West 29,169.98 feet to the true point of beginning, said point of beginning being a point on the existing Central Contra Costa Sanitary District Boundary at Annexation No. 136; Thence, ( 2 ) South 00 °14'53" West 523.28 feet; Thence, ( 3 ) along a non - tangent curve to the left with Radius 225.00 feet Delta 55010'5811 Arc Length 216.70 feet Chord Length 208.42 feet Chord Bearing South 62 °32'42" West Radial Bearing South 00 008'11" West Thence, ( 4 ) South 34 °57'13" West 108.00 feet; Thence, ( 5 ) North 77 °22'21" West 27.03 feet; Thence, ( 6 ) South 34 °57'16" West 288.88 feet; Thence, ( 7 ) North 55 °02'46" West 153.06 feet; Thence, ( 8 ) North 12 001'50" West 230.06 feet; Thence, ( 9 ) North 77 °22'19" West 521.47 feet; Thence, ( 10 ) South 39 040'56" West 140.39 feet; Thence, ( 11 ) North 89 044'38" West 123.55 feet; Thence, ( 12) South 87 054'44" West 5.98 feet; Thence, ( 13) North 00 006'17" East 154.86 feet; Thence, ( 14 ) North 00 015'59" East 701.48 feet; Thence, ( 15) North 89 009'55" East 527.75 feet; Thence, ( 16 ) South 30 °27'38" East 343.15 feet; Page 2 of 2 Exhibit A ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 1 GEOGRAPHIC DESCRIPTION Thence, ( 17 ) South 78 °53'49" East 516.94 feet; Thence, ( 18 ) North 40 041'49" East 199.27 feet to the point of beginning. Containing 21.8 acres of land more or less. For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer of sale of the land described. W =`=2� No xr Qo� w T J i Z� m �wrw)grIa ov' 3 �J Q�G`i o d� o tt g w `�, m o�, °�p mO1Q 2 �CC tVU�Xl ySA N> F o Cl V) L. ... M �NNP J O O U CL V z m / i x W Z L) F 4 1 W a n n n n n II I1 I! 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Thence, ( 1 ) North 88 °47'06" West 85,994.65 feet to the true point of beginning, said point of beginning being a point on the existing Central Contra Costa Sanitary District Boundary at Annexation Nos. 110 and 145; Thence, ( 2 ) South 49 °19'32" West 267.78 feet; Thence, ( 3 ) along a tangent curve to the left with; Radius 80.00 feet Delta 70 044'09" Arc Length 98.77 feet Chord Length 92.61 feet Chord Bearing South 13 °57'28" West Radial Bearing South 40 °40'28" East Thence, ( 4 ) South 21'24'37" East 53.58 feet; Thence, ( 5 ) along a tangent curve to the right with; Radius 40.00 feet Delta 95 006'58" Arc Length 66.40 feet Chord Length 59.04 feet Chord Bearing South 26 °08'52" West Radial Bearing South 68 °35'23" West Thence, ( 6 ) South 73 °42'21" West 51.14 feet; Thence, ( 7 ) along a tangent curve to the left with; Radius 80.00 feet Delta 31002'36" Arc Length 43.34 feet Chord Length 42.82 feet Chord Bearing South 58 011'03" West Radial Bearing South 16 013'39" East Page 2 of 3 Exhibit A ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 2 GEOGRAPHIC DESCRIPTION Thence, ( 8 ) South 42 °39'45" West 138.86 feet; Thence, ( 9 ) along a tangent curve to the right with; Radius 110.00 feet Delta 26 041'23" Arc Length 51.24 feet Chord Length 50.78 feet Chord Bearing South 56 °00'26" West Radial Bearing North 47 °20'15" West Thence, ( 10 ) along a reverse curve to the left with; Radius 80.00 feet Delta 62 021'37" Arc Length 87.07 feet Chord Length 82.84 feet Chord Bearing South 38 °1019" West Radial Bearing South 20 038'53" East Thence, ( 11 ) South 06 °59'30" West 48.15 feet; Thence, ( 12 ) South 11 °03'05" West 25.35 feet; Thence, ( 13 ) South 12 °50'42" West 140.73 feet; Thence, ( 14 ) along a tangent curve to the right with; Radius 225.00 feet Delta 12 036'14" Arc Length 49.50 feet Chord Length 49.40 feet Chord Bearing South 19 °08'49" West Radial Bearing North 77 009'18" West Thence, ( 15 ) South 25 °26'56" West 2.81 feet; Thence, ( 16 ) North 47 °38'46" West 224.66 feet; Thence, ( 17 ) North 00 030'24" East 192.38 feet; Thence, ( 18 ) North 49 024'12" East 129.44 feet; Thence, ( 19 ) North 58 049'47" East 280.02 feet; Exhibit A ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 2 GEOGRAPHIC DESCRIPTION Thence, ( 20 ) along a non - tangent curve to the left with; Radius 235.00 feet Delta 39 008'29" Arc Length 160.54 feet Chord Length 157.44 feet Chord Bearing North 25 °06'21" West Radial Bearing South 84 027'53" West Thence, ( 21 ) South 64 °19'45" East 223.67 feet; Thence, ( 22 ) along a non - tangent curve to the right with; Radius 105.00 feet Delta 52 007'57" Arc Length 95.54 feet Chord Length 92.28 feet Chord Bearing North 23 °15'34" East Radial Bearing North 87 011'35" East Thence, ( 23 ) North 49 °19'32" East 110.46 feet; Thence, ( 24 ) North 47 °16'42" West 65.67 feet; Thence, ( 25 ) North 74 °35'06" West 22.74 feet; Thence, ( 26 ) North 76 °19'53" West 18.23 feet; Thence, ( 27 ) North 12 049'16" East 39.78 feet; Thence, ( 28 ) South 73 039'20" East 33.31 feet; Thence, ( 29 ) South 89 046'01" East Containing 3.5 acres of land more or less. Page 3 of 3 182.70 feet to the point of beginning. For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer of sale of the land described. � ,N No. 6164 E* 12411PA \\ 2 m � \� � � } ! AVE � * n s - !— ! { ) � < � Cw § \(§ � \ }\a< / } }§ § \ \ \ e 3bq'@ f � � kv)�[ /e§ / } = { /�CL e= / � a \ { cn ``�+ s36 \ \ � / / «/ / \~ 1� a = oCD ~ � J /\ C 00 7 u \ o u 9 4 ) § (« 3 § � % ( ^ \ _ 0 LO �£ 2| §\ a \ 10 CN \ \) ! , C 0 6.6 j § |£ 9 4 § � \ ®\ 4FG - ( ^ \ _ 0 LO �£ 2| §\ a \ 10 CN \ \) ! , C 0 6.6 j § |£ G ƒ |- § .. §k } \ </ , § 7 )6§ )!$ \ ) / r - %f) ) 3 6 6 / ) 2 \ k } k w G / ) ., . } I CL CL * | � � , a« »mn««'Gewmc 11 11 Page 1 of 2 Exhibit B ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 2 NUMBERED COURSE INDEX TABLE No. Bearing Distance 1 North 88 047'06" West 85,994.65 feet Point of beginning on CCCSD Boundary 2 South 49019'32" West 267.78 feet 3 Curve to the left, Chord length: 92.61 feet 4 South 21024'37" East 53.58 feet 5 Curve to the right, Chord length: 59.04 feet 6 South 73 042'21" West 51.14 feet 7 Curve to the left, Chord length: 42.82 feet 8 South 42 039'45" West 138.86 feet 9 Curve to the right, Chord length: 50.78 feet 10 Curve to the left, Chord length: 82.84 feet 11 South 06 059'30" West 48.15 feet 12 South 11 °03'05" West 25.35 feet 13 South 12 050'42" West 140.73 feet 14 Curve to the right, Chord length: 49.40 feet 15 South 25 026'56" West 2.81 feet 16 North 47 038'46" West 224.66 feet 17 North 00 030'24" East 192.38 feet 18 North 49 024'12" East 129.44 feet 19 North 58 049'47" East 280.02 feet 20 Curve to the left, Chord length 157.44 feet 21 South 64 019'45" East 223.67 feet 22 Curve to the right, Chord length: 92.28 feet 23 North 49 019'32" East 110.46 feet 24 North 47 016'42" West 65.67 feet 25 North 74 035'06" West 22.74 feet 26 North 76019'53" West 18.23 feet 27 North 12 049'16" East 39.78 feet 28 South 73 039'20" East 33.31 feet 29 South 89 046'01" East 182.70 feet Page 2 of 2 Exhibit B ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 2 NUMBERED COURSE INDEX TABLE Curve data No. Bearing of Radial Line Radius Delta Arc Length 3 South 40 040'28" East 80.00' 70 044'09" 98.77' 5 South 68 035'23" West 40.00' 95 006'58" 66.40' 7 South 16 013'39" East 80.00' 31002'36" 43.34' 9 North 47 020'15" West 110.00' 26 041'23" 51.24' 10 South 20 038'53" East 80.00' 62 021'37" 87.07' 14 North 77 009'18" West 225.00' 12 036'14" 87.07' 20 South 84 027'53" West 235.00' 39 008'29" 160.54' 22 North 87 °11'35" East 105.00' 52 007'57" 95.54' Page 1 of 2 Exhibit A ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 3 GEOGRAPHIC DESCRIPTION All that certain real property, situate in the City of Lafayette, in the County of Contra Costa, State of California, and being a portion of Rancho Canada Del Hambre y Las Bolsas, described as follows: Commencing at the Mount Diablo Base and Meridian Principal Point; Thence, ( 1 ) North 72 °47'10" West 59,457.23 feet to the true point of beginning, said point of beginning being a point on the existing Central Contra Costa Sanitary District Boundary at Annexation Nos. 32 and 48; Thence, ( 2 ) North 82 °09'08" West 613.95 feet; Thence, ( 3 ) North 10 °59'58" West 23.38 feet; Thence, (4 ) North 65 °51'43" West 37.92 feet; Thence, ( 5 ) South 79 °51'13" West 33.69 feet; Thence, ( 6 ) South 15 056'55" West 22.52 feet; Thence, ( 7 ) North 82 006'29" West 308.93 feet; Thence, ( 8 ) North 11055'40" East 120.78 feet; Thence, ( 9 ) North 32 °16'48" West 172.78 feet; Thence, ( 10 ) North 31059'46" East 93.00 feet; Thence, ( 11 ) South 60 027'19" East 89.15 feet; Thence, ( 12 ) South 64 043'50" East 80.27 feet; Thence,( 13) North 83 °36'59" East 167.80 feet; Thence, ( 14 ) South 71043'28" East 128.62 feet; Thence, ( 15 ) North 23 014'02" West 247.91 feet; Thence, ( 16 ) North 64 054'53" East 5.00 feet; Thence, ( 17) North 23 °14'02" West 57.38 feet; Thence, ( 18) North 87 042'30" East 148.02 feet; Thence, ( 19 ) South 45 033'58" East 219.99 feet; Thence, ( 20 ) South 81016'25" East 19.57 feet; Thence, ( 21 ) South 56 005'28" East 80.51 feet; Thence, ( 22 ) North 73 003'17" East 7.74 feet; Thence, ( 23 ) South 26 026'57" East 158.41 feet; Thence, ( 24 ) North 75 042'43" East 127.91 feet; Page 2 of 2 Exhibit A ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 3 GEOGRAPHIC DESCRIPTION Thence, ( 25 ) South 14 °44'23" East 371.22 feet to the point of beginning. Containing 8.6 acres of land more or less. For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer of sale of the land described. MJ No. Si * _ cam. JwV _ OF ■m \ �~� 5 } t / 3 ® VNWI � WEST NO ROAD � � � � i � � � \ ( | (@ \ f - ?z / (° // - - * < )} j ®J2 ;7� } m § \»® « / %)L(\e- } \ as\ \ -M\ / ( /F- c % % % � 0 \\ / ~ ® \x J ) }~ ® � J /CI4 \ o u � \ /« )* I * CL � �� 4 g « ) +\ \/ \\J 'if !e \\ \| � 2,S o § 2 >LU / § |- / §■ <2 / � � $ 2!§ � 7!% s, } Z { \ ( k z 3 R 2 z /§\ bb k§ 2 5: ) w ))• i � �� « � | � � � � ƒ � 4 � f � � » � / . / / / / / � ®oar«« Gm, mr Page 1 of 1 Exhibit B ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 3 NUMBERED COURSE INDEX TABLE No. Bearing Distance 1 North 72 047'10" West 59,457.23 feet Point of beginning on CCCSD Boundary 2 North 82 009'08" West 613.95 feet 3 North 10 °59'58" West 23.38 feet 4 North 65 051'43" West 37.92 feet 5 South 79 051'13" West 33.69 feet 6 South 15 056'55" West 22.52 feet 7 North 82 006'29" West 308.93 feet 8 North 11 055'40" East 120.78 feet 9 North 32 °16'48" West 172.78 feet 10 North 31059'46" East 93.00 feet 11 South 60 027'19" East 89.15 feet 12 South 64 043'50" East 80.27 feet 13 North 83 036'59" East 167.80 feet 14 South 71043'28" East 128.62 feet 15 North 23 014'02" West 247.91 feet 16 North 64 054'53" East 5.00 feet 17 North 23014'02" West 57.38 feet 18 North 87 042'30" East 148.02 feet 19 South 45 033'58" East 219.99 feet 20 South 81 016'25" East 19.57 feet 21 South 56 005'28" East 80.51 feet 22 North 73 °03'17" East 7.74 feet 23 South 26 026'57" East 158.41 feet 24 North 75 042'43" East 127.91 feet 25 South 14 044'23" East 371.22 feet Page 1 of 2 Exhibit A ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 4 GEOGRAPHIC DESCRIPTION All that certain real property, situate in the City of Martinez, in the County of Contra Costa, State of California, and being a portion of Ranchos Las Juntas and El Pinole, described as follows: Commencing at the Mount Diablo Base and Meridian Principal Point; Thence, ( 1 ) North 56 °29'36" West 72,194.62 feet to the true point of beginning, said point of beginning being a point on the existing Central Contra Costa Sanitary District Boundary at Annexation No. 125; Thence, ( 2 ) South 72 032'28" West 61.80 feet; Thence, ( 3 ) North 80 009'47" West 23.44 feet; Thence, (4 ) North 39 007'14" West 31.97 feet; Thence, ( 5 ) North 74 022'08" West 92.51 feet; Thence, ( 6 ) North 26 005'44" West 12.23 feet; Thence, ( 7 ) South 68 013'29" West 61.07 feet; Thence, ( 8 ) North 20 050'18" West 122.84 feet; Thence, ( 9 ) North 09 019'37" East 276.57 feet; Thence, ( 10 ) North 05 017'37" West 113.49 feet; Thence,( 11 ) North 04 017'36" East 63.78 feet; Thence, ( 12 ) North 72 009'50" East 41.84 feet; Thence, ( 13) North 05 °04'11" East 65.02 feet; Thence, ( 14 ) North 18 046'38" West 136.31 feet; Thence, ( 15 ) North 72 017'59" East 3.95 feet; Thence, ( 16 ) South 46 °35'35" East 64.71 feet; Thence, ( 17) South 65 °41'16" East 207.21 feet; Thence, ( 18 ) South 52 044'39" East 36.78 feet; Thence, ( 19 ) South 29 027'30" West 201.45 feet; Thence, ( 20 ) South 02 °10'16" West 60.59 feet; Thence, ( 21 ) along a non - tangent curve to the left with; Radius 40.00 feet Delta 49 005'45" Arc Length 34.28 feet Chord Length 33.24 feet Chord Bearing South 66 028'32" West Radial Bearing South 01'01'24" West Page 2 of 2 Exhibit A ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 4 GEOGRAPHIC DESCRIPTION Thence, ( 22 ) North 46 °38'59" West 44.85 feet; Thence, ( 23 ) South 13 054'23" West 50.17 feet; Thence, ( 24 ) South 50 052'40" West 50.07 feet; Thence, ( 25 ) South 31 °23'13" West 45.08 feet; Thence, ( 26 ) South 49 °55'14" East 79.57 feet; Thence, ( 27 ) South 17 °38'29" East 42.08 feet; Thence, ( 28 ) South 60 °27'49" East 186.10 feet; Thence, ( 29 ) along a non - tangent curve to the left with; Radius 150.00 feet Delta 48 042'18" Arc Length 127.51 feet Chord Length 123.70 feet Chord Bearing South 04 °19'20" West Radial Bearing South 61 °19'31" East to the point of beginning Containing 2.9 acres of land more or less. For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer of sale of the land described. MIJ No. mo * \� CA co )Mid X;IJm IUlti - ° o < IL s � \ o Ad W p J Na °r- C-� 5 H H � v o CL o °� u) m C.) a c C- 5 �p ! -7. -D b y� Q`PS Q J oc c°N tZ N X F-Z0I�d m - 6 Q a0 Z P W � Z U N Z Q r.rrn raBnrHlr �= , O U CL N � ' P�H�BHP PK ol I < a < J W N O U a O V < z � Z Q m o � a Z x w Z Z O CD OU m 0 m < U < W o m 0 0 O O n a- 2 2 U Z S G W O m Z N d a. -cc K 5R d w d U N n M t\ J LO � N II II CL a II II II I z 1 II II o J 1 ` I > Yd. N F I Q° J cO U W v Q ¢ N O (� J Z✓ O J Z x J J o W S �P`c` a �S (V O I rn -k Z Z_ < �ZZ O O1 J 1 J 010& ` S bSb�)a � ORP�KMPN � 0 ro I i r- N m � tn O <=Zw J Vl N C7 Yw J � _ J z Z <G-O-M O Z ^ ~ c0 W wZOapW �� J C) Li..O 0 V) <�o OZ 0 0_ =<~<mJ a� Ow J� Ww O wmviO�� �w p� o wN rLZ • <<FX -W-Mv) ZF<- • 0 0� m� Oa NOIIVLS a rlm )Mid X;IJm IUlti - Page 1 of 1 Exhibit B ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 4 NUMBERED COURSE INDEX TABLE No. Bearing Radius Distance 1 North 56 029'36" West 72,194.62 feet 49 005'45" Point of beginning on CCCSD Boundary 2 South 72 032'28" West 61.80 feet 3 North 80 009'47" West 23.44 feet 4 North 39 °07'14" West 31.97 feet 5 North 74 022'08" West 92.51 feet 6 North 26 005'44" West 12.23 feet 7 South 68 013'29" West 61.07 feet 8 North 20 050'18" West 122.84 feet 9 North 09 019'37" East 276.57 feet 10 North 05017'37" West 113.49 feet 11 North 04 017'36" East 63.78 feet 12 North 72 009'50" East 41.84 feet 13 North 05 °04'11" East 65.02 feet 14 North 18 046'38" West 136.31 feet 15 North 72 017'59" East 3.95 feet 16 South 46 035'35" East 64.71 feet 17 South 65 041'16" East 207.21 feet 18 South 52 044'39" East 36.78 feet 19 South 29 027'30" West 201.45 feet 20 South 02 010'16" West 60.59 feet 21 Curve to the left, Chord length: 33.24 feet 22 North 46 038'59" West 44.85 feet 23 South 13 054'23" West 50.17 feet 24 South 50 052'40" West 50.07 feet 25 South 31023'13" West 45.08 feet 26 South 49 055'14" East 79.57 feet 27 South 17 038'29" East 42.08 feet 28 South 60 027'49" East 186.10 feet 29 Curve to the left, Chord length: 123.70 feet Curve data No. Bearing of Radial Line Radius Delta Arc Length 21 South 01 °01'24" West 40.00' 49 005'45" 34.28' 29 South 61 °19'31" East 150.00' 48 042'18" 127.51' Page 1 of 2 Exhibit A ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 5 GEOGRAPHIC DESCRIPTION All that certain real property, situate in the city of Martinez, in the County of Contra Costa, State of California, and being a portion of Rancho Las Juntas, described as follows: Commencing at the Mount Diablo Base and Meridian Principal Point; Thence, ( 1 ) North 55 033'35" West 69,537.50 feet to the true point of beginning, said point of beginning being a point on the existing Central Contra Costa Sanitary District Boundary at Annexation No.39; Thence, ( 2 ) South 85 °37'39" West 225.34 feet; Thence, ( 3 ) along a non - tangent curve to the left with; Radius 100.00 feet Delta 90 017'31" Arc Length 157.59 feet Chord Length 141.78 feet Chord Bearing North 44 °10'58" West Radial Bearing North 89 °02'12" West Thence, (4 ) North 50 041'23" East 271.12 feet; Thence, ( 5 ) North 28 °01'21" West 110.60 feet; Thence, ( 6 ) South 50 046'13" West 459.88 feet; Thence, ( 7 ) along a non - tangent curve to the right with; Radius 165.00 feet Delta 42017'45" Arc Length 121.80 feet Chord Length 119.06 feet Chord Bearing North 58 °51'36" West Radial Bearing North 09 °59'32" East Exhibit A ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 5 GEOGRAPHIC DESCRIPTION Thence, ( 8 ) along a reverse curve to the left with; Radius 170.00 feet Delta 27 048'49" Arc Length 82.52 feet Chord Length 81.72 feet Chord Bearing North 51 °37'08" West Radial Bearing South 52 °17'17" West Thence, ( 9 ) North 65 °31'32" West 41.20 feet; Thence, ( 10 ) North 65 042'54" East 436.56 feet; Thence, ( 11 ) North 65 °48'16" East 134.72 feet; Thence, ( 12 ) South 27 002'23" East 7.13 feet; Thence, ( 13 ) North 86 000'30" East 158.84 feet; Thence, ( 14 ) North 59 025'25" East 104.05 feet; Thence, ( 15) North 74 °03'40" East 8.39 feet; Thence, ( 16 ) South 20 °37'11" East 36.07 feet; Thence, ( 17 ) along a tangent curve to the left with; Radius 250.00 feet Delta 18 °45'20" Arc Length 81.84 feet Chord Length 81.47 feet Chord Bearing South 29 059'51" East Radial Bearing North 69 022'49" East Thence, ( 18 ) South 39 022'31" East Thence, ( 19) South 70 024'45" West Thence, ( 20) South 32 °50'56" East Thence, (21) South 72 °27'34" West Thence, ( 22) South 11 °14'02" East Containing 4.4 acres of land more or less. Page 2 of 2 47.64 feet; 125.56 feet; 164.53 feet; 140.42 feet; 125.76 feet to the point of beginning. For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer of sale of the land described. o� No. 8184 Exp. i2AVA OE H .gip, \ V \N �Q? O =W Z w w m = Q [If O = K < Q N N O w J OV Q(J�O 0- — Z Q N Z tnzOstnO O Z Z Q< aw N w/IN ~ Un'(UnOW=w o w e d FZ m w CD d LLJQ Z CO O M N c0 APO r � a J O I b N I M 9 N m0 O W v N W "2 Q z c J co �d0 QP � 4 �D N U J Z � CL o* n N to � IQ 0 Iw S C N N N N y o CAN o o N N J J?E m r O O w G r� m O U c`oC�4 mX��� _ 2 2 O 'v IL U Q 7 ao rnl Y Y'i i Y m ^ d ° 3 X K > F K Z O w � � z z 00 = Z U m O Om Q Q Q Q O O O O C C7 w w I Z5 a II II I II I W N O U a I m I IU m I to � IQ 0 Iw S S Page 1 of 1 Exhibit B ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 5 NUMBERED COURSE INDEX TABLE No. Bearing Distance 1 North 55 033'35" West 69,537.50 feet North 89 002'12" West Point of beginning on CCCSD Boundary 2 South 85 037'39" West 225.34 feet 3 Curve to the left, Chord length 141.78 feet 4 North 50 041'23" East 271.12 feet 5 North 28 001'21" West 110.60 feet 6 South 50 046'13" West 459.88 feet 7 Curve to the right, Chord length: 119.06 feet 8 Curve to the left, Chord length: 81.72 feet 9 North 65 031'32" West 41.20 feet 10 North 65 °42'54" East 436.56 feet 11 North 65 048'16" East 134.72 feet 12 South 27 002'23" East 7.13 feet 13 North 86 000'30" East 158.84 feet 14 North 59 025'25" East 104.05 feet 15 North 74 003'40" East 8.39 feet 16 South 20 °37'11" East 36.07 feet 17 Curve to the left, Chord length: 81.47 feet 18 South 39 022'31" East 47.64 feet 19 South 70 024'45" West 125.56 feet 20 South 32 050'56" East 164.53 feet 21 South 72 027'34" West 140.42 feet 22 South 11 °14'02" East 125.76 feet Curve data No. Bearing of Radial Line Radius Delta Arc Length 3 North 89 002'12" West 100.00' 90 017'31" 157.59' 7 North 09 059'32" East 165.00' 42 017'45" 121.80' 9 South 52 017'17" West 170.00' 27 048'49" 82.52' 18 North 69 022'49" East 250.00' 18 °45'20" 81.84' Page 1 of 1 Exhibit A ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 6 GEOGRAPHIC DESCRIPTION All that certain real property, situate in the Town of Danville, in the County of Contra Costa, State of California, and being a portion of Rancho San Ramon (Carpentereia), described as follows: Commencing at the Mount Diablo Base and Meridian Principal Point; Thence, ( 1 ) South 55 °48'04" West 32,395.98 feet to the true point of beginning, said point of beginning being a point on the existing Central Contra Costa Sanitary District Boundary at Annexation No. 9; Thence, ( 2 ) South 28 °21'52" West 75.06 feet; Thence, ( 3 ) North 67 °44'27" West 84.01 feet; Thence, (4 ) South 46 057'09" West 820.93 feet; Thence, ( 5 ) North 51 °28'06" West 368.27 feet; Thence, ( 6 ) North 46 057'17" East 193.34 feet; Thence, ( 7 ) North 43 010'29" West 104.72 feet; Thence, ( 8 ) North 46 °48'39" East 274.21 feet; Thence, ( 9 ) North 37 023'31" East 141.84 feet; Thence, ( 10 ) North 73 015'29" East 92.05 feet; Thence,( 11 ) North 17 017'36" East 175.47 feet; Thence, ( 12 ) South 89 058'24" East 12.90 feet; Thence, ( 13) South 88 047'16" East 197.22 feet; Thence, ( 14 ) South 17 050'57" East 187.81 feet; Thence, ( 15 ) South 06 053'24" East 3.33 feet; Thence, ( 16 ) South 57 °28'49" East 281.49 feet to the point of beginning. Containing 9.8 acres of land more or less. For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer of sale of the land described. A p j, No. $144 * Eq. 1ovl- '' p F CF► O C N }JO�o° .Q) J W N U caz z°-' p ° oz <v $ftc �aoC,4 ^� ':PLLtY Ap 2 �v G� 00 VO WZVf��N N'O Q ^CV RE CD C3 CL cn CH 0 H'1101 0 Iy ¢ ¢ c'� U °-�amm �'� y mz �� o a_ 0 J Z o0 �- �ZZw= O` C`D N HO ¢ z p w NO�� �dIVX mX ub i QZ ��wo in¢o >' _ S >ui g �� ��� x 5 _ Z Vi < s w `4 �mCL -°mo- w Zp O~ a� �� c�tP ja�wv/i`viv ti v Q ' Q Z ¢ w �/, o °o mo d U U z � CL O m � s w < w ° co M z 5. CL < 3 2 O w W z =) z U Z F U m O < U ¢ W J O O O U 1,� W Z N O Z Z U $ W Z Z W O U d d d d W a. N II II II II II II II J O7 ^ I I < I OW CL or 2 N O I ' � O 1 a V J N � Obi M pOf S C> O I C> I O O 'I 00 p N V O O O � O O O O O U o* J w 0 2 N O � N i I I l0 -Ol l -OOZ o _ —� 40O- 011 -OOZ i J i ZlO- OII-OOZ O -k — m � £00- 01 l -OOZ L vi -k £l0- 011 -OOZ < ao ai z r<- S O � o U O O p ° O t0 O^t ^ O N N n N Y (� DANN�IE BLw ° b'^P'ilaNl I�)I�'•' lLl�l /ICI; \�:)' / \,4?b!\ J Page 1 of 1 Exhibit B ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 6 NUMBERED COURSE INDEX TABLE No. Bearing Distance 1 South 55 °48'04" West 32,395.98 feet Point of beginning on CCCSD Boundary 2 South 28 021'52" West 75.06 feet 3 North 67 °44'27" West 84.01 feet 4 South 46 057'09" West 820.93 feet 5 North 51028'06" West 368.27 feet 6 North 46 057'17" East 193.34 feet 7 North 43 010'29" West 104.72 feet 8 North 46 048'39" East 274.21 feet 9 North 37 023'31" East 141.84 feet 10 North 73 015'29" East 92.05 feet 11 North 17 017'36" East 175.47 feet 12 South 89 °58'24" East 12.90 feet 13 South 88 047'16" East 197.22 feet 14 South 17 050'57" East 187.81 feet 15 South 06 053'24" East 3.33 feet 16 South 57 028'49" East 281.49 feet Page 1 of 2 Exhibit A ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 7 GEOGRAPHIC DESCRIPTION All that certain real property, situate in the Town of Danville, in the County of Contra Costa, State of California, and being a portion of Rancho San Ramon (Carpentier), described as follows: Commencing at the Mount Diablo Base and Meridian Principal Point; Thence, ( 1 ) South 23 °25'55" West 28,735.62 feet to the true point of beginning; Thence, ( 2 ) South 52 058'46" East 200.00 feet; Thence, ( 3 ) South 32 058'26" West 317.53 feet; Thence, (4) South 34 023'48" West 79.90 feet; Thence, ( 5 ) along a non - tangent curve to the left with Radius 175.00 feet Delta 30 °11'49" Arc Length 92.23 feet Chord Length 9 1. 17 feet Chord Bearing South 05 033'56" West Radial Bearing South 69 °20'09" East Thence, ( 6 ) South 82 °10'33" East 158.10 feet; Thence, ( 7 ) South 11 "4313" East 225.09 feet; Thence, (8) South 64 007'44" West 91.34 feet; Thence, ( 9 ) South 32 °57'42" West 325.02 feet; Thence, ( 10 ) North 88 °49'57" West 39.66 feet; Thence, ( 11 ) North 18 "51'31" West 306.53 feet; Thence, ( 12 ) along a non - tangent curve to the left with Radius 750.00 feet Delta 03 053'38" Arc Length 50.97 feet Chord Length 50.96 feet Chord Bearing North 84 °04'22" East Radial Bearing North 03 058'49" West Thence, ( 13 ) along a compound curve to the left with Radius 162.01 feet Page 2 of 2 Exhibit A ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 7 GEOGRAPHIC DESCRIPTION Delta 102 059'55" Arc Length 291.24 feet Chord Length 253.58 feet Chord Bearing North 30 °37'35" East Radial Bearing North 07 °5227" West Thence, ( 14 ) along a reverse curve to the right with Radius 200.00 feet Delta 13 006'12" Arc Length 45.74 feet Chord Length 45.64 feet Chord Bearing North 14 °19'16" West Radial Bearing North 69 007'38" East Thence, ( 15 ) North 81041'51" West 21.61 feet; Thence, ( 16 ) North 66 006'14" West 156.12 feet; Thence, ( 17 ) North 78 006'14" West 123.05 feet; Thence, ( 18 ) North 48 012'05" West 21.46 feet; Thence, ( 19 ) North 42 018'33" East 585.99 feet to the point of beginning. Containing 5.5 acres of land more or less. For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer of sale of the land described. \ i- Z J J W V Y arca PtrROa � <�o� \�� d rrHOre y� v goz\ QG� \ 0 o $ W Z -Ro p Q > v E- Z ONZ <N= \\ Cl) ,gp� m �COF< <� 1 ¢ 4 - �� J �ZZ-c�S�m I J C% a CD Z D,a C W muz f ;5 r W � O U,Acn O7 -, -- LU 7 z act Q CkC s Ni[Y Q ..iDR � / Q/ V � m Z Z 6 m Z O W pmQ X ZZ O+ N m3 Z N < F m m < U W � O n z z 5 F it It n n n n v 3M+I ravrvSSVt o v O M n N 1 V r N / l J n / J � � J U Q� / 1 dj �dJ L00- 009 -LOZ _ � m W 6„ CL SMp X34 '41 Page 1 of 1 Exhibit B ANNEXATION NO. 171 TO CENTRAL CONTRA COSTA SANITARY DISTRICT PARCEL 7 NUMBERED COURSE INDEX TABLE No. Bearing Distance 1 South 23 025'55" West 28,735.62 feet South 69 °20'09" East Point of beginning on CCCSD Boundary 2 South 52 058'46" East 200.00 feet 3 South 32 °58'26" West 317.53 feet 4 South 34 °23'48" West 79.90 feet 5 Curve to the left, Chord length: 91.17 feet 6 South 82 010'33" East 158.10 feet 7 South 11043'13" East 225.09 feet 8 South 64 °07'44" West 91.34 feet 9 South 32 057'42" West 325.02 feet 10 North 88 04957" West 39.66 feet 11 North 18 °51'31" West 306.53 feet 12 Curve to the left, Chord length: 50.96 feet 13 Curve to the left, Chord length: 253.58 feet 14 Curve to the right, Chord length: 45.64 feet 15 North 81 °41'51" West 21.61 feet 16 North 66 °06'14" West 156.12 feet 17 North 78 006'14" West 123.05 feet 18 North 48 012'05" West 21.46 feet 19 North 42 018'33" East 585.99 feet Curve data No. Bearing of Radial Line Radius Delta Arc Length 5 South 69 °20'09" East 175.00' 30 °11'49" 92.23' 12 North 03 058'49" West 750.00 03 053'38" 50.97' 13 North 07 052'27" West 162.01' 102 059'55" 291.24' 14 North 69 007'38" East 200.00' 13 006'12" 45.74' Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No.: 4.p. Consent Calendar Type of Action: SET HEARING DATE Subject: ADOPT A RESOLUTION ESTABLISHING JULY 3, 2008 AS THE DATE FOR A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF VIA VAQUEROS ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2008 -7 Submitted By: Initiating Dept. /Div.: Russell B. Leavitt, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: wc,, - Vv — — G�K R. Leavitt C. Swanson A. Farrell K. Alm I ames M. Ily eneral Ma Z ger ISSUE: A public hearing is required to establish the Via Vaqueros Alhambra Valley Assessment District (AVAD) No. 2008 -7. A public hearing is also required to create an assessment district pursuant to the procedure adopted under Proposition 218, which amended the California Constitution, Article XIII D, Section 4. RECOMMENDATION: Adopt a resolution establishing July 3, 2008 as the date for a public hearing regarding Via Vaqueros AVAD No. 2008 -7 pursuant to California Constitution, Article XIII D, Section 4, and Streets and Highways Code, Sections 5898.20 and 5898.24. FINANCIAL IMPACTS: There are minor costs for publishing a legal notice advertising the public hearing and for staff preparation and attendance. These costs will eventually be paid by the AVAD participants. Subsequent approval of the Via Vaqueros AVAD would commit the District to fund up to $142,115 in sewer improvements. ALTERNATIVES /CONSIDERATIONS: Select a later date for the public meeting - This would delay the AVAD proceedings, since the holding of a public hearing is required by law. 2. No action by the Board - No action will delay the AVAD proceedings until a different public hearing date is set since the holding of a public hearing is required by law. BACKGROUND: On January 17, 2008, the Board of Directors adopted a resolution of intention to create Via Vaqueros AVAD No. 2008 -7 for the purpose of installing sewer improvements on Via Vaqueros in unincorporated Martinez. The proposed Via Vaqueros AVAD No. 2008 -7 complies with the AVAD policy approved at the November 2, 2006 Board of Directors meeting. Eleven properties could be served by a Via Vaqueros AVAD public sewer. As required by Proposition 218, an Engineer's Report N: \ENVRSEC \Position Papers \Leavitt\2008 \PP Set Public Hearing Via Vacqueros AVAD 2008 -7 6- 5- 08.doc Page 1 of 2 POSITION PAPER Board Meeting Date: June 5, 2008 Subject: ADOPT A RESOLUTION ESTABLISHING JULY 3, 2008 AS THE DATE FOR A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF VIA VAQUEROS ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2008 -7 estimating assessments for properties within the AVAD has been prepared and distributed. District staff will provide the Engineer's Report to Board members upon request. It is now appropriate to schedule a public hearing to offer interested parties the opportunity to comment on the proposed assessments and related issues. A resolution has been prepared (Attachment 1), which, if adopted, will set the date of the public hearing for July 3, 2008. RECOMMENDED BOARD ACTION: Adopt a resolution establishing July 3, 2008 as the date for a public hearing to consider the establishment of Via Vaqueros Alhambra Valley (AVAD) No. 2008 -7 pursuant to California Constitution, Article XIII D, Section 4, and Streets and Highways Code, Sections 5898.20 and 5898.24. N: \ENVRSEC \Position Papers \Leavitt\2008 \PP Set Public Hearing Via Vacqueros AVAD 2008 -7 6- 5- 08.doc Page 2 of 2 ATTACHMENT 1 RESOLUTION NO. 2008- RESOLUTION SETTING HEARING OF PROTESTS ON VIA VAQUEROS ALHAMBRA VALLEY ASSESSMENT DISTRICT (AVAD NO. 2008 -7) WHEREAS, on January 17, 2008, this Board of Directors adopted Resolution 2008 -16 expressing the intent of the District to proceed with the Via Vaqueros Alhambra Valley Assessment District (AVAD) No. 2008 -7 for the purpose of installing sewer improvements on Via Vaqueros in unincorporated Martinez, CA; and WHEREAS, at the direction of this Board of Directors, Curtis W. Swanson, Environmental Services Division Manager, as Engineer of Work for improvement proceedings for Via Vaqueros AVAD No. 2008 -7, Central Contra Costa Sanitary District, Contra Costa County, California, has prepared a report described in Section 5898.22 of the Streets and Highways Code (Municipal Improvement Act of 1911); and WHEREAS owners of each affected parcel will be provided written notice of the proposed assessment and ballot to indicate approval or opposition of the assessment pursuant to the procedures required by California Constitution Article XIII D, Section 4, as amended by Proposition 218; NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District resolves: 1. This Board sets 2 PM on July 3, 2008 at the Meeting Room of the Board of Directors, 5019 Imhoff Place, Martinez, California, as the time and place for hearing protests to the proposed improvements and the creation of the proposed Alhambra Valley Assessment District and assessment. 2. The Secretary of the District is directed to publish and mail the notices of improvement required by the Municipal Improvement Act of 1911, and to file affidavits of compliance. PASSED AND ADOPTED this 5th day of June 2008, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: Gerald R. Lucey President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: APPROVED AS TO FORM: Elaine R. Boehme, Secretary Central Contra Costa Sanitary District County of Contra Costa, State of California Kenton L. Alm District Counsel NAENVRSEC \Position Papers\l-eavitt\2008 \Res Via Vacqueros AVAD 2008 -7 6- 5- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No.: 4.q. Consent Calendar Type of Action: CONFIRM PUBLICATION subject: ADOPT A RESOLUTION CONFIRMING PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 248 - ADDING SECTION 6.20.400 TO THE DISTRICT CODE REGARDING CUSTOMER REIMBURSEMENT OF DISTRICT INSTALLATION COSTS Submitted By: Initiating Dept. /Div.: Administrative Department Elaine R. Boehme Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: Q�A-0— E. Boehme K. Alm n IQ&- V. mes M. K Ily, neral Manager ISSUE: Section 6490 of the Health and Safety Code of the State of California provides that District ordinances shall be published once in a newspaper of general circulation within the District, and provides that an Order of the Board of Directors of the District to the effect that the ordinance has been published shall constitute conclusive evidence that publication has been properly made. RECOMMENDATION: Adopt a resolution confirming the publication of a summary of District Ordinance No. 248. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: Establishes presumption that the ordinance was correctly published and therefore would be deemed procedurally valid by a court. BACKGROUND: A summary of District Ordinance No. 248 which was adopted by the Board at the meeting of April 3, 2008, and which adds Section 6.20.400 to the District Code regarding Customer Reimbursement of District Installation Costs, was published in the Contra Costa Times on April 11, 2008. Proof of publication is attached. RECOMMENDED BOARD ACTION: Adopt a resolution confirming the publication of a summary of District Ordinance No. 248. Page 1 of 3 RESOLUTION NO. 2008- RESOLUTION CONFIRMING PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 248 ADDING SECTION 6.20.400 TO THE DISTRIT CODE REGARDING CUSTOMER REIMBURSEMENT OF DISTRICT INSTALLATION COSTS WHEREAS, Section 6490 of the Health and Safety Code of the State of California provides that District ordinances shall be published once in a newspaper of general circulation within the District, and provides that an Order of the Board of Directors of the District to the effect that the Ordinance has been published shall constitute conclusive evidence that publication has been properly made. NOW, THEREFORE, be it resolved by the Board of Directors of the Central Contra Costa Sanitary District as follows: THAT a summary of District Ordinance No. 248 which was adopted on April 3, 2008, and which adds Section 6.20.400 to the District Code regarding Customer Reimbursement of District Installation Costs, has been properly published once since its adoption in a newspaper of general circulation within Contra Costa County. PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors this 5t" day of June, 2008 by the following vote: AYES: Members: NOES: Members: ABSENT: Members: COUNTERSIGNED: Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Gerald R. Lucey President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California Kenton L. Alm District Counsel Contra Costa Times P O Box 4147 Walnut Creek, CA 94596 (925) 935 -2525 Central CC Sanitary Ann/Accts Payable,5019 Imhoff PI. Martinez CA 94553 -4316 PROOF OF PUBLICATION FILE NO. ORD -248 In the matter of I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598 And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy (set in type not small than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 4/11/2008 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 23 day of April, 2008 Signature Legal No SUMMARY OF ORDINANCE N0.208 AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ADDING DISTRICT CODE SECTION G20A00, CUSTOMER REIMBURSEMENT OF DISTRICT INSTALLATION COSTS Ordinance No. 248 amends the Central Contra Costa Sanitary District Code by addlnpp Section 6.20.400 regpard. Ing Customer Reim- bursement of District In- stallation Costs. 6.20.400Customer relm- bursement of District lo- stallallon costa. NOTE: The above Is a ordlnance. A reading of the entire ordinance may be necessary to ob - taln afull understanding of all of the changes proposed. t full certified the proposed ordinance Is posted and may be read In the Secretary of the Dlstricrs Office at 5019 Imhoff Place, Martl - nez and /or a copy may be obtained from the of - fice. Adopted: April 3, 2008 AYES: Members: Hockett, Ned illYMenesini, NES: y embers: Lucey ABSENT: Members: None s/s Gerald R. Lucey Gerald Lucey, President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: s/s Elaine R. Boehme Elaine Boehme, Secretary Central Contra Costa Sanitary District 0002750771 ^ountylof Contra Costa. State of California APPROVED AS TO FORM: s/s Kenton L. Alm Kenton L. Alm District Counsel Legal CCT 2750771 Publish April 11, 2008 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No.: 4.r. Consent Calendar Type of Action: HUMAN RESOURCES Subject: DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN ACCORDANCE WITH THE DISCIPLINARY APPEAL PROCEDURE Submitted By: Cathryn Freitas, H. R. Initiating Dept /Div.: Administration /Human Manager Resources REVIEWED AND RECOMMENDED FOR BOARD ACTION: C. Freitas M raves James M. elly, eneral Marnager ISSUE: When a disciplinary matter is appealed to the Board, the Board must employ a neutral third party to hear the matter and recommend action to the Board in accordance with the Memorandum of Understanding between the District and the Management Support/Confidential Group (MS /CG). RECOMMENDATION: Direct staff to secure the services of an arbitrator. FINANCIAL IMPACTS: The cost to the District for the arbitration, court reporter and transcript is approximately $4000. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: Director of Collection System Operations William Brennan issued a Notice of Intent to Suspend for ten days to Pumping Stations Supervisor Leo Gonzalez. Mr. Gonzalez appealed the proposed suspension at Step Three of the disciplinary appeal process. General Manager James Kelly appointed Director of Administration Randall Musgraves to be the Step Three Hearing Officer. Mr. Musgraves upheld the suspension. His decision has been provided to the Board under separate cover. The decision has been appealed by the bargaining unit to the Board. The Human Resources Committee reviewed this matter at its May 22, 2008 meeting. RECOMMENDED BOARD ACTION: Direct staff to secure the services of an arbitrator in accordance with the District's disciplinary appeal process. CADocuments and Settings \cfreitas \My Documents \gonzalez step 4 pos ppr requesting arb 5- 8- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No.: 4.s. Consent Calendar Type of Action: REVIEW INSURANCE PREMIUMS FOR FISCAL YEAR 2008 -09 Subject. REVIEW INSURANCE PREMIUMS FOR FISCAL YEAR 2008 -09 Submitted By. Initiating Dept /Div.: Shari Deutsch, Safety & Risk Administration /Safety & Risk Management Management Administrator REVIEWED AND RECOMMENDED FOR BOARD ACTION: D I SV K. Mp4graves l mes M. Ke y, eneral Manager ISSUE: The District purchases commercial insurance to cover general and auto liability, pollution legal liability, and employment practices liability. Current insurance policies expire on June 30, 2008 and renewal pricing must be reviewed so that staff can bind renewal coverage. RECOMMENDATION: Review and approve renewal pricing and authorize staff to bind renewal coverage as follows: Policy Type Retention Coverage Limit Premium _Change Excess Liability $1,000,000 $15,000,000 -2.25% Pollution Legal Liability (HHW) $50,000 $10,000,000 -8.59% Employment Practices Liability $15,000 (gap coverage) $1,000,000 -9.74% FINANCIAL IMPACTS: The impact of the proposed recommendation is a decrease in insurance premiums, totaling approximately $14,000 from fiscal year 2007 -2008 to fiscal year 2008 -2009. ALTERNATIVES /CONSIDERATIONS: The alternative to the recommended action is to purchase coverage from other insurance companies that provided quotes to Alliant. Staff reviewed proposals received from other interested insurance companies including ACE American Insurance Company and Besso London but did not find a reduction in pricing or improvement in coverage terms. As a result, staff is not recommending any changes in insurance companies at this time. BACKGROUND: 2007 was only the third profitable year for the US property and casualty insurance industry since 1980. Losses since 1980 ranged from $2 billion to $52 billion per year. As a result, it was likely that insurance premiums would only decrease for applicants with no or low level losses. POSITION PAPER Board Meeting Date: June 5, 2008 subject: REVIEW INSURANCE PREMIUMS FOR FISCAL YEAR 2008 -09 Last year the Board voted to increase the District's excess liability self- insured retention (SIR) from $500,000 per occurrence to $1,000,000 per occurrence. Given the District's recent loss experience, staff did not request renewal pricing for this policy at the $500,000 retention. Instead, staff focused on expanding the information provided in renewal applications to better demonstrate the District's focus on safety, loss prevention, and loss control in order to minimize the impact of expected premium increases. Since that time, recent District losses have developed favorably which, in turn, made anticipated premium increases less likely. As noted below, all lines of coverage saw premium reductions. However, the excess liability policy received the lowest percentage reduction in pricing. As noted in the attached coverage changes table, the excess liability premium now includes the cost of terrorism coverage, $2,000 because it is no longer an optional coverage. The District chose not to purchase this optional coverage in the past. The excess liability price reduction is $4,641 instead of $6,641. The following table shows expiring and renewal premiums for each insurance policy. Policy Form Retention /Limit Expiring Premium Renewal Premium $$ Change % Change Excess Lability Occurrence $1 mil / $15 mil $206,609 $201,968 ($4,641) -2.25% Pollution Occurrence $50k / $10 mil $88,729 $81,106 ($7,623) -8.59% EPL Claims Made $15k / $1 mil $18,178 $16,407 1, 771 -9.74% ($14,035) -4.48% Staff recommends renewing the above insurance coverage at the same retentions (SIR) and coverage limits. Other Insurance - Property: The District purchases Property insurance through the California Sanitation Risk Management Authority ( CSRMA). CSRMA offers the coverage via a group purchase program of over 1,300 participating public entities and between 35 and 40 different insurance and reinsurance companies in any given year. Since Alliant has not yet received renewal quotes from all participating insurers renewal pricing is not yet available. Most US property insurers increased rates significantly after Hurricane Katrina and have not suffered significant losses since that time. As a result, the property insurance market has stabilized. With this in mind, staff has budgeted for a 5% increase in the property insurance rate. At this time, staff recommends renewing POSITION PAPER Board Meeting Date: June 5, 2008 subject.: REVIEW INSURANCE PREMIUMS FOR FISCAL YEAR 2008 -09 the property coverage through CSRMA's group purchase program with a rate increase not to exceed 5 %. Other Insurance — Workers' Compensation: The District is a member of CSRMA's Workers' Compensation insurance pool. Renewal pricing for this coverage depends on the cost of the pool's excess insurance and individual members' experience modifier. Since the District has a low experience modifier, we expect renewal pricing to be within 5% of the 2007 -08 premium of $351,555. Renewal rates and any applicable dividends from prior years must be approved by the CSRMA Board of Directors before members receive final renewal premiums. As in the past, staff will report the final Workers' Compensation premium to the Budget and Finance Committee as soon as it becomes available. RECOMMENDED BOARD ACTION: Authorize staff to renew insurance coverage for excess liability, pollution (HHW) liability, and employment practices liability at expiring terms and conditions, renew property coverage at rates not to exceed a 5% increase and report final Workers' Compensation premiums to the Budget and Finance Committee upon receipt. Central Contra Costa Sanitary District 1 BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No.: 4.t. Consent Calendar Type of Action: AUTHORIZE AGREEMENT subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH NEXUS INTEGRATION SERVICES FOR THE PURCHASE AND IMPLEMENTATION OF NETWORK UPGRADES Submitted By: Mark Greenawalt Initiating Dept. /Div.: I.T. Administrator Administration / Information Technology REVIEWED AND RECOMMENDED FOR BOARD ACTION: M. Greenawalt D. Ratc' nr graves J mes M. Ily, eneral Manager ISSUE: The Board of Directors' approval is required to acquire hardware, software and professional services for upgrades to the District's computer network. RECOMMENDATION: Authorize the General Manager to execute an agreement with Nexus Integration Services for the purchase and implementation of hardware and software upgrades to the District's computer network. FINANCIAL IMPACTS: The cost for the hardware, software, implementation, and contingency reserve is $140,000. ALTERNATIVES /CONSIDERATIONS: Do not update the District's computer network and firewall. However, this does not support the long -term goals and standards of the District's Information Technology Master Plan to maintain and secure the computer network. BACKGROUND: The agreement includes four project components which are replacing aging network switches, updating firewall security, improving remote user access performance and management, and increasing network capacity to the Annex building. The four project components are included in the Information Technology Development Capital Improvement Budget. The District's ethernet network switches are over seven years old and a majority of the equipment is reaching the end of maintenance life. New hardware provides adequate maintenance support while improving management tools and offering new features. A key feature is the ability to utilize Voice over IP (Internet Protocol) to enhance our telecommunication technology in the future. This provides the District the ability to use the current computer lines for voice and data, rather than just data. POSITION PAPER Board Meeting Date: June 5, 2008 subject- AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH NEXUS INTEGRATION SERVICES FOR THE PURCHASE AND IMPLEMENTATION OF NETWORK UPGRADES Firewall hardware and software upgrades provide improved network and Internet security. In addition, it increases speed, tightens security and enhances management tools for remote user access to GDI maps and SCADA pump station systems through the District's computer network. The expansion to the Annex building increases network speed and bandwidth to pump station staff and other temporary uses. The RFQ responses were received from AT &T, CDW -G and Nexus Integration Services. Nexus was selected as the vendor for the project by submitting the lowest bid response for providing all the hardware, software and service specifications. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a contract with Nexus Integration Services in an amount not to exceed $140,000 for the purchase and implementation of network upgrades. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER in- Board Meeting Date: June 5, 2008 No.: 4.u. Consent Calendar Type of Action: APPROVE INCREASING STAFF LEVEL subject: INCREASE THE NUMBER OF HOUSEHOLD HAZARDOUS WASTE TECHNICIANS 1 /11 FROM TWO TO THREE Submitted By: Initiating Dept /Div.: David Wyatt, HHW Supervisor Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: Q*�� Uw— a &A D. Wyatt C. Swansok A. Farrell Parries M. Ily eneral Ma ager ISSUE: Board approval is required to change staffing levels. RECOMMENDATION: Increase the HHW Program staffing level by one HHW Technician 1 /11. FINANCIAL IMPACTS: The costs of the additional permanent employee would be mostly offset by less use of temporary contract staff. The net increase in labor, benefit, and administrative overhead costs of an additional technician would be approximately $54,100 per year initially, and $93,500 per year when the employee reaches the highest step as a Technician II. ALTERNATIVES /CONSIDERATIONS: The alternative would be to continue using contract staff to supplement District staff at the HHW Facility. BACKGROUND: The current staff at the HHWCF consists of a HHW Supervisor, two Senior HHW Technicians, and two HHW Technicians 1 /11. Residential and commercial participation at the HHW facility has increased by over 60% and 120% respectively since 2001, the last time staffing levels were increased. To serve this large increase in customers and handle the increase in hazardous wastes, the District has used more temporary contract staff during the past few years. The average staffing level at the HHWCF during fiscal year 2006/07 was 7.43 employees (5 permanent staff and 2.43 temporary contract staff). At their meeting on May 22, 2008, the Human Resources Committee reviewed and concurred with staff's proposal. RECOMMENDED BOARD ACTION: Increase the HHW Program staffing level by one HHW Technician 1 /II. N: \ENVRSEC \Position Papers \Wyatt\PP HHW Increase Staff Level 6- 5- 08.doc 5.a. Hearings PUBLIC HEARING TO RECEIVE COMMENTS ON APPROVAL OF THE MONTEIRA ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -4 DISTRICT PROJECT NO. 6412 SUGGESTED AGENDA June 5, 2008 I. Request staff presentation. II. Public Hearing: A. Receive public comments. B. Request staff response, as appropriate. C. Close Public Hearing. III. Board deliberation of the following actions regarding approval of the Monteira Alhambra Valley Assessment District No. 2007 -4: 1. Find that the project is exempt from CEQA. 2. Adopt a resolution overruling protests. 3. Adopt a resolution confirming compliance with California Constitution, Article XIIID, Section 4. 4. Adopt a resolution approving the Engineer's Report, assessments, and ordering improvement. 5. Authorize the General Manager to execute an agreement with the Monteira Lane area owners. NAENVRSEMPosition Papers \Swanson\2008Wgenda for Public Hearing Monteira AVAD 2007 -4 6- 5- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No -: 5.a. Hearings Type of Action: CONDUCT PUBLIC HEARING subject: CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT AND FINDING THE PROJECT EXEMPT FROM CEQA; AND AUTHORIZE EXECUTION OF AGREEMENT WITH PARCEL OWNERS IN CONJUNCTION WITH THE MONTEIRA ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -4, DISTRICT PROJECT NO. 6412 Submitted By: Initiating Dept. /Div.: Curtis Swanson, Division Manager Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: �-/ kA (1, - C. Swanson K Farrell K. Alm mes M. K ly Oeneral Manager ISSUE: A public hearing must be conducted to consider objections and inquiries regarding the proposed assessment, the Resolution of Intention, the Engineer's Report, annexation, and any other comments regarding Monteira Alhambra Valley Assessment District (AVAD) No. 2007 -4. RECOMMENDATION: Conduct the public hearing, find that the project is exempt from the California Environmental Quality Act (CEQA), and approve Monteira AVAD 2007 -4, District Project No. 6412. FINANCIAL IMPACTS: The estimated total sewer main extension project cost is $86,095. The District has authorized up to $3 million for sewer main extensions under AVADs over the next three years. This would be the third AVAD project authorized by the Board and cumulative authorizations would total $973,314. In addition to the cost of the sewer main extension project, the District previously has authorized funds for construction of the Alhambra Valley Trunk Sewer Project. Approval of this AVAD will provide a mechanism for up to 8 properties to finance extension of a sewer main to their neighborhood, the indirect connector reimbursement fee for the trunk sewer, and District capacity and annexation fees. The total amount that could be financed under this project is $196,711 (see Attachment 2). Approval of this AVAD will facilitate indirect connections to the Alhambra Valley Trunk Sewer so that the District can be reimbursed sooner for costs of the trunk sewer project. N: \ENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Monteira 6- 5- 08.doc Page 1 of 12 POSITION PAPER Board Meeting Date: June 5, 2008 subject: CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT AND FINDING THE PROJECT EXEMPT FROM CEQA; AND AUTHORIZE EXECUTION OF AGREEMENT WITH PARCEL OWNERS IN CONJUNCTION WITH THE MONTEIRA ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -4, DISTRICT PROJECT NO. 6412 ALTERNATIVES /CONSIDERATIONS: 1. Continue the public hearing to receive additional public comment or allow additional deliberation. 2. Withhold or delay approval of the project. 3. Do not approve the AVAD and establish a private installer reimbursement fee and account. BACKGROUND: A group of parcel owners in the Monteira Lane neighborhood of Alhambra Valley in unincorporated Martinez have requested that the District form a contractual assessment district for the purpose of financing a public sewer system that would benefit their properties. The Board approved the Alhambra Valley Assessment District Policy by Resolution 2006 -117 on November 2, 2006. This policy created the AVAD Program, which provides financial assistance to Alhambra Valley property owners so that they may extend the public sewer system to serve their properties. The project being considered for approval by the Board of Directors is the creation of a contractual assessment district to finance extension of sewer mains to Alhambra Valley neighborhoods and connection to the District public sewer system. The Monteira AVAD meets all of the criteria for formation of a contractual assessment district. There are 8 properties that could benefit from this AVAD project. The Board of Directors adopted a Resolution of Intention to form a contractual assessment district on December 6, 2007. The subject sewer, which has been constructed already by some, but not all, of the area property owners, includes approximately 360 linear feet of 8 -inch sewer main and appurtenant works and facilities that will serve the proponents' 8 existing properties, all of which have existing homes presently relying on septic tanks. A map showing the proposed boundary and the proposed sewer location is presented as Attachment 1. At the time of approval of the final assessments, a final boundary map of the assessment district will be recorded based on the actual number of parcels whose owners execute an assessment contract with the District. The sewer main extension to the Monteira Lane neighborhood has been constructed already. Last summer, some of the neighbors paid for construction of the sewer main to expedite connection of the neighborhood to the public sewer system and take advantage of a favorable construction bid. In fact, one of the properties suffered a septic tank failure in February 2008 and was allowed to connect to the public sewer system under a special approval agreement. N: \ENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Monteira 6- 5- 08.doc Page 2 of 12 POSITION PAPER Board Meeting Date: June 5, 2008 subject: CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT AND FINDING THE PROJECT EXEMPT FROM CEQA; AND AUTHORIZE EXECUTION OF AGREEMENT WITH PARCEL OWNERS IN CONJUNCTION WITH THE MONTEIRA ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -4, DISTRICT PROJECT NO. 6412 On December 6, 2007, the Board of Directors adopted a resolution directing the preparation of a report for an Alhambra Valley Assessment District known as Monteira AVAD No. 2007 -4. A report has been prepared, and assessments have been estimated. (The Engineer's Report is being provided to the Board under separate cover.) On May 1, 2008, the Board of Directors set a public hearing for June 5, 2008. Since assessments are proposed to be levied on properties, the procedural requirements of Proposition 218 do apply, although the final assessment district boundary will include only those parcels whose owners enter into an assessment contract with the District. Compliance with these requirements has been included in the documents and actions proposed for Board consideration. In order to continue the process for Monteira AVAD No. 2007 -4, the following actions are necessary: 1. Conduct a public hearing to: a. Announce the tabulation of ballots submitted by owners of each affected parcel indicating approval or opposition to the proposed assessment, and b. Consider public testimony on the Resolution of Intention and the Engineer's Report. 2. If, at the close of the hearing, the Board finds that protests and ballot opposition are insufficient, the following resolutions may be considered and adopted: a. Resolution overruling protests of improvement. b. Resolution confirming compliance with California Constitution, Article XIID, Section 4. c. Resolution approving the Engineer's Report, assessments, and ordering improvement. An agreement between the participating owners and the District is needed to establish the rights and obligations of both parties. District Counsel has prepared such an agreement in which the owners agree to: assessments being placed on their property bills; pay the assessments; accept total responsibility for the design and construction of the sanitary sewer extension; N: \ENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Monteira 6- 5- 08.doc Page 3 of 12 POSITION PAPER Board Meeting Date: June 5, 2008 subject: CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT AND FINDING THE PROJECT EXEMPT FROM CEQA; AND AUTHORIZE EXECUTION OF AGREEMENT WITH PARCEL OWNERS IN CONJUNCTION WITH THE MONTEIRA ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -4, DISTRICT PROJECT NO. 6412 require the contractor who is selected by the owners to maintain certain insurance coverage accept total responsibility for the costs associated with the sanitary sewer extension, including interest for District financing; and have the sanitary sewer extension constructed in accordance with District standards. The District will: • finance the costs of the sanitary sewer extension; • accept the work of the contractor, provided the work is done in accordance with District standards (the sewer was inspected and accepted in October 2007); give owners an opportunity to pay off some or all of their assessments upfront and amortize any remaining assessments on owners' tax bills record as liens on the participants' properties the obligation of each participant to pay assessments; and be reimbursed in full by receiving payments, including interest, for the total amount financed from owners over a fifteen -year period. The estimated cost of the sewer main extension for Monteira AVAD No. 2007 -4 is $86,095. A summary of project costs is shown in Attachment 2. Funding for the AVAD Program is included in the 2007 -2008 Capital Improvement Budget (CIB). The District has authorized up to $3 million for AVAD projects over the next three years. This would be the third AVAD project authorized by the Board. Thus far, the Board has authorized $887,219. With this project, the total would be $973,314. Staff has concluded that this project, which is the creation of assessment district financing, is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15061 (b)(3), since it can be seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment. This certainty is based on the District's past experience with numerous similar sewer construction projects, the developed nature of the project environment, and the limited service area of the project (no potential for growth inducement). Approval of the Engineer's Report will establish the Board of Director's independent finding that this project is exempt from CEQA. N: \ENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Monteira 6- 5- 08.doc Page 4 of 12 POSITION PAPER Board Meeting Date: June 5, 2008 subject: CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT AND FINDING THE PROJECT EXEMPT FROM CEQA; AND AUTHORIZE EXECUTION OF AGREEMENT WITH PARCEL OWNERS IN CONJUNCTION WITH THE MONTEIRA ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -4, DISTRICT PROJECT NO. 6412 RECOMMENDED BOARD ACTION: If a majority protest is not filed and if less than a majority of returned ballots from affected parcel owners oppose the assessment, staff recommends that the Board of Directors take the following actions: • Conduct a public hearing • Find that the project is exempt from CEQA. • Adopt a resolution overruling protests. • Adopt a resolution confirming compliance with California Constitution, Article XIIID, Section 4. • Adopt a resolution approving the Engineer's Report, assessments, and ordering improvement. • Authorize the General Manager to execute an agreement with the Monteira area owners. N: \ENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Monteira 6- 5- 08.doc Page 5 of 12 . � \ ^ Central Contra Costs ^ Sanitary District , FEFT V"~~— \ � \ ` . � U � � U LEGEND: P{}rEmTu\L / AVAD AREA AVAD SEWER POSSIBLE AVAD PARTICIPANTS Attachment �������� ��kUU� ��� PROPOSED ~~~~~�~~ ~�~~~~~~~~^ —'' --' U U JAM w pa pConumct Hearing monteimo-5e8uoo Page *or1u \ ' ` � � I � - 'T - / SrrE ad HILL '-- ---\ / � | ) — / . � \ ^ Central Contra Costs ^ Sanitary District , FEFT V"~~— \ � \ ` . � U � � U LEGEND: P{}rEmTu\L / AVAD AREA AVAD SEWER POSSIBLE AVAD PARTICIPANTS Attachment �������� ��kUU� ��� PROPOSED ~~~~~�~~ ~�~~~~~~~~^ —'' --' U U JAM w pa pConumct Hearing monteimo-5e8uoo Page *or1u SrrE ad HILL . � \ ^ Central Contra Costs ^ Sanitary District , FEFT V"~~— \ � \ ` . � U � � U LEGEND: P{}rEmTu\L / AVAD AREA AVAD SEWER POSSIBLE AVAD PARTICIPANTS Attachment �������� ��kUU� ��� PROPOSED ~~~~~�~~ ~�~~~~~~~~^ —'' --' U U JAM w pa pConumct Hearing monteimo-5e8uoo Page *or1u ATTACHMENT 2 SUMMARY OF SEWER MAIN EXTENSION AND OTHER COSTS THAT COULD BE FINANCED UNDER MONTEIRA AVAD NO. 2007 -4 Construction — Sewer main extension $74,704 Engineering — Sewer main extension $11,391 District Services — Sewer main extension (a) SUB -TOTAL — Sewer main extension $86,095 Indirect Connector Reimbursement Fee for Trunk Sewer $58,424 (8 Properties x $7303) District Capacity and Other Fees (8 Properties x $6,524) $52,192 TOTAL $196,711 (a) Included in Construction costs. N: \ENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Monteira 6- 5- 08.doc Page 7 of 12 RESOLUTION NO. 2008- RESOLUTION OVERRULING PROTESTS MONTEIRA ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -4 The Board of Directors of the Central Contra Costa Sanitary District resolves: On June 5, 2008, the Board of Directors held a public hearing on the Resolution of Intention and the Engineer's Report on the proposed improvement in Monteira Alhambra Valley Assessment District No. 2007 -4. At or before the time set for hearing, certain interested persons made or may have made protests or objections to the proposed improvement, the extent of the Contractual Assessment District, or the proposed assessment. The Board hereby overrules each of these protests, written or oral. The Board finds that the protest against the proposed improvement (including all written protests not withdrawn in writing before the conclusion of the protest hearing) is made by the owners of less than one half of the area of the land potentially subject to assessments for the improvement. PASSED AND ADOPTED this 5th day of June 2008, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: Gerald Lucey, President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine Boehme, Secretary Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel N: \ENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Monteira 6- 5- 08.doc Page 8 of 12 RESOLUTION NO. 2008- RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4 MONTEIRA ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -4 The Board of Directors of the Central Contra Costa Sanitary District resolves: 1. The Board set 2 PM on June 5, 2008, at the Meeting Room of the Board of Directors, 5019 Imhoff Place, Martinez, California, as the time and place for a public hearing pursuant to California Constitution, Article XIIID, Section 4. 2. Pursuant to Article XIIID of the California Constitution, as amended by Proposition 218, commonly known as the "Right to Vote on Taxes Act," notice of the proposed assessment was provided to all owners of affected parcels within the District, which notice contained a ballot whereby each owner could indicate support or opposition to the proposed assessment. 3. At the time and place for which notice was given, the Board of Directors conducted a public hearing, pursuant to California Constitution, Article XIIID, Section 4, and gave every person present an opportunity to comment on and object to the amount of the proposed assessment. 4. The Board finds that less than a majority of parcel owners who returned ballots, weighted by financial obligation, opposed the proposed assessment. PASSED AND ADOPTED this 5th day of June 2008, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: Gerald Lucey, President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine Boehme, Secretary Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel N: \ENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Monteira 6- 5- 08.doc Page 9 of 12 RESOLUTION NO. 2008- RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT MONTEIRA ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007-4 The Board of Directors of the Central Contra Costa Sanitary District resolves: This Board has taken a series of actions preliminary to ordering the improvement in the Monteira Alhambra Valley Assessment District No. 2007 -4, Central Contra Costa Sanitary District, Contra Costa County, California, and now makes the following findings and orders: 1. The Board adopted a map showing the boundaries of the land potentially benefited by the proposed improvement. A copy of the preliminary boundary map will be filed in the office of the County Recorder of the County of Contra Costa in the Book of Maps of Assessment and Community Facilities Districts. 2. The Board adopted its Resolution of Intention to order the improvement described therein under the Municipal Improvement Act of 1911, and directed Curtis W. Swanson, Environmental Services Division Manager, as the Engineer of Work for the Assessment District, to prepare the report required by Section 5989.22 of the Streets and Highways Code. The improvement is generally described as follows: Construction and installation of approximately 360 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Monteira Lane in unincorporated Martinez, California. 3. The Engineer's Report and the preliminary contractual assessment for the improvement for the participating parcels in the described Monteira Alhambra Valley Assessment District No. 2007 -4 were prepared in accordance with the Alhambra Valley Assessment District Policy that was approved by attached Resolution No. 2006 -117. 4. After completion of construction of the improvements, the District shall levy a contractual assessment upon participating parcels within the described Monteira Alhambra Valley Assessment District No. 2007 -4 in accordance with the Alhambra Valley Assessment District Policy, and with the benefit received by each parcel of land, respectively, from the improvement. The District shall prepare and record a map showing the final boundaries of the assessment district based on the actual number of properties whose owners sign an assessment contract with the District. 5, The Board called a hearing of protests on the Monteira Alhambra Valley Assessment District No. 2007 -4. Notice of the hearing was given by publication and by mailing to affected parcel owners, all according to the Municipal Improvement Act of 1911. Affidavits of publication were filed with the Secretary of the District. 6. At the time and place for which notice was given, the Board of Directors conducted a public hearing pursuant to Section 5898.26 of the Streets and Highways Code, which included a summary of the Engineer's Report and gave every person N: \ENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Monteira 6- 5- 08.doc Page 10 of 12 present an opportunity to comment on and object to the proposed Alhambra Valley Assessment District Program improvement and the extent of the Assessment District. 7. The Board further finds that written protests against the proposed improvement have not been made by owners representing more than one half of the area of the land to be assessed for the improvement. 8. The documents and events described in paragraphs 1 to 4, inclusive, are stated here in tabular form, with their dates and, where appropriate, their numbers. All documents are now on file with the District except as otherwise noted. 9. The Board approves the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report. 10. The Board finds that the Engineer of Work, in the Engineer's Report has fairly and properly apportioned the cost of the improvement to each parcel of land in the Assessment District in compliance with the agreement between the owners and in proportion to the special benefits derived by each parcel, in relationship to the entirety of the capital cost of the improvement. The Board hereby confirms and levies each individual assessment as stated in the Engineer's Report. 11. The Board orders the improvement described in paragraph 2 and as detailed in the Engineer's Report. 12. According to Section 10603 of the Streets and Highways Code, the Board designates the District Controller to collect and receive payment of the assessments. 13. The Board independently finds that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15061(b)(3), since it can be seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment. This certainty is based on the District's past experience with numerous similar sewer construction projects, the developed nature of the project environment, and the limited service area of the project (no potential for growth inducement). PASSED AND ADOPTED this 5th day of June 2008, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: Number Document or Event Date or Action a. Resolution of Intention 12/20/08 2007 -195 b. Resolution Approving Boundary Map 12/20/08 2007 -196 c. Boundary Map Filed with County Recorder pending -- e. Affidavit of Publication of Notice of Improvement pending -- 9. The Board approves the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report. 10. The Board finds that the Engineer of Work, in the Engineer's Report has fairly and properly apportioned the cost of the improvement to each parcel of land in the Assessment District in compliance with the agreement between the owners and in proportion to the special benefits derived by each parcel, in relationship to the entirety of the capital cost of the improvement. The Board hereby confirms and levies each individual assessment as stated in the Engineer's Report. 11. The Board orders the improvement described in paragraph 2 and as detailed in the Engineer's Report. 12. According to Section 10603 of the Streets and Highways Code, the Board designates the District Controller to collect and receive payment of the assessments. 13. The Board independently finds that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15061(b)(3), since it can be seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment. This certainty is based on the District's past experience with numerous similar sewer construction projects, the developed nature of the project environment, and the limited service area of the project (no potential for growth inducement). PASSED AND ADOPTED this 5th day of June 2008, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: N: \ENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Monteira 6- 5- 08.doc Page 11 of 12 Gerald Lucey, President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine Boehme, Secretary Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel N: \ENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Monteira 6- 5- 08.doc Page 12 of 12 RESOLUTION NO. 2006- 117 RESOLUTION ESTABLISHING THE ALHAMBRA VALLEY ASSESSMENT DISTRICT POLICY WHEREAS, the Central Contra Costa Sanitary District (CCCSD) has, over the last several years, identified a prevalent sanitation issue occurring within Alhambra Valley, south of the City of Martinez, said issue being the need to replace residential septic systems by connection to CCCSD's collection system; and WHEREAS, this sanitation issue is increasing in importance as a result of the failure of existing septic systems due to age; and WHEREAS, in order to replace failing septic systems with connections to the public sewers, extension of existing public sewer mains is frequently required; and WHEREAS, the cost and complexity of undertaking a sewer main extension may prevent a single homeowner from connecting to the public sewer system thus perpetuating an ongoing health and environmental problem; and WHEREAS, public policy, as well as legal and fiscal constraints, limit the ability of CCCSD to build or extend local street sewers to serve individual or small groups of existing homes; and WHEREAS, CCCSD is in the process of constructing a trunk sewer in Alhambra Valley to serve as the backbone of an area -wide public sewer network; and WHEREAS, the use of assessment districts can provide the structure and financial assistance required to encourage neighbors to jointly undertake projects to provide sewer service to their properties; and WHEREAS, since 1997 on a demonstration basis, and from 1999 to 2004 on a program basis, CCCSD has made use of the provisions of the Streets and Highways Code Section 5898, et seq. in order to create Contractual Assessment Districts in order to provide for assessment financing of main extensions for failing septic systems; and Pape 1 of 11 Kesoiution No. 2006 -117 WHEREAS, at its July 20, 2006 meeting, CCCSD's Board of Directors voted unanimously to conceptually approve an Alhambra Valley Assessment District program. NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District adopts the Alhambra Valley Assessment District Policy Statement, attached as Exhibit A and incorporated herein by reference. The Board of Directors of the Central Contra Costa Sanitary District further finds that this policy shall remain in effect until such further order of the Board; however, the adoption of this policy does not create any vested right or entitlement to any parcel owners within CCCSD's sphere of influence concerning eligibility for this program, nor shall CCCSD be precluded from modifying or terminating this program at any time it deems appropriate. The adoption of this policy also does not set a precedent for future funding of other neighborhoods' main sewers. PASSED AND ADOPTED this 2nd day of November 2006 by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: Boneysteele, Hockett, Nejedly, Menesini NOES: Members: Lucey ABSENT: Members: None Mario M. Menesini President of the Board of Directors, Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme Secretary, Central Contra Costa Sanitary District County of Contra Costa State of Califo APPROVED AS TO FORM: n- Kento?rumn District Counsel Page 2 of 11 EXHIBIT A ALHAMBRA VALLEY ASSESSMENT DISTRICT POLICY STATEMENT Introduction This policy statement for the Alhambra Valley Assessment District (AVAD) Program establishes the criteria for formation of AVAD projects, the process for the AVAD program, and methodology for allocating costs and assessments among AVAD participants. The AVAD program will consist of voluntary Contractual Assessment Districts (CADs), which are formed pursuant to Streets and Highways Code Section 5898, et seq. to extend sewer facilities to residential areas currently served by septic tank and leachfield systems. AVAD Proaram Puroose The purpose of the AVAD Program is to provide financial assistance to Alhambra Valley property owners so that they may extend the public sewer system to serve their developed properties. The goals of the AVAD Program are to assist property owners with septic tanks to finance the cost of extending and connecting to the public sewer; to avoid future use of septic systems and sewage pumping systems in Alhambra Valley; and to facilitate direct and indirect connections to the Alhambra Valley trunk sewer so that CCCSD can be reimbursed more quickly for its planning, design, and construction expenditures associated with the trunk sewer extension. AVAD Program Funding CCCSD will budget sufficient funds for the extension of public sewer mains in Alhambra Valley. This amount is estimated to be $3.5 million. Funds for construction of the trunk sewer have already been budgeted. The Board of Directors, at its discretion, may modify this program, including increasing or decreasing the budgetary ceiling, at Paps 3 of 11 anytime. Nothing in this policy is intended to bind CCCSD to continue with the program for any predetermined time period, nor does it create any right or entitlement in favor of potential program participants. Definitions • An Alhambra Valley Assessment District (AVAD) is a contractual assessment district (CAD), a legal entity, established pursuant to Streets and Highways Code Chapter 5898 for the purpose of financing the construction of sewers in residential areas currently being served by septic tanks. • Parcel or Property denotes in this Policy a piece of residential real estate, including land and anything permanently affixed to the land including buildings. The terms parcel and property have the same meaning herein and shall refer to the divisions of property as indicated on County Assessor's Parcel maps. • Direct connectors are parcels that can connect by lateral to the Alhambra Valley Trunk Sewer being constructed by CCCSD. • Indirect connectors are parcels that can connect by lateral to a public sewer main that is tributary to a part of the Alhambra Valley Trunk Sewer. • Participants are owners of direct or indirect connector properties who voluntarily agree to enter into an AVAD contract. • Non participants are owners of direct or indirect connector properties who do not to enter into an AVAD contract. Non - participants will not be assessed for their share of the sewer improvement costs until the time of connection. • Participant Parcels are the direct or indirect connector properties owned by Participants. • Non participant Parcels are the direct or indirect connector properties owned by non - participants. Paps 4 of 11 a AVAD Non participant Reimbursement Fees are fees collected from owners of Non - participant Parcels at the time of connection to the sewer to reimburse CCCSD for the Non - participant Parcel's share of the cost of sewer improvements installed under an AVAD. Criteria for Formation In order to be eligible for participation in CCCSD's AVAD assessment financing program, the proposed sewer extension project must meet the AVAD formation criteria. The criteria are as follows: a A minimum of three properties must be directly tributary to a proposed AVAD facility. A minimum of 60 percent of the properties directly tributary to a proposed AVAD facility must already be developed. A minimum of half of the properties directly tributary to a proposed AVAD facility must be willing to be a Participant, except in the case of the AVAD for Direct connectors to the Alhambra Valley Trunk Sewer. e A Participant Parcel may not have more than two (2) dwellings on it to participate in an AVAD. a Two or more proposed unconnected AVAD facilities may be combined into a single AVAD for administrative purposes. When this happens, the expenses and assessments for individual, unrelated facilities will be separated and assigned to the respective, benefiting properties. a After completion of the Alhambra Valley Trunk Sewer, CCCSD will establish Direct and Indirect connector reimbursement charges for the trunk sewer and form the first AVAD (AVAD No. 1) to finance allowable costs of direct connector Page 5 of 11 participants. Direct connectors will have one year from the establishment of the trunk sewer AVAD No. 1 to become Participants by signing an AVAD contract. • Indirect connectors wishing to become Participants will have three years from the establishment of the AVAD No. 1, for the trunk sewer, to obtain CCCSD approval to initiate formation for an AVAD for their neighborhood, and eighteen months thereafter to receive CCCSD approval of an AVAD election. AVADs will be numbered sequentially in the time order initiated by CCCSD. Notwithstanding the above - listed criteria, CCCSD will consider exceptions to this policy on a case -by -case basis. CCCSD may consider technical, economic, staffing, budgetary, environmental, and other factors in its consideration of whether to form an AVAD and the ultimate decision is at the sole discretion of the Board of Directors. AVAD Formation Process There are several staff level actions and three Board approval steps in the AVAD process. CCCSD's Board of Directors will consider approval of individual AVAD projects which staff has determined meet the formation criteria. The following Board actions are required: • Initiation of an AVAD • Approval of the Engineers Report and assessments; ordering of the improvements; and approval of the AVAD election. • Approval and levying of final assessments. 1. Initial Actions • Groups of Alhambra Valley property owners may be eligible for an AVAD if they can directly connect to the Alhambra Valley Trunk Sewer or seek a sewer main extension to provide for connection to CCCSD system. CCCSD staff will work with the owners to explain the AVAD process. If pope of 11 a sufficient number of property owners and CCCSD remain interested in proceeding with an AVAD and the criteria for AVAD formation appears to be met, CCCSD will consider initiation of an AVAD. Property owners Will be requested to submit letters indicating their interest in formation of an AVAD. Property owners must already be included in District Annexation 168 (Resolution of Application 2006 -047, adopted by the Board of Directors on July 6, 2006). Staff will issue a letter setting forth its initial determination of eligibility for the AVAD program. • If CCCSD staff determines that a proposed AVAD does not meet the formation criteria, staff will notify the property owners in the proposed AVAD of the staff decision in writing. Property owners may appeal this staff decision to the CCCSD Board of Directors in accordance with Chapter 1.16 of the District Code except as modified by this policy. This policy allows property owners 30 days to request an appeal of a staff decision. The Secretary of CCCSD will schedule the matter for a hearing before the Board of Directors and provide written notice of the time and place of that hearing to the affected property owners. 2. Creation of Assessment District • Participants are required to retain an engineer to design and solicit bids for the private work (the sewer facilities). • An Engineer's Report estimating project costs and assessment levels will be prepared by CCCSD in accordance with state law. Residents will have 18 months from when CCCSD initiates formation of an AVAD to submit sewer plans, construction bids, and other information necessary for CCCSD to prepare an Engineer's Report. Paps 7 of 11 • CCCSD will distribute Notices of Proposed Assessment and conduct an election in accordance with state law by which property owners may indicate their approval of or opposition to the proposed assessment. • The Board of Directors will conduct a public hearing to announce the outcome of the election and receive public comment about the proposed assessment. • Following the public hearing, the Board of Directors will determine the election results and consider approval of the Engineer's Report, preliminary assessments, and the AVAD improvements. • If the proponent property owners do not provide all necessary information, including approved plans and construction bids, within 18 months of CCCSD's initiation of the AVAD proceedings, the AVAD process will be terminated. 3. Assessment Contract and Construction • Following approval by the Board of Directors of the Engineer's Report and AVAD improvements, the Participants must enter into a written contract with CCCSD, which describes the responsibilities of the parties, the work, and the provisions for payments. • CCCSD will undertake the procedural requirements to form the AVAD; review the plans for compliance with CCCSD standards, finance the work, and establish the assessments. • Participants are required to hire a contractor and to supervise the construction of the private works AVAD facilities. CCCSD will have no contractual relationship with the contractor and will not provide construction management or site supervision; however, CCCSD will Paps 8 of 11 inspect the project consistent with prevailing CCCSD inspection procedures. • CCCSD will accept the work if the work is done in accordance with CCCSD's standards. • Participants shall be required to provide all project cost records and related information. CCCSD staff will review project costs, evaluate eligible project costs, and determine the proposed final assessments. The Board of Directors will then consider approval and levying of the final assessments. 4. Payments and Assessments Unless limited by other provisions of this policy, each Participant shall have the option to pay for his share of AVAD expenses after the work is completed by either: 1) lump sum cash payment or 2) by contractually subjecting the Participant's property to an annual assessment, including Interest, over the term of the AVAD. • The term of the Participant's assessment (payback period) shall be fifteen years with no interest penalty for early payoff. The interest rate shall be fixed when the CCCSD General Manager signs the contract between the Participants and CCCSD. The annual interest rate for assessments shall be 1 percent above the then current average interest rate on CCCSD temporary investments or 1 percent above the interest rate at which CCCSD has borrowed funds for the AVAD Program. The minimum interest rate shall be six percent. • Participants are limited to use of the fifteen -year annual assessment payment option for no more than two parcels at any given time. If a Paps 9 of 11 Person(s) owns three or more parcels in the same AVAD or different AVADs, that person(s) may be a Participant for three or more parcels, but will be eligible for the annual assessment option for only two parcels. The shares of the AVAD expenses for the other parcels must be paid by the lump sum payment option at time of connection. • The assessments shall be equal for each Participant Parcel unless otherwise provided for in the contract and documents creating the AVAD. if an existing Participant's Parcel can be legally subdivided, there are two dwellings currently existing on a single parcel or other cost of service related factors justifying differing assessments are present, said Parcel may be assigned more than one assessment. • To determine the assessment for each AVAD Parcel, the Board of Directors will divide the total allowable project costs by the total number of benefiting properties, adjusting for exceptions as noted above. • The costs of the work associated with designing and constructing sanitary sewer mains, manholes, rodding inlets, and private sewer laterals within public streets or right -of -way may be Included as eligible costs of the AVAD. Other eligible AVAD costs include paving and other appurtenances within public streets, rights of way necessary to bring the sewer service to a Participant Parcel, CCCSD's Capacity Fee, and CCCSD's Alhambra Valley Trunk Sewer reimbursement charge. • The cost of septic tank abandonment, installation of the private sewer laterals (not within a public street or public right of way), and other CCCSD fees and charges customarily due upon connection to the public sewer shall be excluded from AVAD financing. For purposes of this Page 10 of 11 paragraph, "rights of way" shall include public or private roads providing legal ingress and egress to multiple parcels. e The AVAD assessments will be imposed on each Participant Parcel and recorded as a lien against the Parcel. The assessment will include the principal and interest and will be collected on the property tax bill as an assessment along with taxes and other assessments and charges on the subject parcel. 5. AVAD Non - participant Reimbursement Fees e CCCSD initially will be responsible for the Non - participant Parcels' share of AVAD costs. Non - participants will reimburse CCCSD for these costs as they connect to AVAD facilities in the future. When CCCSD staff determines that there are Non - participant Parcels that could connect to an AVAD facility, the Board of Directors, in accordance with CCCSD practice and the AVAD contract, will establish AVAD Non - participant Reimbursement Fees. The obligation of a Non- participant Parcel owner to pay a reimbursement fee upon connection to an AVAD facility will not expire; CCCSD will collect AVAD Non- participant Reimbursement Fees indefinitely. The Board of Directors will establish AVAD Non - participant Reimbursement Fees when the final assessments are established for AVAD Participants. Subsequent adjustments to AVAD Non - participant Reimbursement Fees may be made by the Board of Directors periodically to recover CCCSD's carving cost of advancing the Non- participants' share of AVAD expenses. Page 11 of 11 fu ru L C fo 2 V c a� E a� ao� n 0 0 N 0 z >4 o cn o � N (D LA E w O c LOCATION MAP CT RD POTENTIAL AVAD AREA AVAD SEWER POSSIBLE AVAD PARTICIPANTS Central Contra Costs Sanitary District PROPOSED BOUNDARY OF MONTEIRA AVAD NO. 2007-4 C:\DOCUME-1vgouuoy\LOCALS-1\TomppPConduo *oonng�on��ae�*auoo ` � Page oox10 ' , ` ' �� ` LOCATION MAP CT RD POTENTIAL AVAD AREA AVAD SEWER POSSIBLE AVAD PARTICIPANTS Central Contra Costs Sanitary District PROPOSED BOUNDARY OF MONTEIRA AVAD NO. 2007-4 C:\DOCUME-1vgouuoy\LOCALS-1\TomppPConduo *oonng�on��ae�*auoo ` � Page oox10 c c o 0 U) c a� x Qw Q .c r� ra g L L 4—J (1) c 3: o Q) U) TO A Q Q N N ■ vi N N Q O L Q E. to 4� �1 W H Lo L O (1) 00 cn { — Jc .. 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Hearings CONDUCT PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE FY 2008 -2009 OPERATIONS AND MAINTENANCE BUDGET, DEBT SERVICE FUND BUDGET AND SELF - INSURANCE FUND BUDGET, AND FOR THE ESTABLISHMENT OF THE FY 2008 -2009 SEWER SERVICE CHARGE RATES, AND ON PLACING CURRENT SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR COLLECTION SUGGESTED AGENDA JUNE 5, 2008 President Lucey will announce that two separate public hearings will be conducted: 1) Approval of the FY 2008 -2009 Operations and Maintenance (O &M) Budget, Debt Service Fund Budget and Self- Insurance Fund Budget, and establishment of the FY 2008 -2009 Sewer Service Charge rates; and 2) Collection of the FY 2008 -2009 Sewer Service Charges on the County tax roll. 1. Call for staff report on both public hearings. 2. Open first public hearing and call for comments. 3. Close public hearing. 4. Board deliberation, and: a. Vote to approve the FY 2008 -2009 O &M Budget, Debt Service Fund Budget and Self- Insurance Fund Budget, incorporating Sewer Service Charge as determined by resolution to be considered separately; and b. Vote to set the Sewer Service Charge for FY 2008 -2009, to be incorporated in the FY 2008 -2009 budget: 1) Take no action which sets the Sewer Service Charge at the maximum rate of $313 as set forth in Ordinance No. 245, or 2) Adopt a resolution setting the Sewer Service Charge between $300 and $313 per RUE, or 3) Adopt a resolution setting the Sewer Service Charge at $311 per RUE (staff recommendation.) C0L'7 C. Request additional information from staff and continue the public hearing to June 19, 2008. N: \ADMINSUP\ADMIN \RATCLIFF\Public Hearing - Sewer Service Charge & O &M 2008.doc 5. Open second public hearing and call for comments. 6. Close public hearing. 7. Board deliberation, and: Vote to adopt resolution allowing collection of Sewer Service Charge on the County tax roll. N: \ADMINSUP\ADMIN \RATCLIFF\Public Hearing - Sewer Service Charge & O &M 2008.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No.: 5.b. Hearings Type of Action: CONDUCT PUBLIC HEARING Subject: CONDUCT PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE FY 2008 -2009 OPERATIONS AND MAINTENANCE BUDGET, DEBT SERVICE FUND BUDGET AND THE SELF - INSURANCE FUND BUDGET, AND FOR THE ESTABLISHMENT OF THE FY 2008 -2009 SEWER SERVICE CHARGE RATES, AND ON PLACING CURRENT SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR COLLECTION Submitted By: DEBBIE RATCLIFF CONTROLLER Initiating DeptJDiv.: ADMINISTRATIVE /FINANCE & ACCOUNTING REVIEWED AND RECOMMENDED FOR BOARD ACTION: D. Ratqwv u raves . Alm aries M. Illy, Ueneral Matiager ISSUE: The District Code and State law require public hearings for the establishment of the Sewer Service Charge rates for FY 2008 -2009 and on placing the current Sewer Service Charges on the County tax roll for collection. Although not required by law, the District will hold a public hearing to receive public comment on the FY 2008 -2009 Operations and Maintenance Budget, Debt Service Fund Budget and the Self - Insurance Fund Budget. RECOMMENDATION: Conduct two separate Public Hearings and upon their respective conclusions, take the following actions, if considered appropriate: • Approve the FY 2008 -2009 Operations and Maintenance Budget (O &M), Debt Service Fund Budget and Self- Insurance Fund Budget • Approve a resolution that establishes the FY 2008 -2009 Sewer Service Charge rate increase of $11 for a total Sewer Service Charge of $311 per residential unit. • Approve a resolution authorizing collection of the 2008 -2009 Sewer Service Charges on the County tax roll. FINANCIAL IMPACTS: The draft FY 2008 -2009 0 &M Budget is based on a $11 rate increase in the Sewer Service Charge for a total of $311 per residential unit equivalent, allocating $260 to Operations and Maintenance and $51 to the Sewer Construction Fund. The draft budget assumes that the District will receive advalorem tax for 2008- 2009. If the District does not receive property tax, the Sewer Service Charge rate would N:\ADMINSUP\ADMIN \POSPAPER \Budget Position Paper - 06- 05- 08.doc POSITION PAPER Board Meeting Date: June 5, 2008 subject: CONDUCT PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE FY 2008 -2009 OPERATIONS AND MAINTENANCE BUDGET, DEBT SERVICE FUND BUDGET AND THE SELF - INSURANCE FUND BUDGET, AND FOR THE ESTABLISHMENT OF THE FY 2008 -2009 SEWER SERVICE CHARGE RATES, AND ON PLACING CURRENT SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR COLLECTION need to be increased by approximately $74 /RUE to equal the lost property tax revenue. Also, a $3.2 million allocation towards the unfunded liability associated with GASB 45 post retirement benefits is included in the draft 2008 -2009 budget. This allocation will remain unencumbered until action by the Board. The proposed $11 Sewer Service Charge increase would generate approximately $1.8 million in new revenue for fiscal year 2008 -2009 to be allocated between O &M and the Sewer Construction Fund. The proposed budget would result in a decrease to O &M reserves at fiscal year end of $1.5 million for a projected O &M reserve balance at June 30, 2009, of $5.3 million. Effective with the 1982 -1983 fiscal year, Contra Costa County imposed a fee for collecting the Sewer Service Charge on the tax roll. The County fee, which approximates $100,000 annually, is more economical than the alternative of direct billing by the District. ALTERNATIVES /CONSIDERATIONS: The Board could decide not to increase the Sewer Service Charge for FY 2008 -2009, keeping the Sewer Service Charge at the current $300, or choose another amount of increase up to $13 which was previously adopted by Ordinance No. 245 last year. BACKGROUND: The FY 2008 -2009 Operations and Maintenance Budget was submitted for review at the May 15, 2008, Board Meeting. A detailed presentation was made to the Board at that meeting and a copy of the overheads used is attached (see Attachment 1). A legal notice was published in the Contra Costa Times for the June 5, 2008, Public Hearing to receive public comment on the FY 2008 -2009 Operations and Maintenance Budget, Debt Service Fund Budget and the Self- Insurance Fund Budget, for the establishment of the Sewer Service Charge rate for FY 2008 -2009, and on collection of the 2008 -2009 Sewer Service Charges on the County tax roll. It is recommended that two separate hearings be held to consider the matters described. N:\ADMINSUP\NDMIN \POSPAPER \Budget Position Paper - 06- 05- 08.doc POSITION PAPER Board Meeting Date: June 5, 2008 subject CONDUCT PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE FY 2008 -2009 OPERATIONS AND MAINTENANCE BUDGET, DEBT SERVICE FUND BUDGET AND THE SELF - INSURANCE FUND BUDGET, AND FOR THE ESTABLISHMENT OF THE FY 2008 -2009 SEWER SERVICE CHARGE RATES, AND ON PLACING CURRENT SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR COLLECTION Hearing to receive public comment on the FY 2008 -2009 Operations and Maintenance (OW Budget, Debt Service Fund Budget and Self- Insurance Fund Budget and for the establishment of the Sewer Service Charge rate up to $313 for FY 2008 -2009: The FY 2008 -2009 O &M Budget and Debt Service Fund Budget were submitted to the Board of Directors for initial review at the May 15, 2008, Board Meeting and the Self- Insurance Fund Budget was presented at the May 1, 2008, Board Meeting. All three are scheduled for approval at the June 5, 2008, Board Meeting. Upon approval of the three budgets and determination of adequate levels of reserves, the Board must establish the 2008 -2009 Sewer Service Charge rates. Hearing to consider collection of the FY 2008 -2009 Sewer Service Charges on the County tax roll: The law requires that a public hearing be held each year before the Sewer Service Charge and any delinquent Sewer Service Charges can be placed on the County tax roll. There are no delinquent Sewer Service Charges for 2007- 2008. The Sewer Service Charge has been collected on the County tax roll since inception of the service charge in 1976. Collection on the tax roll provides the most economical and efficient means for the District to collect the charges for approximately 105,000 accounts. RECOMMENDED BOARD ACTION: Conduct two separate public hearings and upon their respective conclusions, take the following actions, if considered appropriate: • Approve the FY 2008 -2009 Operations and Maintenance Budget, Debt Service Fund Budget and Self- Insurance Fund Budget and • Approve a resolution establishing the FY 2008 -2009 Sewer Service Charge rate increase of $11 for a total Sewer Service Charge at $311 per residential unit. Approve a resolution authorizing collection of the FY 2008 -2009 Sewer Service Charges on the County tax roll. N:\ADMINSUP\ADMIN \POSPAPER \Budget Position Paper - 06- 05- 08.doc RESOLUTION NO. A RESOLUTION AMENDING TITLE 6, CHAPTER 6.34.010 OF THE DISTRICT CODE ESTABLISHING THE SEWER SERVICE CHARGES FOR FISCAL YEAR 2008 -2009 WHEREAS, the District has previously developed and instituted a Sewer Service Charge Program to finance the services and facilities furnished by the District; and WHEREAS, the Board of Directors of the District has reviewed the present Sewer Service Charge rate schedule and has determined that the residential annual Sewer Service Charge rates should be increased by an amount of $11 for fiscal year 2008- 2009. Non - residential rates will be increased proportionally based on Residential Unit Equivalents (RUE) factors; NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Central Contra Costa Sanitary District, that the FY 2008 -2009 Sewer Service Charges will be initiated for the fiscal year beginning July 1, 2008 and shall continue thereafter in effect until further action of the Board of Directors. The attached chart displays the residential and non - residential charges for FY 2008 -2009. PASSED AND ADOPTED this 5th day of June 2008, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Gerald R. Lucey President of the Board of Directors 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 N:\ ADMINSUP \ADMIN \RATCLIFF\Resolution amending title 6 chapter 6.34.010 FY 08- 09.doc Sewer Service Charge Rates 2008 -09 Fiscal Year User Group Fiscal Year 2007 -2008 Fiscal Year 2008 -2009 Residential (rate per living unit): Single Family Dwellings, Mobile Homes, Townhouses, i I i Units $300.00 $311.00 Commercial ! Non - Industrial (rates per hundred cubic feet): Bakeries $7.67 $7.95 Supermarkets with Garbage Disposals $5.79 $6.00 Mortuaries $5.46 $5.66 Restaurants $5.68 $5.89 Others $2.78 $2.88 Minimum Annual Charge $312.00 $323.00 Industrial (rates per unit specified): Wastewater Flow (million gallons per year) $1,530.00 $1,586.00 Biochemical Oxygen Demand (1,000 lbs. per year) $638.00 $661.00 Total Suspended Solids (1,000 lbs. per year) $456.00 $473.00 Peak (Demand) Flow (million gallons per day) $183,870.00 $190,612.00 Minimum Annual Charge $312.00 $323.00 Special Discharge Permits & Contractual Agreements: Determined lndjvi 1 Determined Individually Institutional (rates per hundred cubic feet): Churches $2.78 $2.88 Schools $2.78 $2.88 Fraternal & Service Organizations $2.78 $2.88 Local & State Institutions $2.78 $2.88 Other Tax Exempt (Except Federal) $2.78 $2.88 Federal Institutions $2.78 $2.88 Utilities with Special Tax Status $2.78 $2.88 Independent Living Facilities, Rest Homes, & Convalescent Hospitals $2.78 $2.88 IMinimurn Annual Charge $312.00 $323.00 2008- 09RateTable 5/16/2008 RESOLUTION NO. A RESOLUTION DIRECTING THAT THE FY 2008 -2009 SEWER SERVICE CHARGES BE COLLECTED ON THE COUNTY TAX ROLL WHEREAS, the District has previously developed and instituted a Sewer Service Charge Program for services and facilities furnished by the District to finance yearly Operation and Maintenance of the District; and WHEREAS, the Sewer Service Charge is collected through a direct charge to the users: and WHEREAS, the District Code provides that the District may elect to collect current and delinquent charges on the tax rolls as provided by Sections 5470 and following of the Health & Safety Code; and WHEREAS, it is considered to be economically and efficient to continue the existing practice and collect the Sewer Service Charges for the 2008 -2009 fiscal year on the county tax roll; NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Central Contra Costa Sanitary District, that the FY 2008 -2009 Sewer Service Charges are to be collected on the County of Contra Costa tax roll. PASSED AND ADOPTED this 5th day of June 2008, by the District Board of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members ABSENT: Members COUNTERSIGNED: Gerald R. Lucey President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California 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 N:\ ADMINSUP \ADMIN \RATCLIFF\Resolution 2008 -2009 sewer service charges.doc s5. PUBLIC HEARING 2008 -2009 BUDGETS AND SEWER SERVICE CHARGE Approve the FY 2008 -2009 O &M, Debt Service and SelMnsurance Budgets Adopt a resolution establishing the FY 2008 -2009 Sewer Service Charge at $311 Adopt a resolution authorizing collection of FY 2008 -2009 Sewer Service Charge on the County Tax Roll N:`.RCMINsur,ADNiI ',RATCLlF ,Budget Overheads 2 - Public Hearing 2008- 2005.doc ASSUMPTIONS 2008 -2009 O &M BUDGET REVENUE ASSUMPTIONS: Sewer Service Charge - $311 $260 Allocated to O &M $51 Allocated to Sewer Construction Total Budgeted Ad Valorem Tax $12.4 million: $3.8 Million Allocated to Debt Service Fund $8.6 Million Allocated to Sewer Construction Fund EXPENSE ASSUMPTIONS: $5.2 Million Allocation for GASB 45 Post Retirement Benefits Natural gas cost Underestimated N: \ADMINSUP\ADMIN \RATCLIFF\Budget Overheads - Public Hearing 2008- 2009.doc OPERATING AND MAINTENANCE 2007 -2008 BUDGET COMPARED TO 2008 -2009 BUDGET (000 Omitted) 2007 -2008 2008 -2009 Increase Budget Budget (Decrease) Revenues $52,998 $57,031 7.6% Expenses 55,227 58,496 5.9% Revenues Over Expenses 2 229 1 4 Fund Balance 06/30/09 $5,329 Sewer Service Charge Rate (O &M Portion Only) $242 $260 Total Sewer Service Charge $300 $311 N: \ADMINSUP\ADMIN \RATCLIFF\Budget Overheads 2008- 2009.doc DEBT SERVICE FUND 2008 -2009 BUDGET (000 Omitted) Revenue Debt Service $3,866 Interest Expense 1,422 Principal Payments 2,445 TOTAL $3,867 N: \ADMINSUP\ADMIN \RATCLIFF\Budget Overheads 2008- 2009.doc SELF - INSURANCE FUND 2008 -2009 BUDGET (000 Omitted) Revenues $1,018 Expenses 863 Revenue Over Expense 155 Fund Balance - 06/30/09 $3,878 N:wUM1N5UP\AUMIN\RATCLIFF\Self Insurance Fund Overhead 06- 05- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No.: 7.a. Bids and Awards Type of Action: AWARD CONSTRUCTION CONTRACT /AUTHORIZE EXECUTION OF CONTRACT DOCUMENTS Subject: AWARD A CONSTRUCTION CONTRACT; FIND THE PROJECT EXEMPT FROM CEQA; AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS WITH CALIFORNIA TRENCHLESS, INC. FOR THE CONSTRUCTION OF THE CAMINO PABLO TRUNK SEWER IMPROVEMENT, DISTRICT PROJECT 5946, AND THE FLUSH KLEEN FORCE MAIN RENOVATION, DISTRICT PROJECT 5949 Submitted By: Initiating DeptJDiv.: Paul Seitz, Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: P. Seitz A. Rozul i A. Farrell ISSUE: On May 20, 2008, six (6) sealed bids were received and opened for the construction of the Camino Pablo Trunk Sewer Improvement, District Project 5946, and the Flush Kleen Force Main Renovation, District Project 5949. The Board of Directors must award the contract or reject bids within 50 days of the bid opening. RECOMMENDATION: Find that the project is exempt from the California Environmental Quality Act (CEQA), award a construction contract to California Trenchless, Inc., and authorize the General Manager to execute the Contract Documents. FINANCIAL IMPACTS: Approximately $1,919,000, including design, bid price, contingency, and construction management. ALTERNATIVES /CONSIDERATIONS: Reject all bids, which is not recommended. BACKGROUND: In 1986, the Wastewater Collection System Master Plan identified and prioritized sewer capacity deficiencies. An update of the Collection System Master Plan was completed in March 2000. The Camino Pablo Trunk Sewer Improvements were identified in the Master Plan as being capacity deficient during wet - weather events. In addition, the District -wide television inspection program showed that there were several structural deficiencies that needed to be rehabilitated in this line. N: \PESUP \Cbradley \Position Papers \Seitz \5946 -5949 Award Position Paper.doc Page 1 of 7 POSITION PAPER Board Meeting Date: June 5, 2008 Subject: AWARD A CONSTRUCTION CONTRACT; FIND THE PROJECT EXEMPT FROM CEQA; AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS WITH CALIFORNIA TRENCHLESS, INC. FOR THE CONSTRUCTION OF THE CAMINO PABLO TRUNK SEWER IMPROVEMENT, DISTRICT PROJECT 5946, AND THE FLUSH KLEEN FORCE MAIN RENOVATION, DISTRICT PROJECT 5949 The Camino Pablo Trunk Sewer Improvement Project will renovate approximately 3,000 linear feet of 6 -, 8 -, 10 -, and 12 -inch sewer lines in Orinda. Construction of the sewer in easements will involve close cooperation with customers for site access and restoration. The project work area for the Camino Pablo Trunk Sewer Improvement, District Project 5946, is shown in Attachment 1. The Flush Kleen Pumping Station is located in the East Bay Municipal Utility District (EBMUD) potable water watershed, and a high level of reliability of the pumping station and force main has to be maintained. Currently, the pumping station has two parallel force mains, one 6 -inch and one 10 -inch. In case of a force main failure, the second force main can be used to continue pumping wastewater. The larger 10 -inch force main is constructed of a pipe material known as Permastrand. This type of pipe is no longer available and is very difficult to repair when damaged or failure occurs. To maintain a high reliability of the Flush Kleen pumping system, the 10 -inch force main needs to be replaced. In addition, during the design phase the condition of the existing 6 -inch cast iron force main was evaluated. The 6 -inch cast iron force main was installed in 1953, and it was determined that, due to the age and the close proximity to construction, this force main would be replaced also. Both force mains are located in Camino Pablo and the Camino Pablo Frontage Road. The approximate length of each force main to be replaced is 1,725 linear feet. The project work area for the Flush Kleen Force Main Renovation, District Project 5949, is shown in Attachment 2. Brown and Caldwell and District staff prepared the plans and specifications for the project. The Engineer's estimate for construction of the Camino Pablo Trunk Sewer Improvement, District Project 5946, and the Flush Kleen Force Main Renovation, District Project 5949, is $2,000,000. This project was advertised on April 18 and 23, 2008. Six (6) sealed bids ranging from $1,153,880 to $1,593,293 were received and publicly opened on May 20, 2008. The Engineering Department conducted a technical and commercial review of the bids and determined that California Trenchless, Inc. is the lowest responsive bidder with a bid amount of $1,153,880. This bid is 42% below the engineer's estimate which can be attributed to the extremely competitive bidding climate. There has been a slowdown of work in the private sector and contractors that typically work on those projects are now bidding public works' projects. The number of sewer construction projects out for biding is low, which increases the competition further. A summary of bids received is shown in Attachment 3. N: \PESUP \Cbradley \Position Papers \Seitz \5946 -5949 Award Position Paper.doc Page 2 of 7 POSITION PAPER Board Meeting Date: June 5, 2008 subject: AWARD A CONSTRUCTION CONTRACT; FIND THE PROJECT EXEMPT FROM CEQA; AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS WITH CALIFORNIA TRENCHLESS, INC. FOR THE CONSTRUCTION OF THE CAMINO PABLO TRUNK SEWER IMPROVEMENT, DISTRICT PROJECT 5946, AND THE FLUSH KLEEN FORCE MAIN RENOVATION, DISTRICT PROJECT 5949 The District will perform construction management and will provide contract administration, inspection, and office engineering. Staff will retain Brown and Caldwell to provide support services during construction for this project because Brown and Caldwell helped prepare the plans and specifications and, therefore, has a solid understanding of the project design. The construction support services include reviewing shop drawings and submittals, responding to design questions, evaluating change order requests, survey, and other related activities. The current agreement with Brown and Caldwell will be amended to include construction support services during construction. The funds required to complete this project, as shown in Attachment 4, are $1,504,000. The total cost of the Camino Pablo Trunk Sewer Improvement, District Project 5946, and the Flush Kleen Force Main Renovation, District Project 5949, is anticipated to be $1,919,000. These projects are included in the fiscal year 2007 -2008 Capital Improvement Budget (CIB) on pages CS -85 to CS -86, and CS -94 to CS -96. Staff has determined that there are adequate funds in the Collection System Program for this project. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15301, since it involves minor alterations to an existing public facility involving negligible or no expansion of use. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Staff recommends the following: Find that the project is exempt from CEQA; 2. Award a construction contract in the amount of $1,153,880 for the construction of the Camino Pablo Trunk Sewer Improvement, District Project 5946, and the Flush Kleen Force Main Renovation, District Project 5949, to California Trenchless, Inc., the lowest responsive bidder; 3. Authorize the General Manager to execute the Contract Documents. N: \PESUP \Cbradley \Position Papers \Seitz \5946 -5949 Award Position Paper.doc Page 3 of 7 10ft i F. % ti �,. Central Contra Costa Sanitary District CAMINO PABLO TRUNK SEWER IMPROVEMENT PROJECT (DP 5946) • L { • a •_ • j Pmp•md by EnpinoMlnn Support Section Central Contra Costa SanitarV District -�= sD PmPumd by Ennin—inu Supp rt S—ch n ATTACHMENT 3 CAMINO PABLO TRUNK SEWER IMPROVEMENT, DISTRICT PROJECT 5946 AND FLUSH KLEEN FORCE MAIN RENOVATION, DISTRICT PROJECT 5949 SUMMARY OF BIDS PROJECT NO.: 5946 and 5949 DATE: MAY 20, 2008 PROJECT NAME: CAMINO PABLO TRUNK SEWER IMPROVEMENT AND FLUSH KLEEN FORCE MAIN RENOVATION PROJECT PROJECT LOCATION: ORINDA, CALIFORNIA ENGINEER EST.: $2,000,000 BIDDER BID PRICE California Trenchless, Inc. $1,153,880 KJ Woods Construction $1,268,000 D'Arcy & Harty Construction $1,347,450 McGuire & Hester $1,398,534 J & M, Inc. $1,470,665 J. Howard Engineering, Inc. $1,593,293 BIDS OPENED BY Elaine Boehme DATE May 20, 2008 SHEET NO. 1 OF 1 N: \PESUP \Cbradley \Position Papers \Seitz \5946 -5949 Award Position Paper.doc Page 6 of 7 H W H a n i� �D 07 W) W) W W " -1 00 aa� UU� (1) t_n W D a z ZZO O UJ U W �w0 ?mow zw a Wa �� ww0 YOm N w w a a. F- W OY m = Q cl) IL OJ Z LL Q U w N O U O 0 N N N _ O U 0 O O 011 CD O O CA M T T T CD °o ° CD p r Q Sri 0 O 0 M T N M Q 40 co � CD coo O O O O ooc JQ le V CD 0 V- JQ C T T N T Eii EA 69. N ta w w v C O W O H U) 0 = Z Q � = w = O CL Z F- E O m Z F- LU W J +-� ~ w _ ~ Z w H o Z N o U w C7 c = r U z v 4 Q O = w w F- E cn N O +O+ c A Z O O v Z O w w N 0Z � O c 0 L d y LU = Z � = a U O JU F= = _j f CL U) c 'i J a c -3 a _= L N H Q o ui Z= � � UC)( I O U O w o OJ m CO) 00 U U a c U- 6 N M efi p cc v- 0 r a� a m a c C C/) cs O N cc n 00 $1) n 0 CD 0 r--#- C 73 Q cD 0 D z 0 OD Walnut Creek Review Process Updated Schedule • Numerous iterations of review by City staff - Fall 2007 to May 2007 (Planning, Engineering, Traffic Engineering, City Arborist, etc) • Design Review Commission Study Session - May 7, 2008 • Design Review Commission Vote to send to Planning Commission- June 4, 2008 • Planning Commission to approve Conditional Use Permit - June 10, 2008 • Design Review Commission Final 1 :F k9a fill, I ' I f f i F 1, fill ill lit I t j I I e lit, 1�_ r R° 2° O ! i 4 6 6y it" fi ni5 P 3E �r N b i i i Y 7 dKi z H 7d a r 0 O z H 7d a n O H a a z H a d En H 7d n H D w I 0 D r z 0 m A m to m z z N 0 A N N 0 z C m z r- I- 0 0 N O - �Oct S �Am� 0 0� 8qy� m L adoa xaoaeora�xds _ ._. 111 S s tb m ry F r v• � � �° F. � 1� 1t Ab�� 0 y F F 1 n rz C %tl O n O m k' a H O z d a c� a > 0 ex. ?; fill a t e 4 tolPRIIN; aE; j e s opt .� s x x 6 g 7 Project Budget Update • Original contract (April 2004) $150,000 - Needs Assessment, Alternatives Analysis and Conceptual Plan • Contract amendment (September 2006) $650,000 - Design & Bidding • Total approved project budget $800,000 • Total staff amendment authority = 15% of $800,000 or $120,000 • Total potential expenditures $920,000 Original Contract Spent to Date • $140,000 of original Board authorized $150,000 spent (Remaining $10,000 to be used for green design concept memo) • $650,000 Board authorized amendment as follows: - Schematic Design - $96,120 + contingency of $26,660 spent to date = $122,780 spent to date - Design Development - $60,000 of $166,200 spent to date - Detailed Design - $346,040 unspent - Bidding - $14,960 unspent • - $185,000 of $650,000 amendment spent to date Total $325,000 of Board authorized $800,000 spent to date 1 Staff Authority Spent to Date • Staff authority available $120,000 —15% of $150,000 = $22,500 —15% of $650,000 = $97,500 • Staff authority amendments $115,000 — $30,000 for additional alternatives analysis after contract for final design concept signed by District — $85,000 for additional work on civil for parking /stormwater /landscaping (pending) • Separate staff authority contract with RBF Consulting, Walnut Creek based firm — $50,000 for assistance with Walnut Creek permit and CEQA review process Total Spent To Date • Original Contract $325,000 of $800,000 • Staff Authority $115,000 of $120,000 • Total for Planning and Design $440,000 of $920,000 • Additional Contract for Walnut Creek Permitting Assistance $50,000 • Total Spent to Date $490,000 • Total Authorized Remaining $480,000 for WC Process and Detailed Design and Bidding • Budget Status will be reassessed after July 16, 2008 Design Review Commission Meeting 2 CSO Project Next Steps • Attend Planning Commission on June 10 • Update drawings to reflect comments from DRC and Planning Commission • Final review by Design Review Commission on July 16, 2008 • Design of building interior has been started in parallel and staffing is optimizing building layout within agreed upon footprint to make best use of space allocated for expansion • Goal to bid in early 2009 X r" LIM Agenda Item 8.a.2) Board Meeting of June 5, 2008 Written Announcements: a) Grand Jury Tour Reminder The Grand Jury will visit the Headquarters Office Building and Plant Operations Division on Tuesday, June 17, 2008 from 1:30 p.m. to 3:00 p.m. The group will consist of 20 -25 participants. They have requested an overview of the District's services, as well as the goals, objectives, and challenges faced. The group specifically requested a plant tour. Foreperson Jerry Holcombe will be heading the group. General Manager Jim Kelly and Communication Services Manager Michael Scahill are leading District preparations for the tour. b) Public Meeting for South Orinda Sewer Renovation (Phase 3), DP 5985 The District will host a public workshop on Thursday, June 19, 2008, from 7:00 p.m. to 8:00 pm at the Orinda Intermediate School's Multi- Purpose- Room located at 80 Ivy Drive in Orinda. This is the third phase of sewer renovations in southern Orinda. Approximately 7,500 linear feet of 6 -and 8 -inch sewer lines will be replaced in various locations. The project will go out for bid in July with the Bid Opening scheduled for August. The District is coordinating the project construction with the City of Orinda and East Bay Municipal Utility District to minimize traffic iOmpact on Moraga Way, Saint Mary's Road, and Moraga Road. c) District Receives Award from National Association of Clean Water Agencies The District was informed by the National Association of Clean Water Agencies ( NACWA) that the District's treatment facility has received the Platinum 10 Peak Performance Award for 10 years of consecutive permit compliance. The treatment facility will be recognized in a slide presentation during the July 16, 2008 Awards Ceremony at the NACWA Summer Conference and 38th Annual Meeting being held in Anchorage, Alaska. Please refer to the attached letter for further detail. d) Passing of Buildings and Grounds Supervisor Buildings and Grounds Supervisor Harry Wyles passed away after an extended illness on Tuesday, May 20, 2008. Harry was an employee of the District for four years, and he will be missed. Funeral service was held on Friday, May 23, 2008 at Pittsburg Funeral Chapel. The family has requested that donations be made to Vitas Hospice of East Bay located at 365 Lennon Lane, No. 140, Walnut Creek, CA 94598. e) Harassment Avoidance Training Assembly Bill 1825 mandates two hours of Harassment Avoidance Training for supervisors every two years. The District will be holding this training on June 25 and June 26, 2008, in the Board Room from 9 a.m. to 11 a.m. and from 1 p.m. to 3 p.m. The training will also be held at Collection System Operations on June 30, 2008, after the monthly staff meeting. Diane O'Malley, a partner from the District's labor law firm of Hanson, Bridgett, will be the presenter. The District requires all employees to attend this training. If Board Members would like to attend any of the sessions, please contact Elaine Boehme. f) Annual Recycled Water Rate Increase Recycled water rates will be increased by 3% on July 1, 2008 in accordance with the Recycled Water ordinance adopted by the Board. Board action is not needed to implement the rate increase because the increase was built into the ordinance. This increase is consistent with the increase in water rates by the Contra Costa Water District (CCWD). The District's rates remain at about 80% of CCWD's rates. A comparison of the new and existing rates are shown in the following table: Rates Former Potable Water Former Canal Water Customers Customers Existing $2.67 per 1,000 gallons $1.27 per 1,000 gallons $870 per acre -foot $414 per acre -foot New $2.75 per 1,000 gallons $1.31 per 1,000 gallons $896 per acre -foot $426 per acre -foot Staff will be mailing out informational letters to our recycled water customers in early June. g) Paving On Wanda Way At the May 1, 2008 Board meeting, residents on the private road section of Wanda Way informed the Board that their road did not receive a 3 -inch minimum asphalt pavement thickness as stated in their Easement Purchase Agreement. District staff has evaluated several paving options and determined that the best way to ensure the minimum thickness is to install an overlay of 1 -'/2 inches of new asphalt over the current road. Pavement overlay work is planned for completion in June. h) Code Adoption Schedule The District code will soon be ready for Board approval and adoption. The July 17, 2008 public hearing will be set at the June 19, 2008 Board meeting. i) News Report on Compact Fluorescent Lamps The problem of Compact Fluorescent Lamp (CFL) disposal was covered in an ABC Channel 7 News report on Sunday, May 18, 2008. The Household Hazardous Waste Collection Facility was featured in the story, and Communication Services Manager Michael Scahill was interviewed. A transcript of the news piece can be found in the Board packet clippings. j) Leadership Academy Completion The second year of the Leadership Development Program was completed on May 14, 2008. The program included the following presentations by class participants: • CCCSD Design and Right of Way Process Improvement • CCCSD Pre - Design Coordination Enhancement • DDSD /Zone 7 — Succession Planning • Inter - Agency Safety Training Center • Improve Interagency Communication • DSRSD FOD /DO Office Consolidation Certificates of completion were awarded following the presentations. Lunch was provided for participants, their sponsors, and guests after the certificate award. The Dublin -San Ramon Services District has decided to continue the program in the fall. Agenda Item 8.a.2) Board Meeting of June 5, 2008 Additional Written Announcements: k) Water/Wastewater Operator Training Program The District's Water/Wastewater Operator Training Program, started a year ago, will begin its third semester in August. The program has grown from three classes administered at the District and sponsored by ten agencies to a total of six classes administered at the District, Pleasanton, and Oakland sponsored by fifteen agencies. A true indicator of the program's success is the registration of 110 students in less than a week for the six classes, 50 of which are returning students. The high registration was accomplished without advertising. A Solano College representative noted that other colleges in the country would envy the success of this program. 1) District Projects Submitted for California Association of Sanitation Agencies (CASA) Award CASA is soliciting applications for their 2008 Achievement Awards. District staff plans to submit the New Treatment Plant Control System Improvements Project (Technological Achievement and Outstanding Capital Improvement Categories); and the highly successful Wastewater Operator Training Program (Organizational Innovation Award) for consideration. Winners will be announced at the August 2008 CASA Conference in Monterey. If either project wins, the award(s) will be presented at the January 2009 CASA Conference in Indian Wells. m) San Ramon Household Hazardous Waste Event Appointments District Household Hazardous Waste (HHW) staff is no longer accepting appointments for the Household Hazardous Waste event this weekend in San Ramon. As of June 4, 2008, HHW had over 500 appointments. The size of the facility and parking accommodations determine the number of participants. Last year's event served 352 participants. An update of the event will be provided for the June 19th Board meeting. NACWA A Commitment to America's Waters EXECUTIVE COMMITTEE �'1 Ef Yi)i ti, Christopher M. Westhoff Assistant City Attorney Public Works General Counsel City of Los Angeles Los Angeles, CA .IrE i,uESU�I -�� r Marian Orfeo Director of Planning & Coordination Massachusetts Water Resources Authority Boston, MA May 20, 2008 James M Kelly General Manager Central Contra Costa Sanitary District 5019 Imhoff PI Martinez, CA 94553 -4394 Dear Jim: I REIASURFR It gives us great pleasure to inform you that Central Contra Costa Sanitary District's Kevin L Shafer Treatment Facility has earned a Platinum Peak Performance Award for 10 years of Executive Director Milwaukee Metropolitan consecutive 100% NPDES permit compliance. Congratulations on receiving this Sewerage District prestigious honor. Milwaukee, WI SECRETARY JeffTheenman Executive Director Metropolitan St. Louis Sewer District St. Louis, MO PAST PRFSID6N -f Dick Champion, Jr. Director Independence Water Pollution Control Department Independence, MO EXECUTIVE. DIRF( IOR Ken Kirk National Association of Clean Water Agencies 1816 Jefferson Place, NW Washington DC 20036 -2505 As a multi-year Platinum honoree, your facility will be recognized in a slide presentation during the July 16 Awards Ceremony at the NACWA Summer Conference & 38rh Annual Meeting being held in Anchorage, Alaska. The facility will also be recognized on the NACWA website and in the July Clean Water Advocate. If you are planning to attend the conference, your certificate will be available for pick -up after the ceremony; however, if you are unable to join us in Alaska, certificates will be mailed shortly thereafter. In the coming weeks, we will provide you with an e -mail linking to an online publicity kit that will enable you to promote this great accomplishment with your local media. Also included with this communication will be information regarding award promotional items that may be purchased by the utility to celebrate your employees commitment to excellence. If you would like NACWA to notify your chief elected officials of this prestigious honor, please provide their names and addresses via e-mail to Kelly Brocato at kbrocato0nacwa.org. Again, congratulations to you and all of the Central Contra Costa Sanitary District employees on a job well 'done. Sincerely, Philip Friess Chair, NACWA Awards Committee Department Head, Technical Services Sanitation Districts of Los Angeles County, CA p202.833.2672 f202.833.4657 www.nacwa.org - info @nacwa.org -a Ken Kirk NACWA Executive Director 8.c.1) Central Contra Costa Sanitary District DATE: June 5, 2008 TO: President Lucey and Members of the Board FROM: Elaine R. Boehme, Secretary of the District 6-213 SUBJECT: Senate Bill 343 Pertaining to Agenda Materials On July 1, 2008, Senate Bill No. 343 will go into effect attached). This new bill amends Government Code Section 54957.5 (The Brown Act) by adding mandates regarding supplemental materials relating to items on the agenda that have been distributed to a majority of the legislative body after the agenda packets have been distributed. In order to comply with these new requirements, a separate binder (in addition to the regular Agenda Binder) has been placed at the Reception desk which has been labeled: Agenda Related Writings /Documents provided to a majority of the Board after distribution of the (date of meeting) Agenda Packet. If additional materials beyond those in the regular agenda packet that relate to items on the agenda are distributed to the Board after the agenda packet has been distributed, those additional materials will be inserted in this new binder so that interested members of the public have an opportunity to review them. Wording has also been added to the front page of the Board agenda to meet the requirements of SB 343 (attached). The same requirements apply to Board Committees. The process will be the same as for Board Agenda materials and meetings, and a front page will be added to Committee agendas. A Board Committee binder has also been placed in the lobby. Extra copies of any materials handed out to Board or Committee Members at the meeting (e.g. overheads) will be made available to the public at the meeting. District Counsel Kent Alm has reviewed the new procedures and concurs. Please let me know if you have any questions. Senate Bill No. 343 CHAPTER 298 An act to amend Section 54957.5 of the Government Code, relating to local agencies. [Approved by Govemor October 5, 2007. Filed with Secretary of State October 5, 2007.1 LEGISLATIVE COUNSEL'S DIGEST SB 343, Negrete McLeod. Local agencies: open meetings: documents. The Ralph M. Brown Act requires that any meeting of a legislative body of a local agency be open and public and all persons be permitted to attend. The act requires the body to post an agenda at least 72 hours before a regular meeting and provides that agendas and any other writings, when distributed to all, or a majority of all, of the members of a legislative body of a local agency by any person in connection with a matter subject to discussion or consideration at a meeting of the body are public records subject to the public disclosure requirements of the California Public Records Act. This bill would provide that if a writing that is a public record under these provisions, and that relates to an agenda item for an open session of a regular meeting of the legislative body of a local agency, is distributed less than 72 hours prior to that meeting, the writing shall be made available for public inspection at a public office or location that the agency shall designate for this purpose. It would require each local agency to list the address of this office or location on the agendas for all meetings of the legislative body of that agency. It also would authorize a local agency to post a writing that is a public record under these provisions on the agency's Internet Web site. It would make these provisions effective on July 1, 2008. The people of the State of California do enact as follows: SECTION 1. Section 54957.5 of the Government Code is amended to read: 54957.5. (a) Notwithstanding Section 6255 or any other provisions of law, agendas of public meetings and any other writings, when distributed to all, or a majority of all, of the members of a legislative body of a local agency by any person in connection with a matter subject to discussion or consideration at an open meeting of the body, are disclosable public records under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and shall be made available upon request without delay. However, this section shall not include any writing 93 Ch. 298 —2— exempt from public disclosure under Section 6253.5, 6254, 6254.3, 6254.7, 6254.15, 6254.16, or 6254.22. (b) (1) If a writing that is a public record under subdivision (a), and that relates to an agenda item for an open session of a regular meeting of the legislative body of a local agency, is distributed less than 72 hours prior to that meeting, the writing shall be made available for public inspection pursuant to paragraph (2) at the time the writing is distributed to all, or a majority of all, of the members of the body. (2) A local agency shall make any writing described in paragraph (1) available for public inspection at a public office or location that the agency shall designate for this purpose. Each local agency shall list the address of this office or location on the agendas for all meetings of the legislative body of that agency. The local agency also may post the writing on the local agency's Internet Web site in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting. (3) This subdivision shall become operative on July 1, 2008. (c) Writings that are public records under subdivision (a) and that are distributed during a public meeting shall be made available for public inspection at the meeting if prepared by the local agency or a member of its legislative body, or after the meeting if prepared by some other person. These writings shall be made available in appropriate alternative formats upon request by a person with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. (d) Nothing in this chapter shall be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 6253, except that no surcharge shall be imposed on persons with disabilities in violation of Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. (e) This section shall not be construed to limit or delay the public's right to inspect or obtain a copy of any record required to be disclosed under the requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). Nothing in this chapter shall be construed to require a legislative body of a local agency to place any paid advertisement or any other paid notice in any publication. X 93 BOARD MEETING AGENDA Board Room Thursday April 3, 2008 2:00 p.m. INFORMATION FOR THE PUBLIC BOARD OF DIRECTORS: GERALD R. LUCEY President BARBARA D. HOCKETT President Pro Tem MICHAEL R. McGILL MARIO M. MENESINI JAMES A. NEJEDLY Anyone wishing to address the Board of Directors should complete a speaker's card and submit it to the Secretary of the District. In addressing the Board, speakers should step to the podium and state their names and address for the record. The Board President may direct questions to any member of the audience as appropriate at any time during the meeting. All matters listed under the CONSENT CALENDAR are considered to be routine by the Board of Directors and will be enacted by one motion. There will be no separate discussion of these items unless requested by a Member of the Board of Directors or the public prior to the time the Board votes on the motion to adopt. ADDRESSING THE BOARD ON AN ITEM ON THE AGENDA Persons wishing to speak on PUBLIC HEARINGS and OTHER MATTERS listed on the agenda will be heard when the President calls for comments from the audience, except on public hearing items previously heard and closed to public comment. The President may specify the number of minutes each person will be permitted to speak based on the number of persons wishing to speak and the time available. After the public has commented, the item is closed to further public comment and brought to the Board for discussion and action. There is no further comment permitted from the audience unless invited by the Board. ADDRESSING THE BOARD ON AN ITEM NOT ON THE AGENDA In accordance with state law, the Board is prohibited from discussing items not calendared on the agenda. You may address the Board on any items not listed on the agenda, and which are within their jurisdiction, under PUBLIC COMMENTS. Matters brought up which are not on the agenda may be referred to staff for action or calendared on a future agenda. AGENDA REPORTS Supporting materials on agenda items are available for public review at the Reception, 5019 Imhoff Place, Martinez. Reports or information relating to agenda items distributed within 72 hours of the meeting to a majority of the Board are also available for public inspection at the Reception. During the meeting, information and supporting materials are available in the Board Room. AMERICANS WITH DISABILITIES ACT In accordance with the Americans With Disabilities Act and California Law, it is the policy of the Central Contra Costa Sanitary District to offer its public meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require special accommodations to participate, please contact the Secretary of the District at least 48 hours in advance of the meeting at (925) 229 -7303. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No.: 9.a. Administrative Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION CALLING FOR A NOVEMBER 4, 2008 ELECTION, REQUESTING CONSOLIDATION OF THE ELECTION OF DISTRICT BOARD MEMBERS WITH THE STATEWIDE GENERAL ELECTION, AND SETTING FORTH DISTRICT REGULATIONS FOR CANDIDATE STATEMENTS Submitted By: Elaine R. Boehme, Initiating Dept /Div.: Administration Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION. c� Elaine R. Boehme M. Kel ISSUE: A resolution calling for the election, requesting consolidation of the election with the statewide election, and setting forth requirements for candidate statements must be filed with the County Elections Department and County Board of Supervisors by July 2, 2008. RECOMMENDATION: Adopt a resolution calling for the November 4, 2008 election for the election of three Board Members for four -year terms; requesting consolidation of the election with the statewide election; and setting forth requirements for candidate statements. FINANCIAL IMPACTS: The estimated cost for the 2008 election submitted by the County Elections Department is $1.75 per registered voter. The estimated number of registered voters in the District as of February 1, 2008 was 182,539, which amounts to a total cost of approximately $319,444, if an election is required. There will be additional charges for processing and publication of the Notice of Election and candidate statements (Attachment 1). With regard to the cost of candidate statements, for the 2006 election the Board readopted regulations requiring candidates to pay $500 towards the cost of publication of their statement at the time of filing the nomination papers, and the balance would be paid by the District after the election costs were determined. For the 2008 election, the County estimates that each candidate statement will cost $3,850. ALTERNATIVES /CONSIDERATIONS: Statutory provisions (Elections Code Section 10402.5) effectively require the District to consolidate its election when it is held on a statewide election date. District regulations for the payment and size of candidate statements may be modified or reaffirmed, in accordance with Elections Code Section 13307. POSITION PAPER Board Meeting Date: JUNE 5, 2008 Subject: ADOPT A RESOLUTION CALLING FOR A NOVEMBER 4, 2008 ELECTION, REQUESTING CONSOLIDATION OF THE ELECTION OF DISTRICT BOARD MEMBERS WITH THE STATEWIDE GENERAL ELECTION, AND SETTING FORTH DISTRICT REGULATIONS FOR CANDIDATE STATEMENTS BACKGROUND: A District election will be held on November 4, 2008 for the election of three Board Members. The terms of office for Board Members Barbara D. Hockett, Mario M. Menesini and James A. Nejedly end in December, 2008. Elections Code Section 10402.5 provides that Special Districts shall request that election of their Board Members be held on the same day as a statewide general election. To accomplish that, the Board must adopt a resolution requesting such consolidation and file it with the Board of Supervisors and the County Election Department. The resolution also calls for the election to be held on November 4, 2008 and establishes requirements for candidate statements. The Board of Directors must reaffirm or modify the District's regulations with regard to word limit, payment of costs, and payment of a deposit for candidate statements. In 1996, due to prohibitively high costs compared to other agencies, the Board voted to have the District share in the cost of publication of candidate statements. For the 2006 election, the Board re- adopted regulations requiring that candidates pay $500 towards the cost of publication of their statement at the time of filing their nomination papers; that the balance be paid by the District after the elections costs were determined; and that the statement be limited to 300 words. If the statements exceeds 300 words, or the statement is spaced so that it goes to a second page, the cost is doubled. The Board may consider whether to modify the word limit or to reaffirm current District regulations. The candidate nomination period begins on Monday, July 14, 2008 and ends on Friday, August 8, 2008. If an incumbent does not file, the nomination period is extended 5 calendar days, ending on Wednesday, August 13, 2008 for non - incumbents only. A draft resolution is attached for Board consideration (Attachment 2). A copy of the final resolution will be delivered to the Contra Costa County Board of Supervisors and the Elections Department. RECOMMENDED BOARD ACTION: Adopt a resolution calling for the November 4, 2008 election, requesting consolidation of the election with the statewide election, and setting forth requirements for candidate statements; and direct the Secretary of the District to file the resolution with the County Elections Department and County Board of Supervisors. Z O w J w J U O F- 2 CD O 0 N W � N c _ O ,_, c>s c o V N C t/1 O p to �- C) LO O N -2 Q. L cu O N U Q U CD O w 0(A Q 64c° O � N L ca d d E O U 00 0 Cfl ti N � co 64 _ � &-:� co M 6 cm M N r _N N N (D N co — 0 J m U 0) N 0) co r ATTACHMENT 1 c o � 3 E N ^ M cu O -0 U5 C!) O t1Y cc W m -0 m o0 c� co ) LO 'w�?6-J. U ( N N U E +. N N O w % o O N N 0) N � U Q cu 0 O . Z N C E co U U N N 42 O O Sao N O a U � O- m3 >> © " Lo O rn ti 0 V- - V- CO w co O 0 O N O i a E ci Q OR c'. 4- O ' m m O t{3 ) O c. i* 2 Z m 72 0) cl• N C6 I1_ ° > ' co 417 90 w> 00 r CD O 0 N W � N c _ O ,_, c>s c o V N C t/1 O p to �- C) LO O N -2 Q. L cu O N U Q U CD O w 0(A Q 64c° O � N L ca d d E O U 00 0 Cfl ti N � co 64 _ � &-:� co M 6 cm M N r _N N N (D N co — 0 J m U 0) N 0) co r ATTACHMENT 1 c o � 3 N ^ M cu O -0 U5 C!) ca VtZ C o m ftf �.. 3 E m Q O j V Z t M w p ( N N U E +. N N w % o O N N 0) U Q 0 0 O . Z N C U U - 42 O Sao N O a U � w'64 m3 >> O 0 N O Q Z i a ci Q Z 4- O ' m m m ) O O c 2 Z m 72 0) N C6 I1_ ° > ' O O O N 0 0 U -p (Q C CL 0 LO N (u O C"f C l6 U a` c 0 N > U > O N co CO) N CY) EF} M 00 q• co L LO T N U U C Y N U O U .� (� E O N U L 2Z cu •- * * Z CO co LO co m c N U C in ^ LO Q. M N c "a 'N Va L C O C.) N 6 U N a c N L U N 04 0 :0 > r ...; ti a) C? , N V �fi N fU � rn N O O N b ti r CD 0 .' U-) d s r m ... Im.......::. A, ACD ^W�♦♦ W U) O U * * Z Co IY > < N O O O N 0 0 U -p (Q C CL 0 LO N (u O C"f C l6 U a` c 0 N > U > O N co CO) N CY) EF} M 00 q• co L LO T N U U C Y N U O U .� (� E O N U L 2Z cu •- * * Z CO co LO co m c N U C ATTACHMENT 2 RESOLUTION NO. 2008- RESOLUTION OF THE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ORDERING THE ELECTION OF DISTRICT BOARD MEMBERS AND REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION, AND SETTING FORTH DISTRICT REGULATIONS RELATING TO CANDIDATE STATEMENTS WHEREAS, California Elections Code Section 10402.5 provides that any district election held on an established statewide election date shall be consolidated with the statewide election; and WHEREAS, California Elections Code Section 10403 provides that whenever an election called by the governing body of a special district, such as the Central Contra Costa Sanitary District, for an office to be filled which is to appear on the same ballot as the statewide election, the District shall, by resolution, request consolidation of elections of its members to be held on the same day as the Statewide General Election; and WHEREAS, Elections Code Section 13307 provides that each candidate for nonpartisan elective office in any local agency, including special districts, may prepare a candidate's statement on an appropriate form provided by the Elections Official; and WHEREAS, Elections Code Section 13307 further requires that, before the nominating period opens, the District Board must determine whether a charge shall be levied against each candidate submitting a candidate's statement to be sent to the voters; determine the number of words; may estimate the cost; and determine where the estimate must be paid in advance; and WHEREAS, Elections Code Section 12112 requires the Elections Official of the principal county to publish a notice of the election once in a newspaper of general circulation in the District. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District, that the Board does hereby make the following determination: Section 1. It is ordered that an election be held within the territory included in the Central Contra Costa Sanitary District on the 4th day of November 2008, for the purpose of electing members to the Board of Directors of Central Contra Costa Sanitary District. Section 2. The purpose of the election is to select members of the Board of Directors for three (3) seats for four -year terms beginning December 5, 2008 and ending December 7, 2012. Section 3. The Central Contra Costa Sanitary District hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the District, as provided in Elections Code 10400. Resolution No. 2008 - Page 2 Section 4. The Central Contra Costa Sanitary District has determined that the candidate and the Central Contra Costa Sanitary District shall share in the cost of publication of the Candidate Statements. Section 5. Each candidate shall pay $500 for the cost of publication of his /her Candidate Statement at the time of filing nomination papers, and the balance shall be paid by the Central Contra Costa Sanitary District after the election costs have been determined. Section 6. Each candidate's statement of qualifications shall be limited to 300 words. Section 7. The Central Contra Costa Sanitary District appoints the Contra Costa County Elections Department as the Elections Official and directs them to publish the Notice of Election in a newspaper of general circulation that is regularly circulated in the territory as required by Elections Code Section 12112. Section 8. The District will reimburse the County for the actual cost incurred by the County Elections Official in conducting the District election upon receipt of a bill stating the amount due, as determined by the Elections Official. BE IT FURTHER RESOLVED that the Secretary of the District is hereby authorized and directed to transmit a certified copy of this resolution to the Contra Costa County Board of Supervisors and to the Elections Department of said County. PASSED AND ADOPTED by the Board of Directors of Central Contra Costa Sanitary District this 5th day of June, 2008, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Gerald R. Lucey President of the Board of Directors 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 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No.: 10.a. Engineering Type of Action: APPROVE NEW PROJECT /AUTHORIZE AN AMENDMENT TO A PROFESSIONAL ENGINEERING SERVICES AGREEMENT Subject: APPROVE INITIATION OF NON - TREATMENT FACILITIES SEISMIC IMPROVEMENT PROJECT, DP 8226; FIND THAT THE PROJECT IS EXEMPT FROM CEQA; AUTHORIZE GENERAL MANAGER TO EXECUTE AN AMENDMENT TO A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH CPS, INC. FOR THE TREATMENT PLANT EMERGENCY PREPAREDNESS & RESPONSE PROJECT, DP 7267 AND THE NEWLY INITIATED NON - TREATMENT FACILITIES SEISMIC IMPROVEMENT PROJECT, DP 8226 Submitted By: Initiating Dept. /Div.: Nathan Hodges, Assistant Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: MR l V-) �0-- a V't I u N. Hodges B. Than ilecki A. Farrell arn-es7frR41y, Veneral Manger ISSUE: Approval by the Board of Directors is required to add a new project to Fiscal Year (FY) 2007 -08 and to authorize the General Manager to execute an amendment to a Professional Engineering Services Agreement beyond staff limits. RECOMMENDATION: Approve initiation of a Non - treatment Facilities Seismic Improvement Project, DP 8226; find that the project/agreement amendment is exempt from the California Environmental Quality Act (CEQA); and authorize the General Manager to execute an amendment to a Professional Engineering Services Agreement with Complete Project Solutions, Inc. for the Treatment Plant Emergency Preparedness & Response Project, DP 7267 and the newly created Non - treatment Facilities Seismic Improvement Project, DP 8226. FINANCIAL IMPACTS: Approximately $127,000 for the seismic analysis of the Headquarters Office Building, the 4737 Imhoff Place warehouse, and the Plant Operations Building. ALTERNATIVES /CONSIDERATIONS: Do no further investigations. This alternative is not recommended. N: \PESUP \Position Papers \Hodges\June5 PosPaper Extend Seismic Contract_BT.doc Page 1 of 3 POSITION PAPER Board Meeting Date: June 5, 2008 subject APPROVE INITIATION OF NON - TREATMENT FACILITIES SEISMIC IMPROVEMENT PROJECT, DP 8226; FIND THAT THE PROJECT IS EXEMPT FROM CEQA; AUTHORIZE GENERAL MANAGER TO EXECUTE AN AMENDMENT TO A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH CPS, INC. FOR THE TREATMENT PLANT EMERGENCY PREPAREDNESS & RESPONSE PROJECT, DP 7267 AND THE NEWLY INITIATED NON - TREATMENT FACILITIES SEISMIC IMPROVEMENT PROJECT, DP 8226 BACKGROUND: The most recent District seismic improvement project completed was in 1999, the Treatment Plant Seismic Upgrade Project, DP 7144. This project did not address non - treatment plant facilities. Updated building codes were effective in January 2008. The new codes incorporate more requirements for seismic design and include performance based design guidelines. In light of the new Building Code, staff recently initiated a review of the 1999 Treatment Plant Seismic Upgrade Project Study under District Project 7267. The evaluation incorporated the latest adopted seismic code standards. As part of that study, staff asked the consultant to do a preliminary review of the non - treatment plant structures, including the Headquarters Office Building (HOB), the Annex (old Animal Control Facility) and the warehouse building at 4737 Imhoff Place, because these structures had not been analyzed in the past. Staff was surprised when results of the preliminary evaluation indicated a significant concern with the performance of both the HOB structure and the 4737 Imhoff Place warehouse in a large seismic event. The preliminary assessment of the Annex Building did not indicate any significant seismic deficiencies. Because of the significant deficiencies found in the preliminary analysis of non - treatment plant structures, staff recommends the Board approve initiating a contingency project to do additional investigations of HOB and the warehouse at 4737 Imhoff Place. In addition, the Plant Operations Building and the Board Room were not included in any previous analysis and should be included in this next phase of work. Complete Project Solutions, Inc (CPS) is the structural engineering firm that has conducted the seismic analyses to date. Their principal, Michael Rojansky, is a PhD in Structural Engineering and an authority in seismic analysis and design. CPS's current agreement, $36,060, was prepared under staff authority limits. Staff has negotiated a scope of work with CPS to include additional analysis of the HOB, the 4737 Imhoff Place warehouse and the Plant Operations Building. Included in the scope is a second opinion from a University of California Professor specializing in seismic analysis. The additional scope of work is estimated at $90,000. The requested new cost ceiling of the agreement is $127,000. Staff will present the findings of the preliminary assessment and the proposed scope of work at the Board Meeting. N:\PESUP \Position Papers \Hodges \June5 PosPaper Extend Seismic Contract_BT.doc Page 2 of 3 POSITION PAPER Board Meeting Date: June 5, 2008 Subject. APPROVE INITIATION OF NON - TREATMENT FACILITIES SEISMIC IMPROVEMENT PROJECT, DP 8226; FIND THAT THE PROJECT IS EXEMPT FROM CEQA; AUTHORIZE GENERAL MANAGER TO EXECUTE AN AMENDMENT TO A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH CPS, INC. FOR THE TREATMENT PLANT EMERGENCY PREPAREDNESS & RESPONSE PROJECT, DP 7267 AND THE NEWLY INITIATED NON - TREATMENT FACILITIES SEISMIC IMPROVEMENT PROJECT, DP 8226 The Treatment Plant Emergency Preparedness & Response Project (DP 7267) is included in the 2007 -2008 Capital Improvement Budget on page TP -115 and will fund the investigation of the Plant Operations Building. Staff recommends that the Board authorize a contingency project in the General Improvements Program this current fiscal year to continue the seismic evaluation of non - treatment plant facilities, specifically the HOB and the 4737 Imhoff Place warehouse. Staff has determined that there are adequate funds available in the Treatment Plant Program and General Improvements Program. Staff has concluded that the proposed project/agreement amendment is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15262 since it involves planning tasks for possible future actions which the District has not approved, adopted, or funded, and the outcome of these tasks will not have a legal binding effect on later activities. Approval of this project/agreement amendment will establish the Board of Directors' independent finding that this project /agreement amendment is exempt from CEQA. The District will conduct an environmental evaluation of any capital project that is proposed in the future as a result of these studies to determine the appropriate CEQA compliance documentation. RECOMMENDED BOARD ACTION: Staff recommends the following: Approve initiation of a Non - treatment Plant Facilities Seismic Improvements Project, DP 8226, to be funded from the General Improvements Program. 2. Find that the project/agreement amendment is exempt from CEQA. 3. Authorize the General Manager to execute an amendment to a professional engineering services agreement for the Treatment Plant Emergency Preparedness & Response Project, DP 7267 and the Non - treatment Plant Facilities Seismic Improvements Project, DP 8226, not to exceed $127,000 with Complete Project Solutions, Inc. NAPESUP \Position Papers \Hodges \June5 PosPaper Extend Seismic Contract_BT.doc Page 3 of 3 Agenda Item t0.a Non - Treatment Facilities Seismic Evaluations June 5, 2008 Central Contra Costa Sanitary District Concord Fault • Less than 1 Mile from Site • Last Major Quake of 5.4 in 1955 • Historically It Generated 6.2 Magnitude • Expected Maximum Magnitude of 6.7 • Calculation Based on .53g (Magnitude 6 + / -) 1 ���e tus�ii' v�ba�ay' rmmoet F_O�Nt.tls Is 0 ttro H: ,L,`sb" 4'irr dRfi !My7 yuck «t� 1 J Q7 nc Gib:• ; •:,lbi Green Valley- Concord 6 0% 6 Z 6.7 rupee) vt 12"0 4&tr" u It q Phases Evaluation • Phase I - Visual Engineering Inspection and Review of Documents • Phase 11- Engineering Calculation and Computer Modeling • Phase III - Conceptual Design and Cost Estimating • Phase IV - Design (Future) • Phase V - Construction (Future) Facilities Evaluated Building Phase I phase II Phew 18 Annex Buildings ✓ N/A NIA 4737 Imhoff Place ✓ % x Headquarters Dines Building - HOB ✓ ✓ (11 % Plant Operations Building - POB X x x (1) - Get second opinion Completed ■ • To Be Determined R • To Be Evaluated as part of new agreement Key Annex Buildings Findings • Phase I Seismic Analysis — Did not include Quantitative Analysis • Single Story Buildings • Assessed Low to Moderate Impacts from an Earthquake Key 4737 Imhoff Place Findings • Phase I Seismic Analysis — Did not Include Quantitative Analysis • Constructed Circa Early 1970s • Wood Frame /Tilt up Structure • These Types of Structure Have Exhibited Poor Performance in an Earthquake Performance Guidelines For Phase II Analvsis • Federal Emergency Management Agency (FEMA) — Collapse Prevention (CP) — Immediate Occupancy (10) • California Building Code (CBC) —Life Safety (LS) Key Headquarters Office Building Findings Does not meet FEMA's Collapse Prevention (CP) Criteria Schedule • Get Second Opinion on The HOB (Phase II) from Prof. S. Mahin, UC Berkeley by the End of June • Finish the Non - Treatment Facilities Evaluations by October 2008 • Decision on Future part of Fiscal Year 2009 -10 CIB /CIP Next Steps Headquarters Office Building -Get Second Opinion on The HOB (Phase 11) from Prof. S. Mahin, UC Berkeley - Perform Conceptual Analysis to Determine Retrofitablity (Phase III) • 4737 Imhoff Place -Phase II Analysis • Plant Operations Building (including Board Room) -Phase 1 /11 Analysis • Treatment Facilities (including Laboratory, HHW) - Prepare a RFP for Seismic Evaluations Utilizing New GuidelineslCode Summary and Recommendation • Building Codes Have Changed • Probability of a Major Quake is Low • Potential Exists for Significant Damage to HOB and 4737 Imhoff Place • District is Not Under Any Mandate to Upgrade • Study Results Will Help Staff /Board Make Right Decisions • Staff Recommends Approval of Additional Studies Questions ?? Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2008 No.: 11.a. Treatment Plant Type of Action: AUTHORIZE PURCHASE Subject: AUTHORIZE THE GENERAL MANAGER TO PREPURCHASE NATURAL GAS THROUGH A SERVICE AGREEMENT WITH SHELL ENERGY NORTH AMERICA, LP (FORMERLY CORAL ENERGY RESOURCES), FOR THE PERIOD OF JUNE 1, 2008, THROUGH DECEMBER 31, 2009, AT A PRICE NOT TO EXCEED $12 PER DECATHERM Submitted By David Reindl, Initiating Dept /Div. Senior Engineer Plant Operations / Maintenance Engineering REVIEWED AND RECOMMENDED FOR BOARD ACTION: �4 D. Reindl Craig Ff. M graves ames M. K Ily, general Ma ager ISSUE: Board authorization is requested for the General Manager to prepurchase natural gas. RECOMMENDATION: Authorize the General Manager to prepurchase natural gas through a service agreement with Shell Energy North America, LP (Shell Energy), for the period of June 1, 2008, through December 31, 2009, at a price not to exceed $12 per decatherm. FINANCIAL IMPACTS: Purchasing natural gas each month at market price risks market price volatility and excessive District expenditures. Based on past experience, staff believes that prepurchasing natural gas can result in substantial cost savings. Over the past five years, the District has saved approximately $1.1 million by prepurchasing natural gas rather than buying on the spot market. The fiscal year 2008- 2009 budget for natural gas is $4,548,000. ALTERNATIVES /CONSIDERATIONS: The District could purchase all of our natural gas needs at the end of each month or other frequency at market price. The District could also buy less natural gas by purchasing electricity from Pacific Gas and Electric Company (PG &E). BACKGROUND: The District's approach to purchasing natural gas in recent years has been to prepurchase most of the required natural gas for the future six to twelve months during historic seasonal lows through a service agreement with Shell Energy. This approach has served the District well but depends on favorable buying opportunities and appropriate timing of natural gas prepurchases. In past years, the best time for N: \POSUP \Correspondence \Position Papers\2008 \Natural Gas Prepurchase.doc POSITION PAPER Board Meeting Date: June 5, 2008 Subject AUTHORIZE THE GENERAL MANAGER TO PREPURCHASE NATURAL GAS THROUGH A SERVICE AGREEMENT WITH SHELL ENERGY NORTH AMERICA, LP (FORMERLY CORAL ENERGY RESOURCES), FOR THE PERIOD OF JUNE 1, 2008, THROUGH DECEMBER 31, 2009, AT A PRICE NOT TO EXCEED $12 PER DECATHERM prepurchase has been between December and March and between September and October. Staff proposes to monitor the market conditions and purchase gas during these seasonal weaknesses in the market. Seasonal weaknesses include temporary periods of excess supply and projections for warmer - than - expected winter weather. As is evident from this past year, there is no assurance that seasonal market weakness will occur. In February 2007, the Board of Directors authorized the prepurchase of natural gas through December 2008, for up to $10 per decatherm. Staff has prepurchased natural gas through June 2008 and is currently monitoring natural gas prices for the second half of 2008. In December 2007, the District had an opportunity to prepurchase gas for the second half of 2008 at a price of approximately $8.50 per decatherm. At the time, the District's gas consultant, Mr. Cameron Raether of Valtech, believed that the market would soften and a better buying opportunity would occur. Unfortunately, gas prices have continued to increase to nearly $12 per decatherm. With this authorization, staff would extend its focus on buying opportunities through December 2009. The District uses approximately 420,000 decatherms of natural gas annually for the treatment plant's cogeneration system and as a backup fuel to landfill gas used in the multiple -hearth furnaces and auxiliary steam boilers. The cogeneration plant uses approximately 95 percent of the natural gas and can provide a cost advantage over the purchase of PG &E electrical power, as long as the natural gas price remains less than $10 per decatherm in the winter and less than $12 per decatherm during the summer. Operating the cogeneration system beyond these gas prices is not cost - effective, but further consideration should be given to the additional reliability provided by the cogeneration system in case of a PG &E power failure. Under this authorization, staff will not prepurchase natural gas above a Nymex price of $12 per decatherm. Staff seeks Board authorization to allow the General Manager to prepurchase natural gas for the period of June 1, 2008, through December 31, 2009, with the expectation of purchasing gas during periods of market softness. The General Manager will keep the Board apprised of natural gas purchases. RECOMMENDED BOARD ACTION: Authorize the General Manager to prepurchase natural gas through a service agreement with Shell Energy North America, LP, for the period of June 1, 2008, through December 31, 2009, at a price not to exceed $12 per decatherm. N: \POSUP \Correspondence \Position Papers\2008 \Natural Gas Prepurchase.doc 11.a NATURAL GAS Board Meeting Douglas J. Craig June 5, 2008 NATURAL GAS USE ❑ 420,000 decatherms (dt) per year ❑ 2008/2009 Budget - $4,548,000 ❑ 8.2 percent of District Budget COGENERATION SYSTEM ❑ 95 percent of natural gas (NG) use ❑ 90 percent of treatment plant electrical power ❑ 40 -50 percent of treatment plant steam II�III ; NATURAL GAS PURCHASES ❑ 87 percent of NG purchased through June 2008 ❑ No gas pre - purchased in Fiscal Year 2008- 2009 ❑ No recent buying opportunities ❑ Next day price - $12.00 + /dt 2 PAST PURCHASE PRICES Historic Natural Gas Sumer Tip Price per FY 41200 _._. ___. _. $1090 $10.50 % $9.00 48.88 Aolectec Ea 28 47.58 47.50 _ $7.50 $731 EB 10 s $800 9 S4.31 $4 05 B $4.50 - ... E $300 Q$150 $0.00 .__. ._._.. _.__.._... ..... __. _i FY 00-01 FY 01 -02 FY 02 -03 FY 03-04 FY 04 -05 FY 05 -08 FY 06-07 FY 07 -08 FY 0 &09 Fiscal Year (FY) VIII;; COGENERATION VS. PG &E ❑ Cogeneration has a cost advantage in summer when gas is less than $12 /dt winter when gas is less than $10 /dt ❑ PG &E prices may also increase ❑ Cogeneration has additional value for reliability 3 ����IIIII REASONS FOR HIGH GAS PRICES ❑ Greater global demand ❑ Weak U.S. dollar ❑ Low liquified natural gas (LNG) imports ❑ Weather STATUS OF LNG ❑ Predicted to stabilize U.S. gas prices ❑ Opposite effect — opened market for competition ❑ Current world market price $15- $20 /dt ❑ U.S. LNG imports down more than 50 percent from last year 4 SUMMARY ❑ Gas prices likely to remain high ❑ Staff will monitor for buying opportunities ❑ If gas prices spike, a cogeneration shutdown may be necessary i IIIIII RECOMMENDATIONS ❑ Authorize General Manager to pre - purchase NG through a service agreement with Shell Energy for the period of June 1, 2008 through December 31, 2009, at a price not to exceed $12 per decatherm. 5