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HomeMy WebLinkAbout6/19/2008 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 19, 2008 No.: 3.c. Consent Calendar Type of Action: ADOPT RESOLUTIONS Subject: ADOPT RESOLUTIONS ACCEPTING A GRANT OF EASEMENT (JOB 5972 — PARCEL 1 *) AND AUTHORIZING EXECUTION OF A QUITCLAIM DEED TO WALNUT CREEK SCHOOL DISTRICT (JOB 1554— PARCELS 44A* AND 70 *) Submitted By: Initiating Dept /Div.: Stephanie Gronlund, Associate Engineer Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: t. Gronlund J. iyamoto -Mills C. Swanson A. Farrell James M Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept or quitclaim easements and to record the documents. RECOMMENDATION: Adopt resolutions accepting a grant of easement and authorizing execution of a quitclaim deed and authorizing staff to record the documents with the Contra Costa County Recorder. FINANCIAL IMPACTS: Just compensation of $85,800 to the Walnut Creek School District determined from an independent appraisal by a state - certified appraiser. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: Walnut Creek Sewer Renovations, Phase 6 (District Project 5972) will be constructed between June and December 2008. Work will be done in streets and easements. One the affected areas is Buena Vista Elementary School which is part of the Walnut Creek School District (WCSD). The school is located south of Alvarado Avenue and east of Buena Vista Avenue as shown on Attachment 1. Although there is an existing five -foot (5) wide sewer easement within the school property, staff determined that upgrading to a minimum ten -foot (10') easement width would provide better maintenance access and protection of the sewer pipeline. Staff discussed the easement exchange with WCSD staff, and on April 14, 2008, the WCSD Board approved the terms of the Easement Purchase Agreement and authorized execution of a grant of easement to CCCSD. RECOMMENDED BOARD ACTION: Adopt resolutions accepting a grant of easement and authorizing the President of the Board of Directors and the Secretary of the District to execute a Quitclaim Deed to the Walnut Creek School District, and authorizing staff to record the documents with the Contra Costa County Recorder. *Easement parcel numbers are for internal job log use only. N: \ENVRSEC \Position Papers \Gronlund\2008 \PP GOE Walnut Creek School Dist 6- 19- 08.doc THIRD m 0 0 a _1 N v 'u E H LOCATION MAP E N.T.S. Central Contra Costa Sanitary District V s AVE LUIS AVE 2 "— Y'�""IuU I AVE SE z \IT � 680 � f z BUENA VISTA ELEMENTARY SCHOOL Attachment WALNUT CREEK SCHOOL DISTRICT NEW EASEMENT AND QUITCLAIM EXISTING 1 EASEMENT Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 19, 2008 No.: 3.d. Consent Calendar Type of Action: ADOPT RESOLUTIONS Subject: ADOPT RESOLUTIONS ACCEPTING A GRANT OF EASEMENT (JOB 6427 — PARCEL 3 *), AND AUTHORIZING EXECUTION OF A QUITCLAIM DEED TO JEROME K. MAYNARD AND KARYN L. MAYNARD (JOB 4852 — PARCEL 1 *) Submitted By: Initiating Dept /Div.: Stephanie Gronlund, Associate Engineer Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: \0-Vd-" NA V 'W'lev S. ronlund J. Mi moto -Mills . Swanson A. Farrell 4mes M. Velly eneral M ager ISSUE: A resolution of the Board of Directors is required to accept or quitclaim easements and to record the documents. RECOMMENDATION: Adopt resolutions accepting a grant of easement and authorizing execution of a quitclaim deed and authorizing staff to record the documents with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: Jerome K. Maynard and Karyn L. Maynard, real property owners of 3628 Brook Street, Lafayette (south of Mount Diablo Boulevard and west of Moraga Road as depicted on the Location Map of Attachment 1), have been cooperating with the District to relocate and formalize the location of the public sewer on their property so as to alleviate any encroachment issues and accurately reflect the record description of the easement with the actual location of the sewer pipeline in the ground. The property owners agreed to grant a new easement to the District in exchange for a quitclaim of the existing easement, which will accurately reflect the location of the sewer pipeline. RECOMMENDED BOARD ACTION: Adopt resolutions accepting a grant of easement and authorizing the President of the Board of Directors and the Secretary of the District to execute a Quitclaim Deed to Jerome K. Maynard and Karyn L. Maynard, and authorizing staff to record the documents with the Contra Costa County Recorder. *Easement parcel numbers are for internal job log use only. WENVRSEMPosition Papers \Gronlund\2008 \PP GOE Maynard 6- 19- 08.doc y,I ppY � JO c� e d LOCATION MAP N N.T.S. Y Central Contra Costa 3 Sanitary District 9yk M 24 B4 I/O L 0 SITE,--.-O CT of 9 3628 BROOK STREET NEW EASEMENT AND QUITCLAIM EXISTING EASEMENT BLVD ST \ggys Attachment 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date June 19, 2008 Type of Action: ADOPT RESOLUTIONS No.: 3.e. Consent Calendar subject: ADOPT RESOLUTIONS AUTHORIZING EXECUTION AND RECORDING OF QUITCLAIM DEEDS TO LINDA B. INGHAM AND JAMES R. BRIDGES (JOB 2905 — PARCEL 2 AND JOB 3411 — PARCEL 2, HAPPY VALLEY ROAD, LAFAYETTE) Submitted By: Initiating Dept /Div.: Jarred Miyamoto - Mills, Principal Engineer Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION. J. Miyamoto -Mills C. Swanson A' P en Welly eneral M ager ISSUE: A resolution of the Board of Directors is required to quitclaim easements and record documents. RECOMMENDATION: Adopt resolutions authorizing execution and recording of two Quitclaim Deeds. FINANCIAL IMPACTS: None: The easements to be quitclaimed were exchanged for a new relocated easement. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: Linda B. Ingham and James R. Bridges, property owners of 3960 and 3972 Happy Valley Road, Lafayette, cooperated with the District to confirm the actual location of the public sewer on their properties. The sewer was determined to be outside of the recorded easements. Ms. Ingham and Mr. Bridges each executed a new easement deed over the actual location of the sewer pipeline on their respective properties, and the Board accepted the replacement easements on February 7, 2008. The property owners agreed to grant the new easement in exchange for the District quitclaiming the original easements. The Board also approved quitclaim deeds for the original easements on February 7, 2008, however staff has determined that errors in the legal descriptions for the deeds necessitate the recording of new documents. See Attachment 1 for general location of easements. RECOMMENDED BOARD ACTION: Adopt resolutions authorizing the President of the Board of Directors and the Secretary of the District to execute Quitclaim Deeds to Linda B. Ingham and James R. Bridges, and authorizing staff to record of the documents with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Miyamoto- Mills\2008 \PP Adopt Res QC Ingham & Bridges 6- 19- 08.doc SITE ti�9ppy v �0 �O D Q� SOS r < ARABIS VIA 4 <F p �Q MT 24 p %quo g�.`�� Mp,RIPOSA RD s Q J ��- ZF LAFA YETTE .o V V M 1 C) O OI N E N E / E ot o LOCATION MAP n q E N.T.S. 0 Y Central Contra Costa Sanitary District QUITCLAIM EASEMENTS Attachment 65 co C. AW& I ' JOB 2905 — PARCEL 2 1 D JOB 3411 — PARCEL 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 19, 2008 No.: 3.f. Consent Calendar Type of Action: INFORMATIONAL subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE NORTH ORINDA SEWER RENOVATIONS, PHASE 3, DISTRICT PROJECT 5963 Submitted By: Initiating Dept. /Div.: Munawar Husain, Associate Engineer Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: JLA�, M. Husain M. Penny ecki A. Farrell JMlg:l�y_ , ne er ISSUE: All work has been completed on the North Orinda Sewer Renovations, Phase 3, District Project 5963, and this project can now be closed out. RECOMMENDATION: Closeout the project. FINANCIAL IMPACTS: This closeout will result in approximately $36,500 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 of approximately 6,300 feet of 6- through 15 -inch sanitary sewer by open -cut and pipe -burst methods in easements, public right -of -ways, and private streets in North Orinda. The location map is shown on Attachment 2. On July 5, 2007, the Board of Directors authorized the award of a construction contract for this work to Pacific Trenchless. The Contractor was issued a Notice to Proceed that was effective August 10, 2007, with a completion date of February 25, 2008. The project was accepted by the Board on February 3, 2008. The original construction contract amount was $944,720. There were three (3) construction change orders issued in the total amount of $130,201. The Board of Directors was requested to authorize one of the change orders in the amount of $58,635 for the cost of replacement of 505 feet of 6 -inch clay pipe at the foot of El Toyonal and Camino Pablo Road due to the high potential for a sewer overflow. The total amount paid to the Contractor was $1,074,921. N: \PESUP \Cbradley \Position Papers \Husain15963 Closeout PP.doc Page 1 of 4 POSITION PAPER Board Meeting Date: June 19, 2008 subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE NORTH ORINDA SEWER RENOVATIONS, PHASE 3, DISTRICT PROJECT 5963 The total authorized budget for the project was $1,439,000, which included a contingency of $142,280. The total project cost was $1,402,500, which is approximately 2.5 percent less than the budgeted amount. The project closeout will result in $36,500 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\Cbradley \Position Papers \Husain \5963 Closeout PP.doc Page 2 of 4 ATTACHMENT 1 EXPENDITURE SUMMARY NORTH ORINDA SEWER RENOVATIONS, PHASE 3 DISTRICT PROJECT 5963 ACTIVITY COST Total Budget $1,439,000 Construction Contract $944,720 Change Orders $130,201 Change Order % of Construction 13.8% Total Construction Amount $1,074,921 Right of Way $2,367 Right of Way - % of Construction 0.2% Engineering, Design, CM, Admin. $325,212 Engineering, Design, CM, Admin. - % of Construction 30.3% TOTAL PROJECT EXPENDITURES $1,402,500 ESTIMATED FINAL RETURN TO COLLECTION SYSTEM PROGRAM $36,500 NAPESUP \Cbradley \Position Papers \Husain \5963 Closeout PP.doc Page 3 of 4 Y Central Contra Costa Sanitary District NORTH ORINDA SEWER RENOVATIONS PHASE 3 - CCCSD No. 5963 LOCATION MAP Page 4 of 4 Drawing No. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 19, 2008 No.: 3.g. Consent Calendar Type of Action: INFORMATIONAL subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE PLANT OPERATIONS BUILDING HVAC IMPROVEMENTS PROJECT, DISTRICT PROJECT 7228 Submitted By: Initiating Dept/Div.: Munawar Husain, Associate Engineer Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: . A. CGl,9t �41zg M. Husain A. Antkowiak cki A. Farrell 1 mes M. K ly, eneral Ma ager ISSUE: All work has been completed on the Plant Operations Building heating, ventilation, and air conditioning (HVAC) Improvements, District Project 7228, and this project can now be closed out. RECOMMENDATION: Close out the project. FINANCIAL IMPACTS: This closeout will result in approximately $0 being returned to the Treatment Plant Program. Attachment 1 shows the project expenditures by category. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The project work included electrical /HVAC demolition, duct cleaning, providing and installing a two -stage absorption chiller system with pumps, variable frequency drives (VFDs), piping, replacing and installing new variable volume air terminal units (VAVs) with reheat, direct digital control (DDC) controls and energy management system, air handlers, new roofing on the Board Room, fire suppression, and asbestos abatement work in the Plant Operations Building. On July 20, 2006, the Board of Directors authorized the award of a construction contract for this work to Bell Products, Inc. The Contractor was issued a Notice to Proceed that was effective September 18, 2006, with a completion date of April 16, 2007. The project was accepted by the Board on November 1, 2007. The original construction contract amount was $1,403,206. There were eight (8) construction change orders issued in the total amount of $323,999. At the April 5, 2007 Board meeting, the Board of Directors authorized the General Manager to execute a change order in an amount not to exceed $240,000 for asbestos abatement work. The asbestos abatement change order work was settled with the contractor at $234,468. The total amount paid to the Contractor was $1,727,205. N: \PESUP \Position Papers \HUSAIN \7228 Closeout PP.doc Page 1 of 4 POSITION PAPER Board Meeting Date: June 19, 2008 subject. ADVISE THE BOARD OF THE CLOSEOUT OF THE PLANT OPERATIONS BUILDING HVAC IMPROVEMENTS PROJECT, DISTRICT PROJECT 7228 The total authorized budget for the project was $2,118,332, which included a contingency of $140,511. The total project cost was $2,118,332, which is the same as the budgeted amount. The project closeout will result in $0 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 \HUSAIN \7228 Closeout PP.doc Page 2 of 4 ATTACHMENT 1 EXPENDITURE SUMMARY PLANT OPERATIONS BUILDING HVAC IMPROVEMENTS DISTRICT PROJECT 7228 ACTIVITY COST Total Budget $2,118,332 Construction Contract $1,403,206 Change Orders $323,999 Change Order % of Construction 23% Total Construction Amount $1,727,205 Engineering, Design, CM, Admin. $391,127 Engineering, Design, CM, Admin. - % of Construction 22.6% TOTAL PROJECT EXPENDITURES $2,118,332 ESTIMATED FINAL REFUND TO TREATMENT PLANT PROGRAM $0 NAPESUP \Position Papers \HUSAIN \7228 Closeout PP.doc Page 3 of 4 m �Ip N i o ,50 �_ 3W FEET i Central Contra Costa HEADQUARTERS OFFICE BUILDING HVAC IMPROVEMENTS & Sanitary District ROOF REPLACEMENT, District Project 8205 AND TREATMENT PLANT HVAC IMPROVEMENTS, District Project 7228 Project Location �H Attachment 2 Page 4 of 4 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 19, 2008 No.: 3.h. Consent Calendar Type of Action: INFORMATIONAL Subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE HEADQUARTERS OFFICE BUILDING HVAC IMPROVEMENTS AND ROOF REPLACEMENT PROJECT, DISTRICT PROJECT 8205 Submitted By: Initiating DeptJDiv.: Munawar Husain, Associate Engineer Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: A. A �, ,4A r.-I /r 04— 4AA M. Husain A. Antkowiak i A. Farrell ames M. elly, eneral Manager ISSUE: All work has been completed on the Headquarters Office Building heating, ventilation and air conditioning (HVAC) Improvements and Roof Replacement, District Project 8205, and this project can now be closed out. RECOMMENDATION: Close out the project. FINANCIAL IMPACTS: This closeout will result in approximately $40,000 being returned to the General Improvement Program. Attachment 1 shows the project expenditures by category. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The project work included electrical /HVAC demolition, removal and disposal of asbestos - containing material (ACM) roofing, duct cleaning, providing and installing a 125 -ton air cooled chiller with pumps, variable frequency drives (VFDs), piping, boiler replacement, replacing and installing new variable volume air terminal units (VAVs) with reheat, direct digital control (DDC) controls and energy management system, air handlers, new roofing on the HOB, office remodeling and weatherproofing the HOB exterior walls. On July 20, 2006, the Board of Directors authorized the award of a construction contract for this work to Bell Products, Inc. The Contractor was issued a Notice to Proceed that was effective September 18, 2006, with a completion date of April 16, 2007. The project was accepted by the Board on November 1, 2007. The original construction contract amount was $2,289,974. There were nine (9) construction change orders issued in the total amount of $141,884. The total amount paid to Contractor was $2,431,858. N: \PESUP \Position Papers \HUSAIN \8205 Closeout.doc Page 1 of 4 POSITION PAPER Board Meeting Date: June 19, 2008 subject ADVISE THE BOARD OF THE CLOSEOUT OF THE HEADQUARTERS OFFICE BUILDING HVAC IMPROVEMENTS AND ROOF REPLACEMENT PROJECT, DISTRICT PROJECT 8205 The total authorized budget for the project was $3,581,068, which included a contingency of $229,309. The total project cost was $3,541,156, which is approximately one percent less than the budgeted amount. The project closeout will result in $39,912 being returned to the General Improvement 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 \8205 Closeout.doc Page 2 of 4 ATTACHMENT 1 EXPENDITURE SUMMARY HEADQUARTERS OFFICE BUILDING HVAC IMPROVEMENTS AND ROOF REPLACEMENT PROJECT DISTRICT PROJECT 8205 ACTIVITY COST Total Budget $3,581,068 Construction Contract $2,289,974 Change Orders $141,884 Change Order % of Construction 6% Total Construction Amount $2,431,858 Engineering, Design, CM, Admin. $1,109,298 Engineering, Design, CM, Admin. - % of Construction 45.6% TOTAL PROJECT EXPENDITURES $3,541,156 ESTIMATED FINAL REFUND TO GENERAL IMPROVEMENT PROGRAM $39,912 NAPESUP \Position Papers \HUSAIN \8205 Closeout.doc Page 3 of 4 N (D G V A 7 J D 4 Central Contra Costa Sanitary District HEADQUARTERS OFFICE BUILDING HVAC IMPROVEMENTS & Attachment ROOF REPLACEMENT, District Project 8205 AND TREATMENT PLANT HVAC IMPROVEMENTS, 2 District Project 7228 Project Location Page 4 of 4 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 19, 2008 Type of Action: BUDGET ADOPTION No.: 3.i. Consent Calendar subject: APPROVE A RESOLUTION TO ADOPT THE FY 2008 -2009 STAFFING PLAN, AND THE EQUIPMENT, CAPITAL IMPROVEMENT, OPERATIONS AND MAINTENANCE, DEBT SERVICE, AND SELF - INSURANCE FUND BUDGETS AS COMPRISING THE FY 2008 -2009 DISTRICT BUDGET Submitted By: Debbie Ratcliff Initiating Dept. /Div.: Administrative /Finance & Accounting REVIEWED AND RECOMMENDED FOR BOARD ACTION: D. Ratcliff . Mr graves James M. Velly General Manager ISSUE: The FY 2008 -2009 Staffing Plan, Equipment, Capital Improvement, Operations and Maintenance, Debt Service, and Self- Insurance Fund Budgets are submitted for adoption by the Board of Directors. RECOMMENDATION: Approve a resolution to adopt the FY 2008 -2009 Staffing Plan, Equipment, Capital Improvement, Operations and Maintenance, Debt Service, and Self - Insurance Fund Budgets, as comprising the FY 2008 -2009 Central Contra Costa Sanitary District Budget. FINANCIAL IMPACTS: The approved FY 2008 -2009 District budgets are based on a $11 rate increase in the Sewer Service Charge, an $850,000 allocation to the Self - Insurance Fund (SIF), a reduction in reserves of approximately $2 million, total District revenue of approximately $100 million and total District expenses of approximately $102 million. This position paper requests approval of a resolution adopting the FY 2008 -2009 District budgets and Staffing Plan incorporating the Sewer Service Charge increase and allocation to the SIF approved by the Board at the June 5th Board meeting. ALTERNATIVES /CONSIDERATIONS: Various considerations were discussed with the Board at both the January 2008 Financial Planning workshop and at the Budget workshop on May 15, 2008. BACKGROUND: The FY 2008 -2009 Operations and Maintenance, Debt Service, and Self- Insurance Fund Budgets and the Sewer Service Charge were approved by the Board of Directors on June 5, 2008. The Staffing Plan was approved on April 3, 2008. The Capital Improvement Budget, Equipment Budget, and the Ten year Capital Improvement Plan were approved at the May 15, 2008, Board Meeting. The Ten -year Capital Improvement Plan is a planning tool. The Board has not voted to increase N:\ADMINSUP\ADMIN \POSPAPER \Budget Adoption 06- 19- 08.doc Page 1 of 2 POSITION PAPER Board Meeting Date: June 19, 2008 Subject APPROVE A RESOLUTION TO ADOPT THE FY 2008 -2009 STAFFING PLAN, AND THE EQUIPMENT, CAPITAL IMPROVEMENT, OPERATIONS AND MAINTENANCE, DEBT SERVICE, AND SELF - INSURANCE FUND BUDGETS AS COMPRISING THE FY 2008 -2009 DISTRICT BUDGET revenues to fund the CIB. The plan is funded on a year -by -year basis when the Capital Improvement Budget is formally authorized each year. A copy of the resolution adopting the FY 2008 -2009 Staffing Plan, Equipment, Capital Improvement, Operations and Maintenance, Debt Service, and Self- Insurance Fund Budgets is attached. RECOMMENDED BOARD ACTION: Approve a resolution to adopt the FY 2008 -2009 Staffing Plan, Equipment, Capital Improvement, Operations and Maintenance, Debt Service, and Self- Insurance Fund Budgets, as comprising the FY 2008 -2009 Central Contra Costa Sanitary District Budget. N:\ADMINSUP\ADMIN \POSPAPER \Budget Adoption 06- 19- 08.doc Page 2 of 2 RESOLUTION NO. 2008- A RESOLUTION ADOPTING THE FY 2008 -2009 CENTRAL CONTRA COSTA SANITARY DISTRICT BUDGET The District Board of the Central Contra Costa Sanitary District does hereby resolve as follows: THAT, the FY 2008 -2009 Central Contra Costa Sanitary District Budget, consisting of the Staffing Plan, Equipment Budget, Capital Improvement Budget, Operations and Maintenance Budget, Debt Service Budget, and Self- Insurance Fund Budget, be adopted; and THAT, payment from the Running Expense Fund to provide funding for the District's Self- Insurance Fund for FY 2008 -2009 would be required in the amount of $850,000. PASSED AND ADOPTED this 19th 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: 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 District Counsel N:\ADMINSUP\ADMIN \RATCLIFF \Resolution - Budget Adoption 6- 19- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 19, 2008 No.: 3.j. Consent Calendar Type of Action: SET DATE FOR PUBLIC HEARING subject: ESTABLISH JULY 17, 2008 AS THE DATE FOR A PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD CONNECT TO JOB 5177 (DANVILLE BOULEVARD, ALAMO), JOB 6421 (AMBERWOOD LANE, WALNUT CREEK), AND JOB 6435 (RAMON COURT, DANVILLE) Submitted By: Initiating Dept /Div.: Earlene Millier, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: E. Mlllier K. Darner C. Swanson A. Farrell 0arnes M. elly eneral 4nager ISSUE: When a Reimbursement Fee is proposed for properties that could connect to a Special Facility or a Standard Facility installed by private individuals, the District Code requires a public hearing be held prior to the Board of Directors' adoption of the fee. RECOMMENDATION: Establish the Board's regularly scheduled meeting on July 17, 2008, as the date for a public hearing to receive comments on proposed Reimbursement Fees for properties which could connect to the Special Facilities identified as Job 5177 (Danville Boulevard, Alamo), the Standard Facilities identified as Job 6421 (Amberwood Lane, Walnut Creek), and to the Standard Facilities identified as Job 6435 (Ramon Court, Danville) FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: Not Applicable. BACKGROUND: The design and construction of Special Facilities for Job 5177, and the Standard Facilities for Job 6421 and Job 6435 were paid for by private individuals. After a project is completed by the installer and accepted by the District, the installer contributes the project to the District for public use. Non - installer properties may connect to the contributed public sewers. The District Code provides for a Reimbursement Fee to the installer, so that the installer may recover a portion of the cost for the contributed facility. The proposed Reimbursement Fees would be collected from property owners when they connect to the sewer system. The collected fees would then be disbursed to the installers of the projects. N: \ENVRSEC \Position Papers \Millier\2008 \PP Set Hearing Reimb Fees 5177, 6421, 6435 6- 19- 08.doc POSITION PAPER Board Meeting Date: June 19, 2008 subject: ESTABLISH JULY 17, 2008 AS THE DATE FOR A PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD CONNECT TO JOB 5177 (DANVILLE BOULEVARD, ALAMO), JOB 6421 (AMBERWOOD LANE, WALNUT CREEK), AND JOB 6435 (RAMON COURT, DANVILLE) The District Code requires that a notice of public hearing be mailed to owners of properties to which the fee could be applicable at least ten days in advance of the date set for the hearing. The notice is to include a general description of the reimbursement fee program, a description of the facility which gives rise to the proposed fee, and the amount of the proposed fee. RECOMMENDED BOARD ACTION: Establish the Board's regularly scheduled meeting on July 17, 2008 as the date for a public hearing to receive comments on proposed Reimbursement Fees for properties which could connect to the Special Facilities and the Standard Facilities identified above. N: \ENVRSEC \Position Papers \Mi11ier\2008 \PP Set Hearing Reimb Fees 5177, 6421, 6435 6- 19- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 19, 2008 No.: 3.k. Consent Calendar Type of Action: SET DATE FOR PUBLIC HEARING subject: FIRST READING OF THE TITLE OF ORDINANCE NO. 252, ENTITLED "AN ORDINANCE MODIFYING TITLES 1, 2, 5, 6, 9, 10 AND 11, AND ADOPTING TITLE 7, OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CODE," THAT ADOPTS REVISIONS TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT CODE, AND SETTING A PUBLIC HEARING TO RECEIVE PUBLIC INPUT AND CONSIDER THE ADOPTION OF THAT ORDINANCE Submitted By: Kenton L. Alm Initiating Dept. /Div.: Administration Counsel for the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: l 0 ISSUE: The Board is required to perform a first reading of the title of an ordinance that adopts a recodification of the ordinances forming the District Code, and thereafter set the date for a public hearing to receive public input on and consider adoption of such an ordinance. RECOMMENDATION: Perform a first reading of the title of proposed Ordinance No. 252, entitled "An Ordinance Modifying Titles 1, 2, 5, 6, 9, 10 and 11, and Adopting Title 7, of the Central Contra Costa Sanitary District Code," and set a public hearing for July 17, 2008 at 2:00 p.m. to receive public input on and consider adoption of Ordinance No. 252. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: The Board may decide it does not wish to consider adoption of the recodification of the District Code at this time. BACKGROUND: The District has been in the process of updating numerous provisions within Titles 1, 2, 5, 6, 9, 10 and 11 of the District Code for several years. The District Board and ad -hoc committee have had multiple opportunities to review and provide comments on the draft versions of the modified District Code. Pursuant to Health and Safety Code section 6491.2, and Government Code sections 50022.1 through 50022.8, the District may adopt a primary code by reference, or recodify existing ordinances, by following certain procedures. These procedures include a first reading of the title of the ordinance and a subsequent public hearing. A copy of the District's Code must be on file with the District Secretary POSITION PAPER Board Meeting Date: June 19, 2008 Subject. FIRST READING OF THE TITLE OF ORDINANCE NO. 252, ENTITLED "AN ORDINANCE MODIFYING TITLES 1, 2, 5, 6, 9, 10 AND 11, AND ADOPTING TITLE 7, OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CODE," THAT ADOPTS REVISIONS TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT CODE, AND SETTING A PUBLIC HEARING TO RECEIVE PUBLIC INPUT AND CONSIDER THE ADOPTION OF THAT ORDINANCE at least 15 days in advance of the public hearing. Notice of the hearing must be published pursuant to Government Code section 6066, must contain the time and place of the hearing, and state that copies of the proposed Code are available for inspection at the office of the District Secretary. RECOMMENDED BOARD ACTION: Perform a first reading of the title of proposed Ordinance No. 252, entitled "An Ordinance Modifying Titles 1, 2, 5, 6, 9, 10 and 11, and Adopting Title 7, of the Central Contra Costa Sanitary District Code," and set a public hearing for July 17, 2008 at 2:00 p.m. to receive public input on and consider adoption of Ordinance No. 252. 1107285.1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 1q, 2008 No.: 3.1. Consent Calendar Type of Action: Human Resources Subject: AUTHORIZE EXTENSION OF MEDICAL LEAVE OF ABSENCE WITHOUT PAY FOR UTLITY WORKER MARALEE DAVI THROUGH SEPTEMBER 5, 2008 Submitted By: Douglas J. Craig, Initiating Dept /Div.: Plant Operations Director of Operations REVIEWED AND RECOMMENDED FOR BOARD ACTION: Nc-,- dA5� � /�ZA Craig C. Freitas James M elly, General nager ISSUE: Board of Directors' authorization is required for a medical leave of absence without pay in excess of 30 days. RECOMMENDATION: Authorize extension of medical leave of absence without pay for Utility Worker Maralee Davi. FINANCIAL IMPACTS: Minimal ALTERNATIVES /CONSIDERATIONS: Deny extension of medical leave of absence without pay. BACKGROUND: Utility Worker Maralee Davi has been off of work since August 1, 2007, due to a medical condition. The Board previously approved a medical leave of absence without pay for Ms. Davi through June 5, 2008. We request an extension of medical leave of absence without pay through September 5, 2008. Upon receipt of the next doctor's verification, Ms. Davi's status will be reviewed, and further Board action will be requested if appropriate. RECOMMENDED BOARD ACTION: Authorize extension of medical leave of absence without pay for Utility Worker Maralee Davi through September 5, 2008. N: \POSUP \Correspondence \Position Papers\2008 \Davi Leave of Absence Ext to Aug 2008.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 19, 2008 No.: 3.m. Consent Calendar Type or Action: HUMAN RESOURCES Subject: AUTHORIZE MEDICAL LEAVE OF ABSENCE WITHOUT PAY FOR JOHN CENSOPLANO, NETWORK COORDINATOR Submitted By: Initiating DeptJDiv.: Deborah Ratcliff, Controller Administration /Accounting & Information Technology Division REVIEWED AND RECOMMENDED FOR BOARD ACTION: D. Ratcl . M graves . Freitas —LGam–es M. Kelly, eneral Manager ISSUE: The Board of Directors' authorization is required for leave without pay in excess of 30 days. RECOMMENDATION: Authorize medical leave of absence without pay for John Censoplano, Network Coordinator, through July 14, 2008. FINANCIAL IMPACTS: Salary of agency temporary for duration of leave. ALTERNATIVES /CONSIDERATIONS: Deny medical leave of absence without pay. BACKGROUND: John Censoplano, Network Coordinator, has been on an approved medical leave for his own serious health condition since February 25, 2008. He is ineligible for Family and Medical Leave as he exhausted the twelve weeks of Family and Medical Leave in 2007. It is anticipated that he will be off work through July 14, 2008. Since this request exceeds the thirty working days that the Department Director and General Manager may approve, Board of Directors' authorization is required. RECOMMENDED BOARD ACTION: Authorize medical leave of absence without pay for John Censoplano, Network Coordinator, through July 14, 2008. N:\ ADMINSUP \ADMIN \POSPAPER\Authorize Medical Leave - John Censoplano 06- 19- 08.doc 4.a. Hearings CENTRAL CONTRA COSTA SANITARY DISTRICT PUBLIC HEARING TO RECEIVE COMMENTS ON PLACING THE FISCAL YEAR 2008 -09 CAPACITY USE CHARGES, 2008 -09 ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS, AND 2008 DELINQUENT CHARGES ON THE CONTRA COSTA COUNTY PROPERTY TAX ROLL SUGGESTED AGENDA JUNE 19, 2008 1. Request staff report. 2. Public hearing on Placing Fiscal Year 2008 -09 Capacity Use Charges, 2008 -09 Assessments for Contractual Assessment Districts, and 2008 Delinquent Charges on the Contra Costa County Tax Roll: A. Open public hearing B. Receive public comment C. Close public hearing 3. Consider adoption of resolution directing that the 2008 -09 capacity use charges, the 2008 -09 assessments for contractual assessment districts, and 2008 delinquent charges be collected on the Contra Costa County tax roll. NAENVRSEC \Position Papers \Millier\2008Wgenda Public Hearing 2008 -9 Cap Fee Chges etc 6- 19- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER im- Board Meeting Date: June 19, 2008 No.: 4.a. Hearings Type of Action: ADOPT RESOLUTION subject. ADOPT A RESOLUTION DIRECTING THAT THE 2008 -09 CAPACITY USE CHARGES, 2008 -09 ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS, AND DELINQUENT CHARGES BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL Submitted By: Initiating Dept /Div.: Earlene Millier, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: c t"'I y 6 E. Millier K. Darner C. Swanson A. Farrell ames M. elly eneral Manager ISSUE: The Board of Directors' authorization by resolution is needed to place charges on the Contra Costa County tax roll. RECOMMENDATION: Adopt a resolution directing that the 2008 -09 Capacity Use Charges, the 2008 -09 assessments for the Contractual Assessment Districts, and delinquent charges be collected on the Contra Costa County tax roll. FINANCIAL IMPACTS: This action will provide for collection of approximately $149,000 in 2008 -09 charges from customers participating in the District's Capacity Use Program; approximately $322,000 in 2008 -09 assessments from properties that formed Contractual Assessment Districts; and approximately $15,000 in connection fees and capacity fees from properties that connected to the sanitary sewer without payment of fees or properties where there was a change in use without payment of additional capacity fees. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: Certain commercial tenants and commercial property owners have entered into written agreements to participate in the District's Capacity Use Program for payment of Capacity Fees over a fifteen -year period. These businesses are referenced in Exhibit "A" attached to the resolution. Property owners who have formed Contractual Assessment Districts have agreed to pay for sewer improvements over a ten -year period. These properties are referenced in Exhibit "B" attached to the resolution. Properties for which connection fees or additional capacity fees have not been paid and are delinquent are referenced in Exhibit "C" attached to the resolution. N: \ENVRSEC \Position Papers \Millier\2008 \PP Adopt Res Capacity Use Chges, CADs, Delinq on CCC Tax Roll 6- 19- 08.doc POSITION PAPER Board Meeting Date: June 19, 2008 subject: ADOPT A RESOLUTION DIRECTING THAT THE 2008 -09 CAPACITY USE CHARGES, 2008 -09 ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS, AND DELINQUENT CHARGES BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL Payments are to be collected by placing assessments on each property owner's tax bill. A resolution of the Board is needed to place Capacity Use Charges, assessments for Contractual Assessment Districts, and delinquent charges on the Contra Costa County tax roll. RECOMMENDED BOARD ACTION: Adopt a resolution directing that the 2008 -09 Capacity Use Charges, 2008 -09 assessments for Contractual Assessment Districts, and delinquent charges be collected on the Contra Costa County tax roll. N: \ENVRSEC \Position Papers \Millier\2008 \PP Adopt Res Capacity Use Chges, CADs, Delinq on CCC Tax Roll 6- 19- 08.doc RESOLUTION NO. A RESOLUTION DIRECTING THAT THE 2008 -09 CAPACITY USE PROGRAM CHARGES, THE 2008 -09 ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS, AND DELINQUENT CHARGES BE COLLECTED ON THE CONTRA COSTA COUNTY TAX ROLL WHEREAS, the Central Contra Costa Sanitary District (CCCSD) has entered into written agreements with certain commercial tenants and commercial property owners to participate in CCCSD's Capacity Use Program for payment of Capacity Fees; and WHEREAS, the commercial property owners have elected to pay the Capacity Use Program charges in annual installments over a period of fifteen years; and WHEREAS, the Central Contra Costa Sanitary District (CCCSD) has entered into written agreements with certain property owners who have formed Contractual Assessment Districts to pay for sewer improvements over a ten -year period; and WHEREAS, certain properties have been connected to the sanitary sewer without payment of appropriate connection fees or additional capacity fees due because of a change in use of a property already connected; and WHEREAS, the CCCSD Code provides that CCCSD may elect to collect current charges and delinquent charges on the tax roll as provided by Section 5470 and following, of the California Health and Safety Code; and WHEREAS, it is considered economical and efficient to collect the Capacity Use Program charges for the 2008 -09 fiscal year on the Contra Costa County tax roll; and WHEREAS, it is considered economical and efficient to collect the assessments for the Contractual Assessment Districts for the 2008 -09 fiscal year on the Contra Costa County tax roll; and WHEREAS, it is considered economical and efficient to collect delinquent charges on the Contra Costa County tax roll; NOW, therefore, be it resolved by the Board of Directors of the CCCSD that the 2008- 09 Capacity Use Program charges for the commercial tenants and commercial property owners as listed in Exhibit "A ", the 2008 -09 assessments for Contractual Assessment Districts as listed in Exhibit "B ", and delinquent charges as listed in Exhibit "C" attached hereto and by this reference made a part hereof, are to be collected on the Contra Costa County Tax Roll. N: \ENVRSEC \Position Papers \Mi11ier\2008 \Res Capacity Use Assessment Chges 6- 19- 08.doc Passed and adopted this 19th day of June 2008 by the CCCSD Board of Directors by the following vote: AYES: NOES: ABSENT: 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: \ENVRSEC \Position Papers \Millier\2008 \Res Capacity Use Assessment Chges 6- 19- 08.doc EXHIBIT A CAPACITY USE CUSTOMERS CUSTOMER NAME TACO BELL PHO HOA PHAT LOS PANCHOS RESTAURANT GOLDILOCKS RESTAURANT LITTLE DRAGON RESTAURANT FORTUNE CITY RESTAURANT MASSES EPHESUS KEBAB LOUNGE MCCOVEY'S RESTAURANT PYRAMID BREWING COMPANY VA DE VI BISTRO & WINE BAR XENIA RESTAURANT PETE'S BRASS RAIL MASALA INDIAN FUSION BIGHORN GRILL LOS PANCHOS RESTAURANT HOME FOR JEWISH PARENTS BO'S BARBEQUES @ THE FORGE NUMERO UNO TAQUERIA CHOW RESTAURANT PATISSERIE LAFAYETTE BURGER KING SPONGES CAR WASH CANYON VIEW DINING HALL TURQUOISE MEDITERRANEAN PAPAYA GRILL CHOW RESTAURANT AnnOCCC 1215 CONCORD AVE., CONCORD 508 CONTRA COSTA BLVD., PLEASANT HILL 5872 PACHECO BLVD., PACHECO 1050 CONTRA COSTA BLVD., CONCORD 270 GOLF CLUB ROAD, PLEASANT HILL 6660 ALHAMBRA AVE., MARTINEZ 2721 N. MAIN ST., WALNUT CREEK 1321 LOCUST ST., WALNUT CREEK 1444 N. CALIFORNIA BLVD., WALNUT CREEK 1410 CYPRESS ST., WALNUT CREEK 1511 MT. DIABLO BLVD., WALNUT CREEK 115 ALAMO PLAZA #A, ALAMO 201 HARTZ AVE., DANVILLE 499 SAN RAMON VALLEY BLVD., DANVILLE 2410 SAN RAMON VALLEY BLVD., SAN RAMON 3104 CROW CANYON PL., SAN RAMON 4000 CAMINO TASSAJARA, DANVILLE 3422 MT. DIABLO BLVD., LAFAYETTE 3616 MT. DIABLO BLVD., LAFAYETTE 53/55 LAFAYETTE CIRCLE, LAFAYETTE 31 LAFAYETTE CIRCLE, LAFAYETTE 470 MORAGA ROAD, LAFAYETTE 2061 CAMINO RAMON, SAN RAMON 680 BOLLINGER CANYON WAY, SAN RAMON 280 MARKETPLACE, SAN RAMON 70 MORAGA WAY, ORINDA 445 RAILROAD AVENUE, DANVILLE N: \SSC \Capacity Use \Ordinances\2008 Capacity Use Ordinance\Exhibit A - Capacity Use.doc Assessor's Parcel 162- 202 -004 -6 162- 202 -005 -3 162- 202 -027 -7 162- 230 -001 -8 162- 230 -002 -6 162- 242 -015 -4 Total 6 parc Assessor's Parcel 260 - 040 -005 -1 260- 050 -002 -5 260- 050 -003 -3 260- 071 -003 -8 260- 071 -004 -6 260- 072 -005 -2 260- 072 -006 -0 Total 7 parcels Assessor's Parcel 172- 061 -003 -7 172- 061 -010 -2 172- 061 -012 -8 172- 061 -013 -6 172- 061 -014 -4 172- 061 -021 -9 172- 061 -030 -0 172 - 061 -031 -8 172- 061 -032 -6 172- 061 -034 -2 Total 10 parcels (expires 2008 -09) Amount $1,134.76 $1,134.76 $937.40 $1,134.76 $1,134.76 $1,134.76 $6,611.20 (expires 2009 -10) Amount $2,159.68 $2,159.68 $2,159.68 $2,159.68 $2,159.68 $2,159.68 $2,159.68 $15,117.76 (expires 2011 -12) Amount $930.02 $930.02 $930.02 $788.34 $930.02 $833.82 $930.02 $930.02 $930.02 $930.02 $9,062.32 (expires 2010 -11) Assessor's Parcel Amount 162- 242 -010 -5 $1,190.32 162- 242 -012 -1 $1,190.32 162- 242 -023 -8 $1,493.54 162- 242 -018 -8 $1,493.54 162- 243 -002 -1 $1,190.32 Total 5 parcels $6,558.04 (expires 2012 -13) Assessor's Parcel Amount 198 - 120 -003 -1 $2,899.48 198 - 120 -004 -9 $2,899.48 198 - 120 -005 -6 $2,899.48 198 - 120 -008 -0 $2,899.48 198 - 120 -009 -8 $2,899.48 198 - 120 -011 -4 $2,899.48 Total 6 parcels $17,396.88 (expires 2010 -11) Assessor's Parcel Amount 201 - 082 -004 -7 $1,729.30 201 - 082 -006 -2 $1,729.30 201 - 082 -007 -0 $1,729.30 Total 3 parcellsl $5,187.90 Assessor's Parcel 198- 160 -017 -2 198- 160 -018 -0 198- 160 -020 -6 198- 160 -021 -4 198- 160 -022 -2 198- 160 -023 -0 198- 160 -024 -8 198- 160 -025 -5 198- 160 -027 -1 198- 160 -029 -7 198- 160 -030 -5 198- 160 -026 -3 Total 12 parcels Assessor's Parcel 155- 060 -011 -6 155- 060 -012 -4 162- 030 -002 -8 Total 3 parcels Assessor's Parcel 192- 011 -013 -5 192- 011 -014 -3 192- 012 -003 -5 192- 012 -004 -3 192- 012 -005 -0 192- 012 -007 -6 192- 012 -008 -4 Total 7 parc (expires 2010 -11) Amount $199.72 $1,542.44 $1,542.44 $1,542.44 $1,542.44 $1,542.44 $1,542.44 $1,542.44 $1,542.44 $1,542.44 $1,542.44 $1,542.44 $17,166.56 (expires 2011 -12) Amount $2,467.64 $2,467.64 $2,467.64 $7,402.92 (expires 2011 -12) Amount $1,438.76 $1,438.76 $1,438.76 $1,438.76 $1,438.76 $1,438.76 $1,438.76 $10,071.32 (expires 2012 -13) Assessor's Parcel Amount 198- 050 -013 -4 $2,177.48 198- 050 -014 -2 $2,177.48 198- 050 -015 -9 $2,177.48 198- 050 -016 -7 $2,177.48 198- 050 -017 -5 $2,177.48 198- 050 -018 -3 $2,177.48 198- 050 -019 -1 $2,177.48 198- 050 -021 -7 $2,177.48 198- 050 -022 -5 $2,177.48 Total 9 parcels $19,597.32 (expires 2012 -13) Assessor's Parcel Amount 230 - 050 -008 -5 $2,174.88 230 - 050 -009 -3 $2,174.88 230 - 050 -011 -9 $2,174.88 230 - 050 -013 -5 $2,174.88 230 - 060 -002 -6 $1,938.48 230 - 060 -003 -4 $1,938.48 230 - 060 -005 -9 $1,938.48 230 - 060 -006 -7 $1,938.48 Total 8 parcelsl $16,453.44 (expires 2012 -13) Assessor's Parcel Amount 198- 131 -002 -0 $1,377.36 198- 131 -003 -8 $1,377.36 198- 131 -005 -3 $1,377.36 198 - 131 -006 -1 $1,377.36 198- 131 -007 -9 $1,377.36 198- 131 -008 -7 $1,377.36 198- 131 -010 -3 $1,399.30 198 - 131 -011 -1 $1,399.30 198 - 131 -012 -9 $1,399.30 198 - 131 -018 -6 $1,399.30 198- 131 -020 -2 $1,399.30 198- 131 -028 -5 $1,377.36 198- 131 -029 -3 $1,377.36 198 - 131 -030 -1 $1,377.36 198 - 140 -004 -1 $1,399.30 198 - 140 -005 -2 $1,399.30 198 - 140 -006 -0 $1,377.36 198 - 140 -008 -6 $1,377.36 198 - 140 -009 -4 $1,377.36 198 - 140 -010 -2 $1,377.36 198 - 140 -011 -0 $1,377.36 198 - 140 -013 -6 $1,377.36 198 - 140 -015 -1 $1,377.36 198 - 140 -017 -7 $1,377.36 198 - 140 -018 -5 $1,377.36 198 - 140 -019 -3 $1,377.36 198 - 140 -020 -1 $1,377.36 198- 140 -021 -9 $1,377.36 Total 28 parcels $38.719.66 (expires 2011 -12) (expires 2011 -12) Assessor's Parcel Amount 191- 062 -007 -7 $3,103.86 191- 062 -025 -9 $3,103.86 191- 062 -026 -7 $3,103.86 Total 3 parcels $9,311.58 (expires 2011 -12) Assessor's Parcel Amount 192- 020 -013 -4 $1,224.52 192- 020 -014 -2 $1,224.52 192- 020 -016 -7 $1,224.52 192 - 020 -018 -3 $1,224.52 192- 020 -022 -5 $1,224.52 192- 020 -029 -0 $1,224.52 192- 020 -032 -4 $1,224.52 192- 020 -033 -2 $1,224.52 192- 020 -035 -7 $1,224.52 192 - 020 -036 -5 $1,224.52 192- 020 -039 -9 $1,224.52 192- 020 -041 -5 $1,224.52 192- 020 -045 -6 $1,224.52 Total 13 parcels $15,918.76 (expires 2014 -15) Assessor's Parcel Amount 167 - 130 -006 -7 $89396.46 167- 130 -014 -1 $3,370.46 167- 160 -001 -1 $3,370.46 167 - 160 -007 -8 $3,370.46 167 - 160 -008 -6 $3,370.46 167- 160 -021 -9 $3,370.46 Total 6 Parcels $25,248.76 ............ (expires 2014 -15) Assessor's Parcel Amount 201 - 040 -004 -8 $1,209.64 201 - 040 -006 -3 $1,209.64 201 - 040 -008 -9 $1,209.64 201 - 040 -009 -7 $1,209.64 201 - 040 -010 -5 $1,209.64 201 - 040 -011 -3 $1,209.64 201 - 040 -013 -9 $1,209.64 201 - 040 -014 -7 $1,209.64 201 - 040 -015 -4 $1,209.64 201 - 040 -016 -2 $1,209.64 201 - 040 -020 -4 $1,209.64 201 - 040 -021 -2 $1,209.64 Total 12 Parcels $14,515.68 Assessor's Parcel 197- 130 -026 -2 197- 140 -028 -6 197- 140 -035 -1 197- 140 -036 -9 197- 140 -041 -9 197- 140 -043 -5 197- 140 -044 -3 197- 140 -048 -4 197- 250 -008 -4 Total 9 Parcel Assessor's Parcel 187- 120 -014 -1 187- 120 -020 -8 187- 120 -025 -7 187- 120 -042 -2 187- 120 -041 -4 Total 5 Parcels (expires 2014 -15) Amount $3,183.52 $3,183.52 $3,183.52 $3,360.46 $3,183.52 $3,006.58 $3,183.52 $1,680.24 $3,006.58 $26,971.46 (expires 2014 -15) Amount $3,371.64 $1,185.80 $3,371.64 $3,371.64 $3,371.64 $14,672.36 (expires 2014 -15) Assessor's Parcel Amount 198 - 111 -003 -2 $1,553.22 198- 111 -004 -0 $1,553.22 198- 111 -005 -7 $1,553.22 198 - 112 -008 -0 $1,553.22 198 - 112 -009 -8 $1,553.22 198 - 112 -010 -6 $1,553.22 Total 6 Parcels $9,319.32 (expires 2014 -15) Assessor's Parcel Amount 192- 041 -010 -5 $1,594.06 192- 041 -011 -3 $1,594.06 192- 041 -012 -1 $1,594.06 192- 041 -013 -9 $1,594.06 192 - 041 -014 -7 $1,594.06 192 - 041 -015 -4 $1,594.06 192- 041 -016 -2 $1,594.06 192- 041 -018 -8 $1,594.06 192 - 042 -002 -1 $1,594.06 192- 042 -007 -0 $1,594.06 192 - 042 -009 -6 $1,594.06 192- 060 -011 -9 $1,594.06 192- 060 -014 -3 $1,594.06 192- 060 -023 -4 $1,594.06 Total 14 Parcelsi $22,316.84 Total Count:1 175 Total Amount:1 $321,867.20 (expires 2014 -15) Assessor's Parcel Amount 197 - 140 -030 -2 $4,689.42 197 - 150 -013 -5 $4,868.28 197 - 162 -013 -1 $4,689.42 Total 3 Parcelsl $14,247.12 Total Count:1 175 Total Amount:1 $321,867.20 C0 W U = F- U m Z = W X W Z J W 0 Q Z U LL O w U) Q �ai 2 (� Q p IL U UZ aQ 0LL m w¢ �ww wWQ w w U Q ~ w a 0 QwL H �Z) U) �- O Me Q QO n-W w Q�� o U U � w Q Q� w 0 _g cn }w W W -= Uw - (73: ::) z z0 OLL L,LJ a- Z�w� = U pw F- LL gQ0 U QO < Z Q= W J W z IL W o w W 00z a.QQ� Of �-,) Q co Z rnw (L Z �nOLLD OQ za J 0U N O Q O H t w(n M a OZW 6QDw 60Lwi.Q Y W U m � Of H O O o w to N U CD Q w D zJ w F- w Z) = U Q O (n z m H co r' Q w w z O 1Q Z y 0Op W T O uj (� C r lO J Q H O H W a Z Q Q J ly Z O LU Q U O O Q w N w LO `- LO w N z U d m ON cn i < C 00 c cn Ln th Fu x E �.- Ul cn Ln th ro 0 V 0 U •C: m u 0 u A 00 c) 4-J =3 0 c N 0 Q 4. 5 u il p"m O u "0 LO cb C) > c C) < < N-o< iA- 1:1 El 11 wool" 0 - co 00 0 V) 4-J 4-J =3 U 0 fo 4. p"m O u "0 LO cb C) > c C) < < N-o< iA- 1:1 El 11 41 V S. �■ � P' i 5.. i I f �. ,' r' VC 4.J 00 7( 0' �c 0 I om VC 4.J 00 7( 0' �c 0 I U VC 00 7( 0' �c VC 4.b. Hearings PUBLIC HEARING TO RECEIVE COMMENTS ON APPROVAL OF THE TRUNK SEWER ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -1 DISTRICT PROJECT NO. 5919 SUGGESTED AGENDA June 19, 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 Trunk Sewer Alhambra Valley Assessment District No. 2007 -1: 1. Find that the project is exempt from CEQA. 2. Adopt a resolution approving a revised boundary. 3. Adopt a resolution overruling protests. 4. Adopt a resolution confirming compliance with California Constitution, Article XIIID, Section 4. 5. Adopt a resolution approving the Engineer's Report, assessments, and ordering improvement. 6. Authorize the General Manager to execute an agreement with the Trunk Sewer area owners. NAENVRSEMPosition Papers \Swanson\2008\Agenda Trunk Sewer AVAD 2007 -1 6- 19- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 19, 2008 No.: 4.b. Hearings Type of Action: CONDUCT PUBLIC HEARING Subject: CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION APPROVING A REVISED BOUNDARY; 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 TRUNK SEWER ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -1, DISTRICT PROJECT NO. 5919 Submitted By: Initiating Dept /Div.: Curtis Swanson, Division Manager Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: Swanson A. F 11 K. Alm James M elly eneral nager 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 Trunk Sewer Alhambra Valley Assessment District (AVAD) No. 2007 -1. RECOMMENDATION: Conduct the public hearing, find that the project is exempt from the California Environmental Quality Act (CEQA), and approve Trunk Sewer AVAD 2007 -1, District Project No. 5919. FINANCIAL IMPACTS: 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 66 properties to finance their direct connector reimbursement fee for the trunk sewer, and District capacity and annexation fees so that the District can be reimbursed sooner for costs of the trunk sewer project. The total amount that could be financed under this project is $1,785,234 (see Exhibit 2). The District has already expended the trunk sewer construction (reimbursement) portion of this amount and the remainder is the deferred collection of fees the District would be expected to receive as connections occur. None of this amount would count against the $3 million the District has authorized for the construction of sewer main extensions off the trunk sewer. ALTERNATIVES /CONSIDERATIONS: 1. Continue the public hearing to receive additional public comment or allow additional deliberation. 2. Withhold or delay approval of the project. N: \ENVRSEC \Position Papers \Swanson\2008 \5919 PP Conduct Hearing Trunk Sewer AVAD 2007 -1 6- 19- 08.doc Page 1 of 13 POSITION PAPER Board Meeting Date: June 19, 2008 Subject: CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION APPROVING A REVISED BOUNDARY; 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 TRUNK SEWER ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -1, DISTRICT PROJECT NO. 5919 3. Do not approve the AVAD and establish a District installer reimbursement account as a method to recover costs of Trunk Sewer that were incurred by the District. BACKGROUND: A group of parcel owners in the Trunk Sewer 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 direct connections to the District's already - constructed trunk sewer. Under the policy, there does not have to be a majority vote for the Board to approve the Trunk Sewer AVAD 2007 -1. The Trunk Sewer AVAD meets all of the criteria for formation of a contractual assessment district. There are 66 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, includes approximately 7,000 linear feet of 10 -inch and 12 -inch diameter sanitary trunk sewer pipeline and appurtenant works and facilities that will serve 66 existing properties along the alignment most of which have existing homes presently relying on septic tanks. At that meeting, the Board also adopted a boundary map for the proposed assessment district. Subsequently, three of the properties shown inside the boundary were determined to be more easily and economically served by connecting to a planned side street sewer on Via Vaqueros Lane. Additionally, a small parcel within the boundary was not identified as a possible AVAD participant at that time. A map showing a revised boundary and identifying the additional properties is presented as Exhibit 1. As part of today's actions, the Board will consider adopting this revised boundary map. Furthermore, 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. N: \ENVRSEC \Position Papers \Swanson\2008 \5919 PP Conduct Hearing Trunk Sewer AVAD 2007 -1 6- 19- 08.doc Page 2 of 13 POSITION PAPER Board Meeting Date: June 19, 2008 subject~ CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION APPROVING A REVISED BOUNDARY; 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 TRUNK SEWER ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -1, DISTRICT PROJECT NO. 5919 On December 6, 2007, the Board of Directors also adopted a resolution directing the preparation of a report for an Alhambra Valley Assessment District known as Trunk Sewer AVAD No. 2007 -1. A report has been prepared, and assessments have been estimated, based on the direct connector reimbursement fee established by the Board on May 1, 2008. (The Engineer's Report is being provided to the Board under separate cover.) On May 15, 2008, the Board of Directors set a public hearing for June 19, 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 Trunk Sewer AVAD No. 2007 -1, 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 adopting a revised boundary. b. Resolution overruling protests of improvement. c. Resolution confirming compliance with California Constitution, Article XIID, Section 4. d. 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; and • pay the assessments; N: \ENVRSEC \Position Papers \Swanson\2008 \5919 PP Conduct Hearing Trunk Sewer AVAD 2007 -1 6- 19- 08.doc Page 3 of 13 POSITION PAPER Board Meeting Date: June 19, 2008 Subject: CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION APPROVING A REVISED BOUNDARY; 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 TRUNK SEWER ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -1, DISTRICT PROJECT NO. 5919 The District will: • finance the costs of the sanitary sewer extension; • 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 total amount that could be financed under this project is $1,785,234. The District has already expended the trunk sewer construction (reimbursement) portion of this amount and the remainder is the deferred collection of fees the District would be expected to receive as connections occur. None of this amount would count against the $3 million the District has authorized for the construction of sewer main extensions off the trunk sewer. A summary of project costs is shown in Exhibit 2. 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 fact that the associated sewer construction project being financed has already been constructed. Approval of the Engineer's Report will establish the Board of Director's independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: If a majority protest is not filed and if less than a majority of returned ballots from affected parcel owners oppose the assessment, staff recommends that the Board of Directors take the following actions: Conduct a public hearing Find that the project is exempt from CEQA. • Adopt a resolution approving a revised boundary. N: \ENVRSEC \Position Papers \Swanson\2008 \5919 PP Conduct Hearing Trunk Sewer AVAD 2007 -1 6- 19- 08.doc Page 4 of 13 POSITION PAPER Board Meeting Date: June 19, 2008 Subject: CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION APPROVING A REVISED BOUNDARY; 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 TRUNK SEWER ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -1, DISTRICT PROJECT NO. 5919 • 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 Trunk Sewer area owners. N: \ENVRSEC \Position Papers \Swanson\2008 \5919 PP Conduct Hearing Trunk Sewer AVAD 2007 -1 6- 19- 08.doc Page 5 of 13 N: \ENVRSEC \Position Papers \Swanson\2008 \5919 PP Conduct Hearing Trunk Sewer AVAD 2007 -1 6- 19- 08.doc Page 6 of 13 MARTINEZ wwr 4� � AVE " N 6 SITE M1 GILBERT LN r a o aoo Roo ' o ec PLEASANT HILL FEET LOCATION _MAP N.T.S. aE �O LEGEND: POTENTIAL - AVAD AREA v PLANNED AVAD SEWER POSSIBLE AVAD PARTICIPANTS Central Contra Sanitary District REVISED BOUNDARY AND EXHIBIT ASSESSMENT NUMBERS a TRUNK SEWER AVAD NO.2007 -1 N: \ENVRSEC \Position Papers \Swanson\2008 \5919 PP Conduct Hearing Trunk Sewer AVAD 2007 -1 6- 19- 08.doc Page 6 of 13 EXHIBIT 2 SUMMARY OF SEWER MAIN EXTENSION AND OTHER COSTS THAT COULD BE FINANCED UNDER TRUNK SEWER AVAD NO. 2007-1 Direct Connector Reimbursement Fee for Trunk Sewer $1,354650 (66 Properties x $20,525) District Capacity and Other Fees (66 Properties x $6,524) $430,584 TOTAL $1,785,234 N: \ENVRSEC \Position Papers \Swanson\2008 \5919 PP Conduct Hearing Trunk Sewer AVAD 2007 -1 6- 19- 08.doc Page 7 of 13 RESOLUTION NO. 2008- RESOLUTION ADOPTING A REVISED BOUNDARY FOR TRUNK SEWER ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -1 The Board of Directors of the Central Contra Costa Sanitary District resolves: A map entitled "Proposed Boundary of Trunk Sewer AVAD No. 2007 -1" was adopted by the Board of Central Contra Costa Sanitary District on December 6, 2007 through Resolution No. 2008 -181. A map entitled "Revised Boundary of Trunk Sewer AVAD No. 2007 -1" has been filed with the Secretary of the Central Contra Costa Sanitary District. This Board approves the revised map and adopts the boundaries shown on the map as describing the extent of the territory included in a proposed assessment district to be known as Trunk Sewer AVAD No. 2007 -1, Central Contra Costa Sanitary District, County of Contra Costa, California. This Board intends to levy a contractual assessment upon participating parcels within the described district in accordance with the benefit to be received by each parcel of land, respectively, from the improvement. There shall be omitted from assessment, all public streets, alleys, and places and all land belonging to the United States, the State of California, the County of Contra Costa, and the District because it has been determined that no special benefit will be conferred on any such land within the District. This Board finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code. This Board directs the Secretary of the District to certify the adoption of this resolution on the face of the map and to file a copy of the map with the County Recorder for placement in the Book of Maps of Assessment and Community Facilities Districts. PASSED AND ADOPTED this 19th 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: APPROVED AS TO FORM: Elaine R. Boehme Kenton L. Alm, District Counsel Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California N: \ENVRSEC \Position Papers \Swanson\2008 \5919 PP Conduct Hearing Trunk Sewer AVAD 2007 -1 6- 19- 08.doc Page 8 of 13 RESOLUTION NO. 2008- RESOLUTION OVERRULING PROTESTS TRUNK SEWER ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -1 The Board of Directors of the Central Contra Costa Sanitary District resolves: On June 19, 2008, the Board of Directors held a public hearing on the Resolution of Intention and the Engineer's Report on the proposed improvement in Trunk Sewer Alhambra Valley Assessment District No. 2007 -1. 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 19th 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: Elaine Boehme Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California APROVED AS TO FORM: Kenton L. Alm District Counsel N: \ENVRSEC \Position Papers \Swanson\2008 \5919 PP Conduct Hearing Trunk Sewer AVAD 2007 -1 6- 19- 08.doc Page 9 of 13 RESOLUTION NO. 2008- RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4 TRUNK SEWER ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -1 The Board of Directors of the Central Contra Costa Sanitary District resolves: 1. The Board set 2 PM on June 19, 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 19th 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: 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, District Counsel N: \ENVRSEC \Position Papers \Swanson\2008 \5919 PP Conduct Hearing Trunk Sewer AVAD 2007 -1 6- 19- 08.doc Page 10 of 13 RESOLUTION NO. 2008- RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT TRUNK SEWER ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -1 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 Trunk Sewer Alhambra Valley Assessment District No. 2007 -1, 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 7,000 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Alhambra Valley Road, Sheridan Lane, Strentzel Lane, and Wanda Way in unincorporated Martinez, California. 3. The Engineer's Report and the preliminary contractual assessment for the improvement for the participating parcels in the described Trunk Sewer Alhambra Valley Assessment District No. 2007 -1 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 Trunk Sewer Alhambra Valley Assessment District No. 2007 -1 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 Trunk Sewer Alhambra Valley Assessment District No. 2007 -1. 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. N: \ENVRSEC \Position Papers \Swanson\2008 \5919 PP Conduct Hearing Trunk Sewer AVAD 2007 -1 6- 19- 08.doc Page 11 of 13 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 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. Document or Event Date Number or Action a. Resolution of Intention 12/6/08 2007 -180 b. Resolution Approving Boundary Map 12/6/08 2007 -181 c. Resolution Approving Revised Boundary Map pending -- d. 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 fact that the associated sewer construction project being financed has already been constructed. N: \ENVRSEC \Position Papers \Swanson\2008 \5919 PP Conduct Hearing Trunk Sewer AVAD 2007 -1 6- 19- 08.doc Page 12 of 13 PASSED AND ADOPTED this 19th 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: 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 District Counsel N: \ENVRSEC \Position Papers \Swanson\2008 \5919 PP Conduct Hearing Trunk Sewer AVAD 2007 -1 6- 19- 08.doc Page 13 of 13 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 o111 Kesowtlon 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, Henesini 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: Elaino R. Boehme Secretary, Central Contra Costa Sanitary District County of Contra Costa State of Califo APPROVED AS TO FORM: n- Kento?rt.-Ah 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 Program PurQ0Se 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 Fundina 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-partfdpants 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. Pp• 4 of 11 • 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 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. • A Participant Parcel may not have more than two (2) dwellings on it to participate in an AVAD. 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. e 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 Paps 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 foram 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 Engineer's Report and assessments; ordering of the improvements; and approval of the AVAD election. • Approval and levying of final assessments. 1. initial I 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 Pape a 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. Papa 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. • 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 Papa 8 O 11 inspect the project consistent with prevailing CCCSD inspection procedures. 9 CCCSD will accept the work if the work is done in accordance with CCCSD's standards. o 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 shalt 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, nodding 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 Parrticipant 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. 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- partIcivant- Reimbursement Fees • 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 carrying cost of advancing the Non- participants' share of AVAD expenses. Paps 11 of 11 Item no. 4.b. Trunk Sewer Alhambra Valley Assessment District No. 2007 -1 Curtis Swanson June 19, 2008 Trunk Sewer AVAD AVAD No. 2007 -1 ■ Meets AVAD criteria ■ Potentially serves 66 properties. ■ 6100 feet of 10 & 12 -inch sewer; 14 MH ■ Trunk Sewer Cost: $3,800,000 ■ Cost per property: $27,049 (includes $20,525 direct reimbursement fee & $5990 capacity fee) ■ Annual Payment: $2,760 4b. 1 Trunk Sewer AVAD Criteria • Minimum of 3 properties per AVAD. • No minimum level of participating tributary properties. • At least 60% developed properties. • No more than 2 buildings per participating parcel. • Must pay direct connector trunk sewer reimbursement fee. Election Results Trunk Sewer AVAD No. 2007 -1 • Approve Assessment: 26 votes • Oppose Assessment: 12votes • Not voting: 28 properties 2 4.c. Hearings PUBLIC HEARING TO RECEIVE COMMENTS ON APPROVAL OF THE QUAIL ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -6 DISTRICT PROJECT NO. 6441 SUGGESTED AGENDA June 19, 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 Quail Alhambra Valley Assessment District No. 2007 -6: 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 Quail Lane area owners. NAENVRSEMPosition Papers \Swanson\2008\Agnenda Quail AVAD 2007 -6 6- 19- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 19, 2008 No.: 4.c. Hearings Type of Action: CONDUCT PUBLIC HEARING subject: CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT AND FINDING THE PROJECT EXEMPT FROM CEQA; AND AUTHORIZE EXECUTION OF AGREEMENT WITH PARCEL OWNERS IN CONJUNCTION WITH THE QUAIL ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -6, DISTRICT PROJECT NO. 6441 Submitted By: Initiating Dept /Div.: Curtis Swanson, Division Manager Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: V. C } 4. Swanson A. Farrell K. Alm Kelly 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 Quail Alhambra Valley Assessment District (AVAD) No. 2007 -6. RECOMMENDATION: Conduct the public hearing, find that the project is exempt from the California Environmental Quality Act (CEQA), and approve Quail AVAD 2007 -6, District Project No. 6441. FINANCIAL IMPACTS: The estimated total sewer main extension project cost is $319,736. The District has authorized up to $3 million for sewer main extensions under AVADs over the next three years. This would be the fourth AVAD project authorized by the Board and cumulative authorizations would total $1,283,050. 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 13 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 $499,487 (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 Quail 6- 19- 08.doc Page 1 of 12 POSITION PAPER Board Meeting Date: June 19, 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 QUAIL ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -6, DISTRICT PROJECT NO. 6441 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 Quail 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 Quail AVAD meets all of the criteria for formation of a contractual assessment district. There are 13 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 20, 2007. The subject sewer would include approximately 1,875 linear feet of 8 -inch sewer main and appurtenant works and facilities that will serve the proponents' 13 existing properties, most 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. On December 20, 2007, the Board of Directors adopted a resolution directing the preparation of a report for an Alhambra Valley Assessment District known as Quail AVAD No. 2007 -6. 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 15, 2008, the Board of Directors set a public hearing for June 19, 2008. Since assessments are proposed to be levied on properties, the procedural requirements of Proposition 218 do apply, although the final assessment district NAENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Quail 6- 19- 08.doc Page 2 of 12 POSITION PAPER Board Meeting Date: June 19, 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 QUAIL ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -6, DISTRICT PROJECT NO. 6441 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 Quail AVAD No. 2007 -6, 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; • 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. N:\ENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Quail 6- 19- 08.doc Page 3 of 12 POSITION PAPER Board Meeting Date: June 19, 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 QUAIL ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -6, DISTRICT PROJECT NO. 6441 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; • 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 Quail AVAD No. 2007 -6 is $319,736. 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 fourth AVAD project authorized by the Board. Thus far, the Board has authorized $963,314. With this project, the total would be $1,283,050. 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. 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. NAENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Quail 6- 19- 08.doc Page 4 of 12 POSITION PAPER Board Meeting Date: June 19, 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 QUAIL ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -6, DISTRICT PROJECT NO. 6441 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 Quail area owners. N: \ENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Quail 6- 19- 08.doc Page 5 of 12 N: \ENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Quail 6- 19- 08.doc Page 6 of 12 ATTACHMENT 2 SUMMARY OF SEWER MAIN EXTENSION AND OTHER COSTS THAT COULD BE FINANCED UNDER QUAIL AVAD NO. 2007 -6 Construction — Sewer main extension $265,650 Engineering — Sewer main extension $31,900 District Services — Sewer main extension $22,186 SUB -TOTAL — Sewer main extension j $319,736 Indirect Connector Reimbursement Fee for Trunk Sewer $94,939 (13 Properties x $7,303) District Capacity and Other Fees (13 Properties x $6,524) $84,812 TOTAL $499,487 N: \ENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Quail 6- 19- 08.doc Page 7 of 12 RESOLUTION NO. 2008- RESOLUTION OVERRULING PROTESTS QUAIL ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -6 The Board of Directors of the Central Contra Costa Sanitary District resolves: On June 19, 2008, the Board of Directors held a public hearing on the Resolution of Intention and the Engineer's Report on the proposed improvement in Quail Alhambra Valley Assessment District No. 2007 -6. 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 19th 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 NAENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Quail 6- 19- 08.doc Page 8 of 12 RESOLUTION NO. 2008- RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4 QUAIL ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007-6 The Board of Directors of the Central Contra Costa Sanitary District resolves: 1. The Board set 2 PM on June 19, 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 19th 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 NAENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Quail 6- 19- 08.doc Page 9 of 12 RESOLUTION NO. 2008- RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT QUAIL ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -6 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 Quail Alhambra Valley Assessment District No. 2007 -6, 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 1,875 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Quail Lane and Alhambra Valley Road in unincorporated Martinez, California. 3. The Engineer's Report and the preliminary contractual assessment for the improvement for the participating parcels in the described Quail Alhambra Valley Assessment District No. 2007 -6 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 Quail Alhambra Valley Assessment District No. 2007 -6 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 Quail Alhambra Valley Assessment District No. 2007 -6. 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. NAENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Quail 6- 19- 08.doc Page 10 of 12 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 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). N: \ENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Quail 6- 19- 08.doc Page 11 of 12 Number Document or Event Date or Action a. Resolution of Intention 12/20/08 2007 -198 b. Resolution Approving Boundary Map 12/20/08 2007 -199 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). N: \ENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Quail 6- 19- 08.doc Page 11 of 12 PASSED AND ADOPTED this 19th 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 NAENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Quail 6- 19- 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, at seq. in order to create Contractual Assessment Districts in order to provide for assessment financing of main extensions for failing septic systems; and Paps 1 0111 Kesoiutlon 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, tlenesini 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: Kento . AI District Counsel Pape 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 PcQgram Purpose 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 Page 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 potenfial 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- partic/pants 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. • ParUclpant 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. Pp•4a11 • 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 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. • A Participant Parcel may not have more than two (2) dwellings on it to participate in an AVAD. o 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. • 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 Paps 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 above4lsted 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 Engineer's 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. Pop 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 P•p• 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 Pap. p or t t persons) 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, nodding 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 Pays to or 11 paragraph, "rights of way" shall include public or private roads providing legal ingress and egress to multiple parcels. • 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 • 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 carrying cost of advancing the Non- participants' share of AVAD expenses. Paps 11 of 11 qc. Item no. 4.c. Quail Alhambra Valley Assessment District No. 2007 -6 Curtis Swanson June 19, 2008 Quail AVAD Sewer Main Extension ■ Meets AVAD criteria ■ Potentially serves 13 properties. ■ 1,875 feet of 8 -inch sewer; 8 MH ■ Sewer Main Estimate: $319,736 ■ Cost per property: $38,422 (includes $7,303 trunk sewer indirect reimbursement fee) ■ Annual Payment: $3,925 1 AVAD Criteria • Minimum of 3 properties per AVAD. • At least 50% participating tributary properties. • At least 60% developed properties. • No more than 2 buildings per participating parcel. • Must pay applicable trunk sewer reimbursement fee. Election Results Quail AVAD No. 2007 -6 • Approve Assessment: 7 votes • Oppose Assessment: 2 votes • Not voting: 4 properties 2 The Central Contra Costa Sanitary District Volume 12, Number 2 A newsletter about protecting public health and the environment Summer 2008 Modest Increase in Sewer Rates Effective July t 2008 Residents to Pay About 92C More Per Month t a public hearing on June 5, 2008, the Central Contra Costa Sanitary District Board of Directors approved a $102 million budget for Fiscal Year 2008-2009 that includes a modest increase to the Sewer Service Charge. It is a continual challenge for the District to balance costs and keep rates reasonable while effectively protecting public health and the environment. That the challenge has been met is reflected in a number of ways: a national award recognizing our treatment plant's ten years of total compliance with State and Federal water quality permits; a "Best in California" award for our collection system; a dramatic decrease in sewer overflows; and increased savings in energy usage. The Board determined a rate increase is necessary to cover the rising costs associated with labor, material, fuel, energy, and regulatory compliance. The new annual Sewer Service Charge for residential customers for FY 08 -09 will be $311, an increase of $11 per year (about 924 per month), effective July 1, 2008. The District also currently receives a portion of local property taxes (known as "Ad Valorem" tax), equating to about $74 per household each year. (see sew now—, page 2) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% e: r v fill � f, ' rsra:uwd�•i.£'Aft.K. to two'u're mast lftty tri 71* is k wNm as a Hydro -Vx If usesa ir0 rta"VWaW a va* of r=ft to 0=9MW and otherbutit -upm ialet�fs des- d r viacz m fdn the deft RN r�- T*IsapoweryWft &uck ti can push a *dceft kW pJM with diffa t dearrin9 apachrnertfs ft W, a*er blades, xn*xn) on ewto tO bv* roots and oMff Nock ages. The majority of pLWed sewe►s in our am are caused by roots geffiV kft thep0a 2 Sewer Rates. (continued from from The new Sewer Service Charge rate business customers will pay depends on the composition and amount of sewage they produce, and can be estimated by multiplying their 2007-2008 bill by 3.7% for FY 08 -09. The Sewer Service Charge is collected on the County property tax bill as a line item labeled 'CCCSD SEWER CHG.' It is CCCSD's primary source I of revenue and covers the costs of collecting, treating and disposing wastewater from more than 450,000 residents and businesses in Central Contra Costa County; operating the Household Hazardous Waste Capital Program Ensure e central Contra Costa Sanitary District Board of Directors approved the District's Fiscal Year 2008 -09 Capital Improvement Budget and Ten -Year Capital Improvement Plan at a public hearing on May 15, 2008. Our Capital Program preserves, maintains and enhances the District's assets, accommodates community needs, and protects the environment. The District's FY 08 -09 Capital Improvement Budget details expenditures of approximately $39 million for the planning design, and construction of capital projects. Capital projects are major construction, acquisition, or renovation activities which add value to the District's fixed assets (pipelines, facilities, equipment) or significantly increase their useful life. The Ten -Year Capital Improvement Plan projects needed expenditures for ten years into the future. It focuses on renovation, expansion, and regulatory requirements Collection Facility in Martinez; and providing recycled water services. These operating costs are expected to i' be approximately $58.5 million in FY 08 -09. Most of the revenue from the Sewer Service Charge is applied to the operations and maintenance costs of running the District. These costs r include labor, benefits, utilities and chemicals, hauling and disposal, materials and supplies, and routine f repairs and maintenance. A portion of the Sewer Service Charge also goes to repair, rehabilitate, and construct our sewer pipelines, pumping stations, and treatment plant facilities. These costs are expected to be approximately $39 million in FY 08-09. The Sewer Service Charge is not the only source of revenue for the District. Other revenue sources include new sewer connection fees, contract charges, and Ad Valorem tax, as previously mentioned. The District's budgeted Ad Valorem tax revenue for FY 08 -09 is approximately $12.4 million, and will be used for debt payment and refurbishment of District infrastructure. Were the State to reduce our Ad Valorem tax revenue (as has been proposed by the Legislative Analyst's Office), the District's Board of Directors would have to consider increasing the Sewer Service Charge significantly to replace those funds. We appreciate your understanding Community Needs are Met, Now and in the Future expected to occur or be needed based on analyses of existing conditions, government indicators, and operational history. Estimated expenditures for the next ten years are $340 million (in 2008 dollars), an average of $34 million per year. The Capital Improvement Budget and Ten -Year Capital Improvement Plan also include projected revenues and cash -flow analyses to demonstrate how planned expenditures will be funded. Each planned project addresses one or more of these District goals: • Protect public health and the environment • Maintain existing assets • Respond to regulatory and community concerns • Accommodate planned growth A summary describing the major capital projects for FY 08 -09, the ma' projects included in the Ten -Year Capital Improvement Plan, and the revenue streams that support the planned expenditures is available at our website, www.centralsan.o% ; or by calling our Capital Projects Division Manager, Tad Pilecki, at (925) 229 -7273. of this modest rate increase that will enable us to continue fulfilling our vital mission of protecting public health and the environment. If you have questions about your Sewer Service Charge rate, please contact us via email at rates @centralsan.dst.ca.us or call (925) 335-7739. * 3 NINE M wa. E Ra nder: When Cheddng for Fever, Go Vital mercury thermometer (silver bulb at the bottom) cordains enough ry to Contaminate more than 200 million gallons of water, and these thermometers are particularly vulnerable to breakage. if mercury goes down the drain, it contaminates the wastewater that eventually flows to the Bay because the treatment process cannot remove all traces of mercury. This Is why the sale of mercury fever thermometers is banned In California. Instead of disposing of mercury thermometers in the trash, please bring them to the Household Hazardous Waste Collection Facility. We'll even give you a free digital fever thermometer in exchange for your rnemury thermorrreter! o For more` information, please call 1- 800.646 -1431. Get Free Home Improvement Products (And Help the Environment at the Same Time) w ould you like free paint, household cleaners, or garden products? Then visit our Household Hazardous Waste Collection Facility's Reuse Room (4797 Imhoff Place in Martinez). Our goal is to encourage the Reduce, Reuse, and Recycle philosophy. We would rather residents reduce their use of hazardous products by using safer alternatives. But when people bring in household hazardous waste for disposal, we separate the reusable items and put them in our Reuse Room. Unused or leftover paints, stains, cleaners, garden products, automotive products, pool chemicals, and other reusable items are often available and free for the taking. The items and quantities vary depending on what people bring to the facility, but our shelves are never bare. The Reuse Room is open Tuesday through Saturday, 9 a.m. to 3:30 p.m. Cali 1- 800 - 646-1431 for more information. (Please note we cannot provide inventory information over the phone.) 4 Local Stores Plwc it Rstall stores in many cities in centr COntra Costa County are helping to prevent pollution by collecting batteries and pharmaceuticals for Proper disposal-* When you're unable visit our Household Hazardous Waste Collection Facility, please consider on of these alternatives: 'proErOff Locations Household batteries: Bill's Ace Hardware Stores (Martinez, Concord, Pleasant Hill) Longs Drugs (most stores in central county area) • RiteAld (Orinda and Walnut Creek) • Radio Shack (Danville and Walnut Creek) • Ace Hardware (Lafayette and Moraga) • Walgreen's (Danville) • Many city offices • All large retail chain stores that sell rechargeable batteries are required to take them back (WalMart, Target, Radio Shack, etc.) Note: This is not an all- inclusive list Please check with the retailers in your community. Medications: Currently, Elephant Pharm (1288 S. California Blvd., Walnut Creek) is taking back medications except for controlled substances. Check to see if your pharmacy offers a take -back program. If a pharmaceutical take - back program is not available, please follow these guidelines for disposing of your medications: (1) take them out of their original containers; (2) put them in a sealable container (such as a coffee can or plastic bag); (3) mix in an undesirable substance (such as used coffee grounds or kitty litter); (4) seal the container; (5) put the container in the trash. Do not dispose of syringes or needles with medications. Please do not flush any medications. Household i 1 Collection Household *0 Hours and Location Hazardous War Collection Facility _ r= ���Mo� RG Residents: Tuesday - Saturday, 9 a.m. - 4 p.m. All "M "keFF (Reuse Room closes at 3:30 p.m.) tic, ; `— Plant so Businesses: Tuesday - Saturday, by appointment only Holiday Schedule: Nlovember, 8 2008 r y 1,,200 � Eligible Communities: PaRO 9 y Alamo, Blackhawk Clayton, M m Z Concord, Clyde, Danville, Lafayette, 4 Martinez, Moroga, Orinda, Pacheco, Pleasant Hill, San Ramon, Walnut Creek and unincorporated Central County areas. • From Hwy. 4 take the Solano Way exit • From 1 -680 take Hwy. 4 East to Solano Way exit. A Really Big Boring Project The A -Line Relief Interceptor, Phase 2A The Central Contra Costa Sanitary District (District) and the City of Concord have begun a joint project to increase the wet-weather capacity of the District's A -Line Interceptor and eliminate the need for one of the City of Concord's pumping stations. The A -Line Interceptor is the 'backbone' of the District's collection system. It is an extremely large pipe that receives sewage from a large portion of the District's service area and transports the flows to our treatment plant in Martinez. The new relief interceptor will be tied into the existing A -Line allowing high flows during rainy periods to enter the relie interceptor, taking the pressure off of the A -Line. The project will install almost 5,000 feet of new sewer lines ranging in diameter from 48 to 96- inches, and converting the Concord pumping station (located behind the Waterwor amusement park) into a metering station that will move wastewater to the District's collection system by gravity. To reduce impacts on residents and businesses in the area, almost 4,000 feet of pipe is being installed using a tunneling technique called pipe jackir An Earth Pressure Balance Machine, z specifically designed boring machine, carves out an underground route for the 20-foot long, 96 -inch tall, 62,000 pound pipe segments that will make up the new sewer. Twenty -seven feet underground, the pipe segments will be pushed througl the Buchanan Fields Golf Course Q and south across Concord Avenue to the intersection of Meridian Park Boulevard and Galaxy Way. From there, the sewer will turn east and travel to the walking path next to Walnut Creek (the stream — not the city). The equipment is "driven" by an operator who sits in a small car located inside the head of the boring machine. He stays in this confined area while the boring head turns at a little more than one rotation per minute, moving forward at the maximum rate of five feet an hour. As 12 -inch teeth cut through the earth, the machine injects a lubricating fluid to soften the soil and reduce friction on the equipment. The material loosened by the teeth is pulled by a small corkscrew shaped device into the machine where it is pushed backwards 40 feet and dropped into a cart. From there the cart travels on rails all the way back to the beginning of the tunnel where it is emptied. The operator drives the machine forward until a complete 20 -foot section of sewer line is in place. Once a section is complete, he can travel back to the beginning for a break, while a crane sets another 20 -foot segment into place. Then it is time to repeat the process again, and bore another 20 feet. 7 Once all of the boring work is complete, we will have to dig an open trench to install the remaining 540 feet across Walnut Creek, and finish by connecting the sewer line to the new metering station. We anticipate completing work on this project in February 2009. How to Use Bug - Friendly Plants and Beneficial Insects to Keep Your Garden Healthy Without Chemicals Did you know that a garden filled with a wide variety of flowering plants is not only beautiful, but more resistant to pest damage? That's because a healthy, diverse garden will attract pollinators like butterflies and honey bees, and other beneficial insects such as ladybugs, dragonflies, and lacewings that feed on pests. Here are two key steps to attract beneficial insects to your garden: • First and most important, eliminate the use of broad - spectrum pesticides. These are just as deadly to beneficial insects as they are to the pests you're trying to kill. • Second, provide a variety of flowering plants rich in pollen and nectar. A list of plants that attract beneficial insects is in the box below. Be sure to consider the plants' needs (soil, light, water) when selecting them for your garden. You can get help with this from the staff at your favorite nursery or the University of California Cooperative Extension Master Gardeners at (925) 646 -6586. zeJON. I.11 Check Out Ow- Wew improved Web Site o ur web site, www.centralsan.org, has been online since 1997. Ws always been full of useftd carntent, but its outdated design made it difficult for people to find that content so we've been working on improvements for the past several months. These improvements Include a new look, easier navigation, and a faster search function. Additional Improvements are planned for future updates. Please visit www.centralsan.org when you get a chance, and let us know what you think of our updated web site! renlral Contra C.s Sa Wy District (CMD) is s1_1 di5ln�l Ihal'olk, t, -d t, teens an -. — -- a+erage of 45 rnihoo gallons of 5t tiler pei .s day for ap>ror 't'.ly 448,',W esd t' and busrx'ses in central ConUa Cnsta County w Rw.r.r v�acra cis ..r... The Rest of the Story.:. "re purpose of advertising Is to make products sound a ppeaNt�g. That'$.why Information about tt�Ir potential drawbacks is usually not part of the story (except for that health products make claims). So we thought we'd help you out by providing the rest of the story on a few products that alie becoming Increasingly popular. The Pitch The Rest of the Story Flushable diapers are good for the Many house sewer pipes (especially for older homes) have been infiltrated by roots. environment. Disposable diapers are Roots are the number -one cause of sewer back -ups because flushed materials can not recyclable and can sit in landfills get stuck on them and accumulate, eventually causing a clog. Flushable diapers are for years. Rushable diapers put waste slow to disintegrate and can make this potential problem worse. Please take care; In the toilet, not the landfill. just because it goes down the toilet doesn't mean it was successfully flushed. It may be out of sight, but stuck in your pipe. Compact Fluorescent Lights (CFLs) CFLs contain small amounts of mercury (which is toxic), so must be handled with save energy and last longer than care and disposed of as household hazardous waste. it is illegal in California to put incandescent bulbs. them in the trash. Bring them to our Household Hazardous Waste Collection Facility for safe disposal. For information on how to safely clean up a broken CFL, go to the EPA's web site: http: / /www.epa -gov/ mercury/spills /index.htm#fluorescent Antibacterial products help to reduce Most antibacterial products contain Triclosan (also known as Irgasan and the spread of harmful germs. Microban), a chemical that can have detrimental effects on the water environment. If it goes down your drain, it will end up in the Bay, because wastewater treatment plants cannot remove all traces of Triclosan from the water. According to the American Medical Association and Centers for Disease Control and Prevention, washing your hands in hot soapy water for 30 seconds is just as effective as using an antibacterial product. To dispose of Triclosan- containing products, please bring them to the Household Hazardous Waste Collection Facility. Disposable Wipes offer quick and Many of these products are being tossed into toilets by consumers. Since these convenient clean -ups. products began growing in popularity, our crews have been spending significant time unclogging mounds of disposable wipes from our public sewer lines, pumps, and other facilities. The sewer system is not designed to take disposal wipes (even products labeled as Fushable). If your house sewer pipes have been infiltrated by roots (the number -one cause of sewer blockages in our area), the risk of a clog in your line increases dramatically. Put disposable wipes in the trash. Greeting cards that play music when Greeting cards with music or sound effects are powered by "button -cell" batteries opened will surprise and delight which contain mercury, silver, cadmium, lithium and other heavy metals. These recipients. and other types of batteries must be disposed of as hazardous waste. Please bring all unwanted batteries to the Household Hazardous Waste Collection Facility for safe disposal. Products made with nano technology Nanotechnology involves working with particles on an ultra -small scale (a have anti-bacterial and odor-fighting nanometer is one billionth of a meter). Nanotechnology is used in the medical properties. industry, in electronics, plastics, personal care products and advanced nutritional products. To incorporate antibacterial and odor - fighting properties into products like socks, nanotechnology uses silver (nanosilver). Scientists are recommending a closer examination of the unforeseen environmental and health consequences of nanosilver. Silver is highly toxic to aquatic life at low concentrations. Research by University of California, Davis has found that laundering can wash off substantial amounts of the nanosilver particles from socks impregnated with the material. The particles could travel through the wastewater treatment system and enter waterways where they might harm aquatic organisms. infrastructure To protect public health and the environment, Central Contra Costa Sanitary District must regularly maintain, repair or replace sewer lines and other elements of our 1,500 -mile wastewater collection system. Construction work can be disruptive, and we do our best to minimize the inconvenience our projects may cause to residents and businesses. Here's a brief summary of major construction projects: A -Line Relief Interceptor, Phase 2A: This is a joint project with the City of Concord and will increase capacity and reduce the potential for wet - weather overflows in the A -Line Interceptor. (The interceptor is the backbone of the District's collection system and is a large pipe that receives wastewater from a number of sewers and transports it to the treatment plant.) This project entails installing 3,000 feet of 96 -inch pipe from Buchanan Fields Golf Course to the intersection of Meridian Park Boulevard and Galaxy Way. An additional 1,400 feet of 48 -inch through 72 -inch pipe will be installed along Galaxy Way, then across Walnut Creek to the City of Concord Pumping Station. The project will actually eliminate the need for the pumping station. To minimize construction impacts, 4,000 feet of pipe will be installed by tunneling. Construction is underway an( expected to finish in February 2009. Estimated construction cost: $21 million © Lafayette Lafayette Sewer Renovation Project, Phase 5: This ongoing project will repla or renovate deteriorating or deficient sewers in Lafayette. Phase 5 will renov< approximately 11,000 feet of sewers 10 at 23 sites using open -cut and various trenchless technologies. Construction of this phase is underway and expected to finish by February 2009. Estimated construction cost: $1.8 million. © Martinez Martinez Sewer Renovation Project, Phase 2: This ongoing project will replace or renovate deteriorating or deficient sewers in Martinez. Phase 2 will renovate approximately 7,000 feet of sewers using open -cut and various trenchiess technologies. Construction of this phase is underway and expected to finish by January 2009. Estimated construction cost: $1.9 million. 0 Orinda South Orinda Sewer Renovation Project, Phase 3: This ongoing project will renovate deteriorating sewers in South Orinda. Phase 3 will renovate about 7,500 feet of sewers at 15 sites south of Highway 24 using trenchiess technologies. Construction is expected to start in July 2008 and finish by February 2009. Estimated construction cost: $1.4 million. 9 aiamino Pablo Trunk Sewer and Force improvements: This project will replace gravity sewers and two pumping station force mains within Camino Pablo and the Camino Pablo frontage road, from the Flush been pumping station north of Miner Road to El Toynal, using open -cut and pipe - bursting methods. Construction and traffic control details will be closely coordinated with the City of Orinda. Construction is expected to begin in July and be finished by December 2008. Estimated construction cost: $2.2 million. OWalnut Creek Walnut Creek Sewer Renovation Project, Phase 6: This ongoing project (which may include up to 15 phases) will replace or renovate deteriorating or deficient sewers in Walnut Creek. Phase 6 will renovate approximately 10,000 feet of deficient sewers at 10 sites using open -cut and various trenchiess technologies. Construction of this phase is underway and expected to finish by November 2008. Estimated construction cost: $1.8 million. For more information about these or other construction projects, please contact Community Affairs Representative Chris Carpenter at (925) 229 -7200. Your Sewer System is the Best in California re California Water Environment Association has presented the Central Contra Costa Sanitary District with its 2007 California Large Collection System of the Year Award. The District's collection system is comprised of almost 1,500 miles of sewer pipe and 18 pumping sta- tions that transport wastewater from 448,750 residents and businesses in central county to the treatment plant in Martinez. Maintaining it all is an ongoing challenge for our crews. We're proud of the quality of their work, and honored to receive this recognition from our industry peers. 11 Protect Yourself From a Sewage Overflow if you don't want this: Make sure you have one of these: A sewage overflow inside a home. Wherever a sewer system exists, so does the potential for overflows. Sewage overflows can occur when pipes are blocked by roots, grease buildup, or debris, causing the sewage to back up in the pipe and spill from the first opening it comes to. If the blockage is in the public sewer main, that outlet is usually a manhole. Sometimes, however, if your home drains are lower than the rim of the nearest upstream (uphill) manhole, or if the blockage is in your private side-sewer pipe, the sewage can overflow from a drain inside your home. These are two of the most popular models of overflow Protection Devices. your home. These devices cost around $50 and are available at many plumbing supply stores. Because proper elevation and location are critical for the device to function properly, we recommend installation by a licensed plumbing contractor. Once installed, you should keep the OPD clear of obstructions such as dirt or vegetation that might interfere with its operation. An overflow of raw sewage inside your home is a health risk and can damage your property. In addition, cleaning up the mess can be expensive. An inexpensive device can protect your home and property. With an Overflow Protection Device (OPD) installed on your side sewer, sewage backing up in the pipe from the direction of the street will be released through the device into your yard, rather than through drains in Overflows: Our Responsibility or Yours? if a sewage overflow occurs, call the Central Contra Costa Sanitary District ( CCCSD) immediately (925-933-0955). A crew will be dispatched to locate the blockage and determine if it is in the public sewer line. If the problem is in the public sewer line, the crew will clear the blockage and clean up the affected area, home or business. Most overflows, however, are caused by clogs in the lateral that connects your home's plumbing to the public sewer line. This pipe is the property owners responsibility. CCCSD cannot remove the blockage, make repairs, or clean -up the mess that results from an overflow due to conditions in that pipe. You (or the property owner) must contact —and pay for —a licensed plumbing contractor to do this work. Does your property already have an OPD installed? To find out, check your sewer lateral cleanout, approximately two to ten feet from your home. It may be hidden by vegetation. Alternatively, you can ask a professional plumber to determine whether an OPD is present and in good working order. For more information, including whether a permit is needed before installing an OPD, call the CCCSD Permit Counter staff at (925) 229 -7371. i a Overflow n Device? 12 Having Ware Dane on Your Sewer? Read this list! Did you know that any work done on sewer pipes outside your house or building on your property requires a permit from the Central Contra Costa Sanitary District? This does not include routine cleaning. But any kind of repair, alteration, extension, or replacement of your side -sewer pipe requires a permit from us. Even if you or your contractor has.a building or plumbing permit from the city or county, a separate permit from our District is still needed for work on your sewer line. When the sewer work requires excavation in a public street, an encroachment permit from the city or county is also needed. The sewer permit protects you, the property owner. It ensures work is done according to District standards, solves your immediate sewer problem, stands the test of time, and protects others by avoiding injuries or property damage. After obtaining the permit, your contractor must notify our Inspection Section (925- 229 -7373) at least one business day prior to starting any work. Our inspector will do a pre -job inspection to review the work to be done, discuss the District- approved materials to be used on the job, and agree on a schedule for additional Inspections, as appropriate. This pre -job inspection is a unique service and is done for your benefit. If the inspector's first visit occurs after the work is done, and he or she discovers problems, the work might need to be redone — possibly at significant expense. This is why it's very important to contact us before the work starts. Protect Yourself and Your Bank Account Why should you do those three things? To protect yourself from unexpected expenses and potential liabilities. If work is started without having a permit, the District will charge an 'Inspection of Unpermitted Work' fee. This is currently $419, and is in addition to regular application and inspection charges. This fee covers our cost of dealing with unpermitted work and provides an incentive for the contractor to obtain required permits in advance. Sometimes, though, a contractor may try to get the property owner to pay this fee. Many home improvement contracts specify that the property owner is responsible for all permits and fees. Because our District verifies a contractor's license before issuing a permit, an unlicensed contractor may try to convince you to apply for the permit. Whoever applies for a permit must sign an affidavit stating that he or she will personally perform the work, or that it will be done by his or 13 her direct employees (not a contractor or contractors). The person who gets the permit is liable for Cal -OSHA safety compliance; withholding and income tax, social security, state disability payments, and worker's compensation insurance for employees; and for any damages to the District's pipelines or property (or to the person or property of others) that result, even indirectly, from the work. The Contractors State License Board requires contractors to be licensed, bonded and insured. There are a number of protections under the state contracting laws that you will not have if you hire an unlicensed contractor. Hiring an unlicensed contractor can open you up to substantial costs for removal and replacement of substandard work, liabilities for injuries or damage that result from the work. Trying to save a few bucks could cost youl For more information, please call our Permit Counter at 925-229 -7371. Coming Soon: Recycled Water Hydrant for Filling Water Trucks 'n light of the drought situation, we are pleased to offer recycled water to contractors for dust control, compaction, and other activities suitable for non - potable water. Please contact CCCSD at 925-229 -7371 for more information. We Want Your Hazardous Waste Do you know the best way to dispose of hazardous materials used in your business? When materials containing potentially dangerous chemicals are discarded, they become hazardous waste. Examples of hazardous waste include paints, batteries, motor oil, pesticides, solvents, acids and fluorescent tubes. If disposed of improperly, these materials can threaten human health and the environment. The proper disposal of hazardous waste can be complicated, time - consuming and expensive for businesses. As a result, many businesses are simply storing their hazardous waste on site, hoping to find a cost - effective way to get rid of it We may have a better solutioni if your business is located and does business in our service area (see map on back page), and generates less than 220 pounds or 27 gallons of hazardous waste per month per location, it may qualify for our Conditionally Exempt Small Quantity Generator - Hazardous Waste Program. This program makes it easy, safe and economical for businesses to dispose of hazardous wastes at our Household Hazardous Waste Collection Facility. Additional restrictions may apply and disposal fees are charged based on the type and quantity of materials you drop off. For more information, please call 1-800-6461431, e-mail us at CESQG@ centralsan.dst.ca.us, or visit our web site: www.centralsan.org # 14 mution Solutions Champion Bill Wygal `Because it's the right thWg to do. fiat's how Bill Wygal, owner of Bill's 1 Ace Hardware, explains the ongoin, pollution prevention activities in all fou of his stores. The family business, founded by Bill's grandparents, has been a Martinez fiat for decades, marking its 60th annivers on May 8 of this year. But it was just over 10 years ago that Bill's commitml to pollution prevention began to take off. 'I got involved with the Our Water Our World program through Central San; Bill remarked. 'That was around the time that the whole IPM (integrate Pest Management program for health gardens) started. It was simple enougi to display information from Central Si on using non -toxic pesticides and sim pest management hints in our garder supply sections." That simple effort to keep his custom informed about pollution prevention resulted in Bill's Ace Hardware stores being named one of the first Green Businesses in Contra Costa County. A that was just the start. To help keep mercury out of the environment, each of Bill's four store collects used batteries from customer Bill brings an average of six 5-gallon buckets of used batteries to CCCSD's Household Hazardous Waste (HHW) Collection Facility each month. Today, all four of Bib's stores feature signage that refers customers to the HHW Collection Facility for disposal of household hazardous waste. Thei are shelf signs in each store, advisin customers to bring unused paint, pesticides and fertilizers, CFLs and fluorescent lamps, used cleaning an auto products to the HHW facility. A Bill Wygal each store has an information rack with fact sheets on the IPM program, healthy gardening and HHW disposal guides. In January, Bill appointed a Recycling Manager for each store and began to recycle all paper, not just 8 1/2 X 11 inch sheets. Collectively, the stores increased paper recycling fourfold, from 500 pounds to 2,000 pounds a month. He convinced manufacturers to take back defective aerosol cans rather than just tossing them into the trash as was the standard practice. Later this year, he expects to have photo voltaic displays in all four stores for customers interested in home system solar power. "It can be a real pain at times,' Bill said. "At times it seems that we're polluting faster than we can remove the pollutants. But we're doing 1,000 percent better on recycling and the Bay is much cleaner than it was 10 years ago. "Like 1 said, I just want to do the right thing" Bill Wygal was formally recognized by the Central Contra Costa Sanitary District Board of Directors at the May 15 Board meeting as an Environmental Champion for all his efforts. t ! NEW.-8 W-— � ental practices that use, rqp* .' or remove mercury- containg amalgam tooth - filling materials have long been a significant souk of mercury In the wastewater that f m to the Central Contra Costa Sanitary District treatment plant in Martinez. In 2004, more than 50 percent of the dental mercury entering our sewers was estimated to be from filling placements and removals. In 2005, the District started promoting the use of Best Management Practices to control mercury discharges from dental practices. in 2007, the District began requiring alt amalgam - generating dental practices In our servke area to Install amalgam separators (equipment that prevents mercury from going down the drain and mixing with the rest of the dental office's wastewater that enters the sewer). Nearly 100 percent of local dentists have now installed the new equipment, and we've achieved a dramatic reduction of mercury in wastewater received at our treatment plant as a result: more than 50 percent[ We commend and thank the dentists who have taken this important step to help protect our water environmentl Is your Business "Green "? Apply for a Pollution Prevention Award! Every year Central Contra Costa Sanitary District publicly recognizes local businesses that are taking proactive steps to prevent pollution and protect the environment. These steps include: • Changing products or procedures to use fewer toxic materials. • Using new technologies or processes to keep contaminants out of the sewer or storm drains. • Educating employees or the public about ways to prevent water pollution. If your business is using such pollution prevention strategies within our service area (see map on back page), you can apply for our Pollution Prevention Award. There is no entry fee. If your business is selected for a Pollution Prevention Award, it will be publicized in local newspapers 15 (including the Contra Costa Times), on our web site, and in the next issue of this newsletter. You will also receive a framed certificate that lets customers know your business is protecting the environment. To apply for this award, call (925) 229 -7116 to request an application form, or download one from www. centralsan.org. Applications must be received by July 31, 2008. CONS COSTA SANITARY OI R CENTRAL CONTRA STR! The I IC d' I 111V About CCCSD Our mission is to protect public health and the environment. We do this by collecting and treating wastewater, providing recycled water, and promoting pollution prevention. Our treatment plant in Martinez collects and treats an average of 45 million gallons of wastewater every day. Some highly treated wastewater is recycled for irrigation use on golf courses and parks, and the rest is safely released into Suisun Bay. We also operate a Household Hazardous Waste Collection Facility that allows our customers to safely dispose of hazardous materials. + Where to Can... General information (925) 228 -9500 or www.centralsan.org Sewer overflows (925) 933-0955 or 933 -0990 (When there's an overflow in the street or a backup in your home, call this number and in most cases, a Crew will be there within an hour.) Treatment Plant InfoLine (Report Odors) (925) 335 -7703 Household Hazardous Waste InfoLine (800) 646 -1431 Sewer connection permits (925) 229-7371 To report illegal discharges into sewer system (925) 229 -7288 (during business hours) (925) 229-7214 (after hours) Job Hotline (925) 229 -7109 or www.centralsan.org Student Education Programs (925) 229-7310 or www.centralsan.org Public InfoLine (925) 335 -7702 or www.centralsan.org Past issues of the 'Pipeline' are available on our web site: http:// www. centralsan .org/education /pubikations.htmi Board of Directors Gerald R. Lucey, President Barbara D. Hockett, President Pro Tern - James A. Nejedly, Board Director Michael R. McGill, Board Director - Mario M. Menesini, Board Director Board meetings are open to the public and are generally held on the 1 st and 3rd Thursday of each month at 2 p.m. in the CCCSD Board Room, 5019 Imhoff Place, Martinez. James M. Kelly, General Manager ,fV�' Central Contra Costa Sanitary District Health Protecting Public and the Environment 5019 Imhoff Place, Martinez, CA 94553 CCCSD serves 448,737 people w/thln its 140 - square -mile service area - Sewage collection and wastewater treatment (and HHW collection service) for 314,437 people Wastewater treatment for 134,300 residents in Concord and Clayton by contract and HHW collection service HHW collection service only CCC5D's Headquarters, treatment plant. and HHW Collection Facility are located in Martinez . CCC5D-s collection system Operations Department (sewer maintenance) is based in Walnut Creek The Central Contra Costa sanitary District PIPELINE Printed and designed by the CCCSD Communication Services Division using desktop publishing. This newsletter is published periodically to provide useful information to our customers and those in the Mt. View Sanitary District. 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Craig June 19, 2008 I) CONCERNS WITH AMMONIA ❑ Ammonia /ammonium ion (NH3 /NH4 +) dependent on pH and temperature ❑ NH3 (un- ionized) is toxic to aquatic life ❑ Excess ammonia can cause algae blooms ❑ May restrict phytoplankton development 1 �����IIIIIII CCCSD SECONDARY TREATMENT PROCESS ❑ 20 mg /L effluent ammonia ❑ No effluent ammonia limit in current permit ❑ Ambient ammonia limits in Suisun Bay • Chronic: 0.025 mg /L (1) • Acute: 0.4 mg /L (1) ❑ Consistent compliance 0) As un- ionized ammonia 2012 NPDES PERMIT ❑ New effluent ammonia limits • Chronic: 64 mg /L • Acute: 160 mg /L ❑ Actual outfall dilution allowed ❑ Results of recent dilution study • Annual average (chronic): 52:1 • Peak hour (acute): 28:1 ❑ Mn apparent compliance concerns 2 ����IIIIIIII RECENT AMMONIA STUDIES IN SAN FRANCISCO BAY ❑ Contra Costa Times article ❑ Ammonia limits phytoplankton growth ❑ Prevents uptake of nitrates ❑ Very low ammonia concentration causes growth inhibition (0.018 to 0.059 mg /L) ❑ Study needs peer review and validation IIIOTHER RECENT ACTIONS ❑ EPA considering revising ammonia acute toxicity criteria ❑ Natural Resource Defense Council (NRDC), et al, filed a petition for rulemaking under the Clean Water Act • Request EPA to issue nitrogen and phosphorus removal requirements • Contention: Nutrient removal is technologically and economically feasible as a secondary treatment standard • NACWA is meeting with EPA to discuss petition 3 IIIMPACTS OF NITRIFICATION ❑ Conventional technology • More aeration tanks and clarifiers • Larger or more aeration blowers • Previous cost estimates > $50m ❑ New or emerging technologies may offer cost savings (membrane bioreactors) ❑ Engineering evaluating planning level options in case of regulatory changes ���IIIIIIIII SOME BENEFITS OF NITRIFICATION ❑ Eliminates ammonia concern by refineries for recycled water ❑ Lowers sludge production, resulting in greater solids handling capacity ❑ Increases removal of some pharmaceuticals and endocrine disruptors ❑ Improves effluent clarity, resulting in improved disinfection 4 II SUMMARY ❑ The current direction of the RWQCB to develop effluent ammonia limits does not appear to cause compliance concerns ❑ Staff will continue to monitor regulatory actions on: ■ Nitrification / nutrient removal ■ Ammonia impacts on phytoplankton development in the San Francisco Bay 6' Agenda Item 6.a.3) Board Meeting of June 19, 2008 Written Announcements: District Upcoming Events/Meetings a) Student Summer Picnic The student summer picnic will be held on Wednesday, July 9, 2008 from 12:00 p.m. to 1:30 p.m. at Hidden Valley Park on Center Avenue in Martinez. If you plan to attend, contact Secretary of the District Elaine Boehme. Conferences/Trainings /Staff Away from the District b) General Manager's Summer Vacation Schedule General Manager Jim Kelly will be away from the District on vacation from June 23 to June 27, 2008 and from July 14 to August 5, 2008. During his absence in June, Director of Administration Randy Musgraves will serve as Acting General Manger. During his absence from July to August, Director of Engineering Ann Farrell will serve as Acting General Manager. c) Management Training Opportunity Director of Engineering Ann Farrell has submitted a request to utilize her accumulated Management Training and Education funds to attend the Bi- Annual International Water Association World Water Congress and Exhibition in Vienna, Austria from September 7 -12, 2008. This bi- annual Congress is the only one of its kind in the world and brings together water professionals from all corners of the world to discuss the latest information on water science, research, practice, and management. Because other parts of the world are much more densely developed than the United States, for example Europe and Japan, or have much scarcer water supplies, for example Australia and Africa, these areas of the world tend to be leaders in water science by necessity. This Congress has workshops on climate change, explosive population growth, the global sanitation crisis, and urbanization as well as emerging breakthroughs in biotechnology and applied research on removal of emerging contaminants from wastewater and drinking water. There is also a regional focus on the Danube River included in some of the sessions. Ms. Farrell will share her experiences with the District Board and staff as she did when she attended the last Bi- Annual Congress in Beijing, China. The estimated cost of this trip is $4000 to $4500, depending on the euro /dollar exchange rate. Ms. Farrell has $6000 accumulated in her Management Training account. In order to take advantage of the early registration fee incentive price, Ms. Farrell needs to register by July 1, 2008. Project Related /Meeting Updates d) CSO Walnut Creek Planning Commission Meeting Update On Tuesday June 10, 2008, the Walnut Creek Planning Commission held a public hearing to consider approval of our application for a Use Permit, Tree Removal Permit, and the adopted Mitigated Negative Declaration for the Collection System Operations Facility Improvements Project. Walnut Creek Senior Planner Jeremy Lochirco made a very thorough presentation describing the facility. The presentation included the improvements in landscaping, parking, and circulation that the District has made in response to comments from the Walnut Creek Design Review Commission. Director of Engineering Ann Farrell made a brief statement about the function and need for the facility, and answered questions from the Commissioners. The Commissioners were very complimentary of the proposed facility and voted unanimously to approve it for final review by the Walnut Creek Design Commission, which is scheduled for July 16, 2008. Staff will make some Design Commission recommended minor additions to the drawings to add some trees along the frontage of Springbrook Road, lower some planned light fixtures to reduce light off site, and add approximately $3000 value of oak trees to offset the cutting down of one heritage oak. District staff is very pleased with the progress so far, and the positive review and comments from the City of Walnut Creek staff and the Commissioners. We will next update the Board following the July 16, 2008 meeting. e) Advertisement for South Orinda Sewer Renovation (Phase 3) DP 5985 The South Orinda Sewer Renovations (Phase 3) project is part of the ongoing Collection System Renovation Program. This phase focuses on sewers in Orinda south of Rheem Blvd. The project will replace approximately 6,700 linear feet of 6- and 8 -inch sewer lines within public right -of -way. Both open -cut and pipeburst methods will be used. This project will be advertised on July 1 and July 10, 2008. Bids will be opened on July 22, 2008. The construction cost is currently estimated at $1,400,000. More information will be presented when the Board is asked to approve the construction contract on August 7, 2008. General Updates f) Collection System Operations Smoke Testing Contract Status The District is currently seeking Requests for Quotations for specialize sewer inspection and maintenance work. Examples of specialized maintenance include smoke testing, manhole epoxy and cement repair, crown spraying, chemical root treating, trenchless spot repair, and air and vacuum testing. This is a new approach, combining 12 types of sewer inspection maintenance activities or services under one contract. The contract will also provide additional resources for emergency repair response. Staff will evaluate the cost effectiveness and simplicity upon receipt and analysis of the quotations. g) Nextel Hands Free Vehicle Code Section 23123, effective July 1, 2008, requires the District to ensure employees do not drive while operating a cell phone by hand. The District is installing kits in twenty -five specified District vehicles in order to allow staff to perform work related business while operating a vehicle. The District's Safety Directive has been modified to prohibit employees from driving and operating a cellular phone by hand. The District will be in compliance with the new law by the effective date. h) San Ramon Household Hazardous Waste Collection Event On Saturday, June 7th, the District conducted a mobile household hazardous waste collection event in San Ramon. The event was from 9:00 a.m. to 2:00 p.m. and served a total of 463 participants. Of this total, 367 residents were from San Ramon, 88 residents were from Danville, 7 residents were from unincorporated areas (Alamo, Diablo, etc.), and 1 resident was from Walnut Creek. The event went smoothly and was very successful. All participants seemed very pleased. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 19, 2008 No.: 7.a. Administrative Type of Action: Subject: BOARD MEMBER CONFERENCE AND MEETING ATTENDANCE APPROVAL PROCESS Submitted By: Initiating DeptJDiv.: REVIEWED AND RECOMMENDED FOR BOARD ACTION: V-� 4 �A— 4 PA E. Boehme K. Alm mes M. telly, Secretary of the District Counsel eneral Manager District ISSUE: Board Members requested that the current process for Board approval of Board Member conference attendance and attendance at other meetings be reviewed to ensure transparency for the public and to comply with AB 1234, and to determine if revisions are appropriate. The Budget and Finance Committee reviewed the process on May 12, 2008 and made recommendations for Board consideration. RECOMMENDATION: Consider the current process and adopt the attached resolution and policy which sets forth the process for approval and reporting of Board Member conference /meeting attendance. FINANCIAL IMPACTS: $44,000 has been budgeted for fiscal year 2008 -09 for Board Member conference attendance at California Association of Sanitation Agencies (CASA), California Special Districts Association (CSDA), Water Environment Federation Technical Conference (WEFTEC), and other miscellaneous conferences that may be requested and approved throughout the year. It also includes reimbursement for attendance at local meetings. Reimbursement will be in accordance with adopted Board policies. ALTERNATIVES /CONSIDERATIONS: Do not revise the current practice, or consider a greater degree of advance notification prior to attendance. BACKGROUND: It has been suggested that, to improve transparency, a more visible process be established for approval of Board Member conference and meeting attendance. The Board Budget and Finance Committee (McGill /Nejedly) reviewed the current process on May 12, 2008 with that in mind. Currently, Board Member conference attendance is included and approved in the District budget, and Board Members report out at a Board Meeting upon their return from the conference, in compliance with AB 1234. They also report out at a Board Meeting following their attendance at other local meetings for which they receive a stipend or reimbursement. POSITION PAPER Board Meeting Date: June 19, 2008 Subject: BOARD MEMBER CONFERENCE AND MEETING ATTENDANCE APPROVAL PROCESS $44,000 has been budgeted for Board Member conference and meeting attendance for fiscal year 2008 -09. Each conference can cost up to approximately $2,000. Following a review of the current policy and consideration of various options provided by staff, the Budget and Finance Committee recommended that two changes be made to the current process: (1) In addition to inclusion in the budget, Board Member conference /meeting attendance and the dollar amount budgeted will be highlighted as part of the budget process and presentation. (2) Board Members will announce at a Board Meeting, in advance, their attendance at any upcoming conferences that have been approved in the budget. Any additional conferences a Board Member may wish to attend that were not listed in the budget will need separate Board approval in advance. Board Members will also, when timing permits, announce in advance their attendance at local business meetings, including but not limited to Contra Costa Mayors' Conference meetings and Contra Costa Council events. Each Board Member will continue providing reports at a Board Meeting following the event on his or her conference /meeting attendance, in compliance with AB 1234. For fiscal year 2008 -09, Board Members indicated interest in attending the following conferences: CASA August 20 -23, 2008, Monterey Barbara Hockett (stipend for 2 Exec Board meetings) Mike McGill January 7 -10, 2009, Indian Wells March 2009, Washington, DC April 29 — May 2, 2009, Napa Barbara Hockett (stipend for 2 Exec Board meetings) Mike McGill Barbara Hockett Jerry Lucey Barbara Hockett (stipend for 2 Exec Board meetings) Mike McGill POSITION PAPER Board Meeting Date: June 19, 2008 subject BOARD MEMBER CONFERENCE AND MEETING ATTENDANCE APPROVAL PROCESS California Special Districts Association September 22 -25, 2008, Irvine Mike McGill (stipend for each day attended) Water Environment. Federation Technical Conference October 18 -22, 2008, Chicago Barbara Hockett Mike McGill This totals 11 individual conference attendances, each of which can cost up to approximately $2,000. Additional money has been budgeted in the event that Board Members may ask to attend other conferences throughout the year. The attached Exhibit A sets forth the requirements and approvals for conference and meeting attendance, and reporting requirements, in compliance with AB 1234. Exhibit A has been revised since the June 2, 2008 Budget and Finance Committee meeting in order to provide additional clarity. RECOMMENDED BOARD ACTION: Approve the revisions to the current process for Board Member conference /meeting attendance, as recommended by the Budget and Finance Committee. Adopt the Resolution and Exhibit A. RESOLUTION NO. 2008- A RESOLUTION SETTING FORTH PROCEDURES FOR APPOINTMENT TO AND ESTABLISHMENT OF BOARD COMMITTEES AND MEETING COMPENSATION REQUIREMENTS FOR BOARD MEMBERS WHEREAS, Section 6489 of the California Health and Safety Code provides that compensation be paid to Board Members for each day's attendance at meetings of the Board or for each day's service rendered as a Director by request of the Board; and WHEREAS, in accordance with the Health and Safety Code and the California Water Code Sections 20200 et seq., Ordinance 241 was adopted on February 15, 2007, setting the Board compensation at $221 per approved meeting, not to exceed more than one meeting per day and six meetings per calendar month; and WHEREAS, in accordance with Section 2.04.020 of the District Code, when the Board considers it necessary for the efficient transaction of business, it may approve the creation of a committee for the purpose of reviewing, investigating, and recommending with reference to a particular matter; and the President shall appoint the members of said committee and shall have the authority to appoint an ad hoc committee or representative to similarly act pending a Board Meeting; and WHEREAS, the President may name an alternate to serve in the absence of an appointed Committee Member or District representative, and such alternate shall receive the compensation previously set forth; and WHEREAS, the Board has deemed it necessary for the efficient operation of the District to appoint Board Members to represent the District on various commissions, committees and joint powers authorities, and to act as liaisons to cities and the County; and WHEREAS, in accordance with AB 1234, the Board hereby adopts the attached policy (Exhibit A) which sets forth meeting compensation, reimbursement and reporting requirements and approval process for Board Member attendance at meetings and conferences; and WHEREAS, in accordance with AB 1234 and to encourage participation and attendance at conferences and organizations which serve the interests of and provide benefit to the District, the Board has determined that Board Members may be compensated for each day's attendance at conferences and meetings listed in Exhibit A, Section 2; and WHEREAS, compensation may be approved for attendance at a meeting or conference not covered in Exhibit A to this Resolution if approved in advance by the Board; and WHEREAS, travel days to and from meetings or conferences are not compensable. NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors adopts Exhibit A as the Board Member conference and meeting attendance policy, and the President shall appoint Board Members to the standing committees and other appointments as listed in Exhibit A, Section 2. BE IT FURTHER RESOLVED, that meeting attendance slips for Board Members for the meetings listed above and for regular Board Meetings shall be approved by the Board President or, in his or her absence, the President Pro Tem. Meeting attendance slips for the Board President shall be approved by the President Pro Tem, or, in his or her absence, a Board Member designee. PASSED AND ADOPTED this 19th day of June, 2008, by the following vote: AYES: Members: NOES: Members: ABSTAIN: Members: Gerald R. Lucey President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Alm District Counsel EXHIBIT A This policy sets forth the requirements and approvals for conference and meeting attendance, and reporting requirements, in compliance with AB 1234 (Gov. Code §§ 53232 - 53232.4.) 1. Definitions Stipend (Also referred to as compensation). This is the compensation Board Members receive for attendance at meetings and conferences approved by the Board. The amount of the stipend is set by District ordinance in accordance with Health and Safety Code Section 6489 and California Water Code Sections 20200 et seq. Ordinance 241 was adopted on February 15, 2006, setting the Board compensation at $221 per approved meeting, not to exceed more than one meeting per day and six meetings per calendar month. This amount may be increased in future years as allowed by statute. Reimbursement. This is where the District either reimburses Board members after the fact or pays directly for Board Member expenses incurred due to attendance at approved conferences, business meetings, or certain other events. Reimbursement is separate from payment of the stipend. Reimbursement covers costs such as mileage, registration, meals and other travel - related expenses incurred to attend the meeting, conference or event in accordance with the District's Travel Policy. For certain meetings and conferences, Board Members may receive both the stipend and reimbursement for travel and other expenses. Meeting. In addition to the definition of "meeting" in the Brown Act (Gov. Code § 54952.2), for purposes of this policy, "meeting" also includes, for example, in- person conferences with public officials or staff of other governmental agencies, attendance at the public meetings of other governmental agencies, attendance at private entity meetings at which some issue of importance to the District is discussed, and attendance at training workshops, if related to District business. "Meeting" does not include, for example, phone calls, attendance at social events, dedications or receptions, or informal discussion of District issues. The definition of "meeting" for this policy is further limited to only those occasions where the Board member will be performing some official business of the District. 2. Meetings for which both the Stipend (Compensation) and Reimbursement is received Board Members are hereby authorized to receive the stipend and appropriate reimbursement (such as for mileage) for attending all Board of Director meetings and workshops, as well as Board Committee meetings when attending as a Committee member. The Board Committees include: • Budget and Finance Committee • Capital Projects Committee • Human Resources Committee • Outreach Committee • Recycled Water Committee • Household Hazardous Waste Committee • Real Estate Committee; and • Ad Hoc Committees appointed by Board Chair or established by Board In addition, the stipend and appropriate reimbursement will be paid to Board Members for each day's attendance as a representative of the District at the following meetings or conferences: • Board Liaison meetings with Cities and County • California Special Districts Association meetings — Contra Costa Chapter • Friends of the San Francisco Estuary meetings • Sanitation and Water Agencies of Contra Costa County meetings • Executive Board Meetings of the California Association of Sanitation Agencies (CASA), if serving as a member of the Executive Board; and • California Special Districts Association Conferences 3. Meetings for which Reimbursement only is received Board Members will also receive appropriate reimbursement for attending meetings as a representative of the District, or attending meetings which are related to District business and are of benefit to the District. These meetings include, but are not limited to, Contra Costa Mayors' Conference meetings, Contra Costa Council meetings, local Chamber of Commerce meetings within the District (other than as Board Liaison), attendance at local public official informational breakfasts or similar gatherings, meetings with Cities within the District, and other meetings where the topic is to promote inter - agency co- operation and partnerships between the District and other public entities. Appropriate reimbursement for attendance at Board meetings and events, other than those requiring out of area attendance, refers to the reimbursement of expenses for only mileage, parking, registration, meals, and other actual and necessary expenses. 4. Approval Process Meetings for which Stipend is received Payment of stipend for attendance at the meetings, conferences and events listed in Section 2 above is preapproved. Payment of stipend for attendance at any other meetings or events requires prior Board approval. Conferences Board Members will indicate which conferences they wish to attend in advance of each fiscal year. These will be included and highlighted clearly during the budget process and approved as part of the budget. Any conferences not included and approved in the budget must be approved by the Board in advance, as required by AB 1234. Meetings for which Reimbursement is received Sections 2 and 3 above set forth the meetings that Board Members may attend and receive reimbursement, without additional specific Board preapproval. 5. Reporting Process Board Members will announce, in advance, when timing permits, their attendance at upcoming conferences or other meetings for which they seek to receive the stipend and /or reimbursement. Board Members will also provide a brief report at the meeting following their return on their meeting or conference attendance, in compliance with AB 1234. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 19, 2008 No.: 8.a. Engineering Type of Action: APPROVE AMENDMENT subject: APPROVE AN AMENDMENT TO THE AGREEMENT WITH RUGGERI- JENSEN-AZAR & ASSOCIATES FOR ANNEXATION EXHIBIT PREPARATION TO INCREASE THE COST CEILING TO $100,000 AND EXTEND THE TERM OF THE AGREEMENT Submitted By: Initiating Dept /Div.: Jarred Miyamoto - Mills, Principal Engineer Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: M� — &&::� J. M amoto Mills C. S anson A. Farrell James M elly eneral manager ISSUE: Board of Directors' approval is required to execute amendments to agreements beyond staff authority limits. RECOMMENDATION: Approve an amendment to the technical services agreement with Ruggeri- Jensen -Azar & Associates for annexation exhibit preparation to increase the cost ceiling from $50,000 to $100,000 (Agreement No. 34423). FINANCIAL IMPACTS: The amendment would increase the cost ceiling for this agreement from $50,000 to $100,000. The cost of annexation processing is recovered from property owners through an "Annexation Charge" at the time of connection. ALTERNATIVES /CONSIDERATIONS: The Board could decline approval of the amendment. This would necessitate that District staff or another consultant prepare exhibits for annexation applications or that clearing of the annexation backlog be deferred. BACKGROUND: Over the past year, staff has been working to eliminate the backlog of annexations that developed during the three -year discussion with State Board of Equalization staff, LAFCO staff, and the County Surveyor regarding optimizing annexation processing and developing a streamlined format for application exhibits including geographical descriptions and maps. During this fiscal year, two annexations (DA 168B and DA 166) including a total of 266 properties have been completed. A third annexation application (DA 171) including 73 properties was initiated on June 5, 2008. in addition, four more annexation applications including about 500 properties are being prepared, and are tentatively scheduled for Board consideration over the next five months. To complete the backlog elimination program, work on two additional annexation applications will begin shortly for subsequent Board consideration in late 2008. N: \ENVRSEC \Position Papers \Miyamoto- Mills\2008 \PP RJA Amendment 6- 19- 08.doc POSITION PAPER Board Meeting Date: June 19, 2008 Subject: APPROVE AN AMENDMENT TO THE AGREEMENT WITH RUGGERI- JENSEN-AZAR & ASSOCIATES FOR ANNEXATION EXHIBIT PREPARATION TO INCREASE THE COST CEILING TO $100,000 AND EXTEND THE TERM OF THE AGREEMENT Because of the large number of properties in the backlog, staff requested proposals for preparation of exhibits for annexation applications from firms with demonstrated capabilities in annexation processing, particularly in the areas of map and geographical descriptions and environmental planning. Two firms were engaged under staff authorized agreements to provide these services. The billings under the agreement with Ruggeri- Jensen -Azar & Associates (RJA) are nearing the agreement cost ceiling of $50,000. RJA has been very efficient at producing the needed exhibits, and staff proposes amending the current agreement to increase the cost ceiling from $50,000 to $100,000 and extend the term through the next fiscal year. A Position Paper with a similar recommendation to amend the agreement for the second firm is included in the agenda for the June 19, 2008 meeting. RECOMMENDED BOARD ACTION: Approve an amendment to the technical services agreement with Ruggeri- Jensen -Azar & Associates for annexation exhibit preparation to increase the cost ceiling from $50,000 to $100,000 (Agreement No. 34423). WENVRSEMPosition Papers \Miyamoto- Mi11s\2008 \PP RJA Amendment 6- 19- 08.doc Item 8a & 8b Central Contra Costa Sanitary District Status of the Annexation Backlog Elimination Program Jarred Miyamoto -Mills June 19, 2008 The Situation (...as of August 2007) • Last completed annexation (DA 165) - 2006. • A backlog of unprocessed annexation petitions for -180 properties. • Of these, -65 properties are connected to the CCCSD sewer system. • The oldest unprocessed petition: 1999. How did the backlog develop? CCCSD's "Proposed Annexation" process historically allowed connections to sewer pending annexation processing. Assessor's Office request that DAs have no more than 5 -10 annexation areas ( -30 -40 properties). • 3 -year discussion with SBE staff, LAFCO staff and County Surveyor regarding optimizing process and format for geographical descriptions and maps. What has been done to clear the backlog? • Ongoing consultation with the LAFCO Executive Director. • Two consultants engaged to help District staff prepare DA application packages. • Two annexations have been completed (DA 168 B & DA 166: 267 properties). • One additional annexation initiated on June 5,2008 (DA 171: 72 properties). • Board consideration of one annexation application per month for the next six months ( -600 properties) 2 Annexation "Islands" • Backlogged properties are combined with adjacent and surrounding unannexed properties to eliminate islands. Suggested by LAFCO for efficiency. Cost effective since costs for an "Annexation Area" is similar whether one property or 50 properties (or more) are included. • Possibility that some owners may object to annexation of their properties. Questions...? _N F- CL �QZZ :2 �+i Wiz- woa�o �_ o40 c w Z Z U H _c O C V Z d' O w (N O Q Q N m O V N Iq m H Q (WZNH,8 2,-"i a OZ- La O_NQQO o y�� m Q LL C3 _o r, c ^� z Nt o W CL (n Z Z O'EN (D N Q x Z F Q N J M X N H W �CLmmw m ao r = Kp IY -M OwUQ� a � f WQt > -Alt NaF -moJ Q JQ w =D w NNN a Z U c> CL m � m F NwOwowwO °' S �L1 J LLJ �tLma mt� a w a v+ C7 z U w m G c� z - m z° E ,g a C 0Li zdc� z a� o� UmU O a ly ly o LY Z OOZo�., �� , U• Z 2 y > W O� a 0: 0. w s ao /p I O� ti a O C5 o d ai z o I 0 8 t ° N tn ,o 0 o a m • d a /pI ry0� ti O� a om o � i^ rn n Cl ...J I C4 c� i 1 / \ iaa My sae4s eooaiais ewer- e[t- va�a- da�ssmd uoaw�«uv�sooceo�eooanoh� Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 19, 2008 No.: 8.b. Engineering Type of Action: APPROVE AMENDMENT subject: APPROVE AN AMENDMENT TO THE AGREEMENT WITH CARLSON, BARBEE & GIBSON, INCORPORATED FOR ANNEXATION EXHIBIT PREPARATION TO INCREASE THE COST CEILING TO $100,000 AND EXTEND THE TERM OF THE AGREEMENT Submitted By: Initiating Dept /Div.: Jarred Miyamoto - Mills, Principal Engineer Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION. J. liyamoto -Mills C1 Swanson Farrell ames M. jelly General Ma ager ISSUE: Board of Directors' approval is required to execute amendments to agreements beyond staff authority limits. RECOMMENDATION: Approve an amendment to the technical services agreement with Carlson, Barbee & Gibson, Incorporated for annexation exhibit preparation to increase the cost ceiling from $50,000 to $100,000 (Agreement No. 33111). FINANCIAL IMPACTS: The amendment would increase the cost ceiling for this agreement from $50,000 to $100,000. The cost of annexation processing is recovered from property owners through an "Annexation Charge" at the time of connection. ALTERNATIVES /CONSIDERATIONS: The Board could decline approval of the amendment. This would necessitate that District staff or another consultant prepare exhibits for annexation applications or that clearing of the annexation backlog be deferred. BACKGROUND: Over the past year, staff has been working to eliminate the backlog of annexations that developed during the three -year discussion with State Board of Equalization staff, LAFCO staff, and the County Surveyor regarding optimizing annexation processing and developing a streamlined format for application exhibits including geographical descriptions and maps. During this fiscal year, two annexations (DA 168B and DA 166) including a total of 266 properties have been completed. A third annexation application (DA 171) including 73 properties was initiated on June 5, 2008. in addition, four more annexation applications including about 500 properties are being prepared, and are tentatively scheduled for Board consideration over the next five months. To complete the backlog elimination program, work on two additional annexation applications will begin shortly for subsequent Board consideration in late 2008. N: \ENVRSEC \Position Papers \Miyamoto- Mills\2008 \PP CB &G Amendment 6- 19- 08.doc POSITION PAPER Board Meeting Date: June 19, 2008 Subject. APPROVE AN AMENDMENT TO THE AGREEMENT WITH CARLSON, BARBEE & GIBSON, INCORPORATED FOR ANNEXATION EXHIBIT PREPARATION TO INCREASE THE COST CEILING TO $100,000 AND EXTEND THE TERM OF THE AGREEMENT Because of the large number of properties in the backlog, staff requested proposals for preparation of exhibits for annexation applications from firms with demonstrated capabilities in annexation processing, particularly in the areas of map and geographical descriptions and environmental planning. Two firms were engaged under staff authorized agreements to provide these services. The billings under the agreement with Carlson, Barbee & Gibson, Incorporated (CB &G) are nearing the agreement cost ceiling of $50,000. CB &G has been very efficient at producing the needed exhibits, and staff proposes amending the current agreement to increase the cost ceiling from $50,000 to $100,000 and extend the term through the next fiscal year. A Position Paper with a similar recommendation to amend the agreement for the second firm is included in the agenda for the June 19, 2008 meeting. RECOMMENDED BOARD ACTION: Approve an amendment to the technical services agreement with Carlson, Barbee & Gibson, Incorporated for annexation exhibit preparation to increase the cost ceiling from $50,000 to $100,000 (Agreement No. 33111). WENVRSEC \Position Papers\Miyamoto- MiIIs\2008TP CB &G Amendment 6- 19- 08.doc