HomeMy WebLinkAbout7/3/2008 AGENDA BACKUPCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 3, 2008
Type of Action: ADOPT RESOLUTION
No.: 3.c. Consent Calendar
subject: ADOPT A RESOLUTION OF APPLICATION REQUESTING THAT CONTRA
COSTA LAFCO INITIATE PROCEEDINGS TO ANNEX FOURTEEN ANNEXATION
AREAS TO THE DISTRICT (DISTRICT ANNEXATION 170)
Submitted By Initiating Dept. /Div.:
Jarred Miyamoto - Mills, Principal Engineer Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
0 � A� .. /
J. Miyamoto -Mills C. Swanson A. Farrell K. Alm General Manager
ISSUE: A Board of Directors' Resolution of Application is required to initiate Local
Agency Formation Commission ( LAFCO) annexation proceedings.
RECOMMENDATION: Adopt a Resolution of Application to initiate LAFCO proceedings
for District Annexation 170, including the finding that annexation of each property in
Annexation Parcels 170 -1 through 170 -14 is exempt from CEQA under District CEQA
Guidelines Section 15319.
FINANCIAL IMPACTS: The District incurs costs to prepare annexation applications
and pays fees to LAFCO and the State Board of Equalization for annexation processing.
Annexation costs are recovered as "annexation charges" when property is connected to
the public sewer system.
ALTERNATIVES /CONSIDERATIONS: The Board could decline to initiate annexation
of these areas, which would require that the property owner apply directly to LAFCO for
annexation to the District.
BACKGROUND: The owners of 66 properties in Alamo have either submitted petitions
to the District for annexation or signed a Contractual Assessment District agreement
requesting annexation. These properties were organized into fourteen "annexation
areas" that include an additional 122 adjacent or surrounding unannexed properties to
eliminate "islands" within District boundaries. Of the 188 properties proposed for
annexation, 36 are connected to the District's collection system. All of the annexation
areas are within the District's Sphere of Influence and the County Urban Limit Line. The
vicinity of each annexation area is shown on Attachment 1.
Annexation Area170 -1 is comprised of four existing single - family homes on Casa
Vallecita.
Annexation Area 170 -2 is comprised of one existing single - family home on Finley Lane.
N: \ENVRSEC \Position Papers \Miyamoto- Mills\2008 \PP Adopt Res LAFCO Annexation DA 170 7- 3- 08.doc Page 1 of 3
POSITION PAPER
Board Meeting Date: July 3, 2008
subject: ADOPT A RESOLUTION OF APPLICATION REQUESTING THAT CONTRA
COSTA LAFCO INITIATE PROCEEDINGS TO ANNEX FOURTEEN ANNEXATION
AREAS TO THE DISTRICT (DISTRICT ANNEXATION 170)
Annexation Area 170 -3 is comprised of 83 existing single - family homes, three vacant
lots and six governmental parcels on Pine Tree Drive, Finley Lane, Jackson Way, North
and South Jackson Way, Via Don Jose, Cedar Lane, Orchard Court, Linden Court, and
Lyman Lane. 16 of the properties in this annexation area participated in the Via Don
Jose Contractual Assessment District (CAD 2006 -6).
Annexation Area 170 -4 is comprised of one single - family home on Laurenita Way.
Annexation Area170 -5 is comprised of one single - family home on Gaywood Way.
Annexation Area 170 -6 is comprised of five single - family homes on Alvern Court and
Las Trampas Road.
Annexation Area 170 -7 is comprised of three single - family homes on Linhares Lane and
Las Trampas Road.
Annexation Areal 70-8 is comprised of three existing single - family homes on Via
Serena.
Annexation Area 170 -9 is comprised of 15 existing single - family homes on Via Serena
and Denyce Court.
Annexation Area 170 -10 is comprised of six existing single - family homes on Holiday
Drive and La Serena Avenue.
Annexation Area 170 -11 is comprised of 28 existing single - family homes on La Sonoma
Way and Holiday Drive.
Annexation Area 170 -12 is comprised of six existing single - family homes and one
governmental parcel on Danville Boulevard and Livorna Road West.
Annexation Area 170 -13 is comprised of one existing single - family home on Laurenita
Way.
Annexation Area 170 -14 is comprised of two existing single - family homes on Laurenita
Way.
District staff has concluded that annexation of each property in Annexation Parcels
170 -1 through 170 -14 is exempt from CEQA under District CEQA Guidelines Section
15319, since they involve annexation of existing facilities or lots for exempt facilities.
N: \ENVRSEC \Position Papers \Miyamoto- Mills\2008 \PP Adopt Res LAFCO Annexation DA 170 7- 3- 08.doc Page 2 of 3
POSITION PAPER
Board Meeting Date: July 3, 2008
subject. ADOPT A RESOLUTION OF APPLICATION REQUESTING THAT CONTRA
COSTA LAFCO INITIATE PROCEEDINGS TO ANNEX FOURTEEN ANNEXATION
AREAS TO THE DISTRICT (DISTRICT ANNEXATION 170)
Adoption of the recommended resolution will establish the Board of Directors'
independent finding that annexation of these properties is exempt from CEQA.
RECOMMENDED BOARD ACTION: Adopt a Resolution of Application to initiate
LAFCO proceedings for District Annexation 170, including the finding that annexation of
each property in Annexation Parcels 170 -1 through 170 -14 is exempt from CEQA under
District CEQA Guidelines Section 15319.
N: \ENVRSEC \Position Papers \Miyamoto- Mills\2008 \PP Adopt Res LAFCO Annexation DA 170 7- 3- 08.doc Page 3 of 3
RESOLUTION NO. 2008 -
A RESOLUTION OF APPLICATION BY CENTRAL CONTRA COSTA
SANITARY DISTRICT REQUESTING THAT THE CONTRA COSTA COUNTY LOCAL
AGENCY FORMATION COMMISSION INITIATE PROCEEDINGS FOR A CHANGE OF
ORGANIZATION (DISTRICT ANNEXATION NO. 170)
WHEREAS, the Central Contra Costa Sanitary District (CCCSD) proposes to initiate
proceedings pursuant to the Cortese - Knox - Hertzberg Local Government Reorganization
Act of 2000 for a change of organization; and
WHEREAS, the change of organization is proposed for the following reasons:
1) The owners of sixty -six (66) properties within the areas proposed to be
annexed have either submitted a "Petition for Annexation" to CCCSD or
signed the Via Don Jose Contractual Assessment District (CAD 2002 -6)
agreement;
2) One hundred twenty -two (122) properties have been included as a "fill -in"
parcels to streamline staff work and avoid the creation of new islands
inside CCCSD boundaries;
3) All of the properties are within the CCCSD Sphere of Influence, as
previously approved by LAFCO;
4) All of the properties are within the Contra Costa County Urban Limit Line;
5) CCCSD will assume responsibility, upon annexation, for maintenance and
operation of public sewer facilities required to provide service to the areas
proposed to be annexed;
6) CCCSD requires that all served properties annex to the District (CCCSD
Standard Specifications Section 3 -07); and
7) No other sewering agency can reasonably serve these areas.
WHEREAS, the proposed change in organization consists of fourteen "single areas"
(as defined by the State Board of Equalization) generally adjacent to the existing District
boundary, as shown and described on the maps and geographical descriptions attached
hereto as Exhibits 170 -1 through 170 -14 and by this reference incorporated herein,
comprising a total of 134 acres, more or less; and
WHEREAS, Contra Costa County is the only affected county (the areas proposed
for annexation to CCCSD are in the unincorporated territory of the County known as
Alamo); and no other sewering agencies are involved; and
WHEREAS, the area proposed for annexation to CCCSD is inhabited (12 or more
registered voters; and
WHEREAS, if the annexation were approved, all of the provisions of the CCCSD
Code would become applicable to the properties annexed including the requirement that
annexation charges be collected at the time of connection to the public sewer system; and
WHEREAS, staff has concluded that annexation of each of the properties included
in Annexation Parcel areas 170 -1 through 170 -14 is exempt from the California
Environmental Quality Act (CEQA); and
NOW, THEREFORE BE IT RESOLVED by the Board of Directors of the Central
Contra Costa Sanitary District as follows:
THAT CCCSD staff is directed to submit this Resolution of Application requesting
that the Contra Costa County Local Agency Formation Commission (LAFCO) initiate
annexation proceedings for the fourteen areas shown and described in Exhibits 170 -1
through 170 -14 hereof, as authorized and in the manner required under the
Cortese- Knox - Hertzberg Reorganization Act of 2000, together with a complete application
package including all other required information, geographical descriptions, maps, forms,
questionnaires, indemnification agreement, fees, and a mailing list of affected property
owners, and of all other property owners and registered voters who reside within 300 feet of
each of the proposed annexation areas.
THAT it is not the policy of CCCSD to use its power under Health and Safety Code
Section 6520 to compel property owners to connect their properties to the public sewer
system involuntarily.
THAT adoption of this resolution will establish the CCCSD Board of Directors'
independent finding that annexation of each of the properties shown and described in
Exhibits 170 -1 through 170 -14 hereto is exempt from CEQA.
THAT CCCSD staff is directed to file any necessary CEQA documents with Contra
Costa County.
PASSED AND ADOPTED this 3�d day of July 2008, by the Board of Directors of the
Central Contra Costa Sanitary District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
Gerald R. Lucey
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine R. Boehme, Secretary
Central Contra Costa Sanitary District
County of Contra Costa, State of California
APPROVED AS TO FORM:
Kenton L. Alm
District Counsel
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 3, 2008
Type of Action: INFORMATIONAL
No.: 3.d. Consent Calendar
subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE ALHAMBRA VALLEY
TRUNK SEWER, DISTRICT PROJECT 5919
Submitted By: Initiating Dept /Div.:
Nancy Molina, Assistant Engineer Engineering /Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
N. Molina
foo-
A. Rozul
n1ly
cki
I ME
A. Farrell
41m . Kelly,
General Manager
ISSUE: All work has been completed on the Alhambra Valley Trunk Sewer, District
Project 5919, 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 Collection System Program. Attachment 1 shows the project expenditures by
category.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: Due to permitting issues with the National Park Service, the
Alhambra Valley Trunk Sewer Project was constructed in two phases. On July 6, 2006,
the Board of Directors authorized the award of a construction contract for Phase 1 of
the work to Mountain Cascade, Inc. The Contractor was issued a Notice to Proceed
that was effective July 24, 2006, with a completion date of September 29, 2006.
Phase 1 was accepted by the Board on October 19, 2006. On July 19, 2007, the Board
of Directors authorized the award of a construction contract for Phase 2 of this project
to Marques Pipeline, Inc. The Contractor was issued a Notice to Proceed that was
effective September 24, 2007, with a completion date of February 15, 2008. The
project was accepted by the Board on February 21, 2008.
The original construction contract amount for Phase 1 was $1,554,280. There were
three (3) construction change orders issued in the total amount of $10,000. The total
amount paid to the Contractor was $1,539,080 for Phase 1. The original construction
contract amount for Phase 2 was $774,965. There were three (3) construction change
orders issued in the total amount of $4,825. The total amount paid to the Contractor
was $782,208 for Phase 2. The Alhambra Valley Trunk Sewer total construction cost is
$2,321,288.
N: \PESUP \Cbradley \Position Papers\Molina \5919 Closeout PP.doc Page 1 of 3
POSITION PAPER
Board Meeting Date: July 3, 2008
subject ADVISE THE BOARD OF THE CLOSEOUT OF THE ALHAMBRA VALLEY
TRUNK SEWER, DISTRICT PROJECT 5919
The total authorized budget for the project was $3,713,000, which included a
contingency of $235,720. The total project cost was $3,713,000, and no money will be
returned to the Collection System Program (see Attachment 1 for Expenditure
Summary). The complete budget was expended because District staff spent extra time
dealing with right of way, customer service issues, and the National Park Service
coordination and permitting.
RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors
for information. No action is necessary.
NAPESUP \Cbradley \Position Papers \Molina \5919 Closeout PP.doc Page 2 of 3
ATTACHMENT 1
ALHAMBRA VALLEY TRUNK SEWER
DISTRICT PROJECT 5919
EXPENDITURE SUMMARY
ACTIVITY
COST
Total Budget
$3,713,000
Phase 1 Construction Contract
Phase 2 Construction Contract
TOTAL Construction Contract
$1,539,080
$782,208
$2,321,288
Phase 1 Change Orders
Phase 2 Change Orders
TOTAL Change Orders
$10,000
$4,825
$14,825
Change Order % of Construction
0.4%
Total Construction Amount
$2,336,113
Right of Way / N.P.S. / CEQA / Customer Relations
$525,000
Right of Way - % of Construction
22%
Engineering, Planning, Design, CM, Admin.
$851,887
Engineering, Planning, Design, CM, Admin. - % of Construction*
36%
TOTAL PROJECT EXPENDITURES
$3,713,000
*Percentage high due to favorable bid on Phase 2.
NAPESUP\Cbradley \Position Papers \Molina \5919 Closeout PP.doc Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 3, 2008 No.: 3.e. Consent Calendar
Type of Action: ACCEPT CONTRACT WORK/ AUTHORIZE FILING OF THE NOTICE
OF COMPLETION
subject: ACCEPT THE CONTRACT WORK FOR THE ELECTRICAL CABLE
REPLACEMENT — SUB 40, DISTRICT PROJECT 7271, AND AUTHORIZE FILING
OF THE NOTICE OF COMPLETION
Submitted By: Initiating Dept. /Div.:
Dana Lawson, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
D. Lawson A. Antkowiak i ecki A. Farrell ¢ M. Kelly,
General Manager
ISSUE: Construction has been completed on the Electrical Cable Replacement - Sub
40, District Project 7271, and the work is now ready for acceptance.
RECOMMENDATION: Accept the contract work for the Electrical Cable Replacement -
Sub 40, District Project 7271, authorize filing of the Notice of Completion.
FINANCIAL IMPACTS: No financial impacts related to acceptance or filing of the
Notice of Completion.
ALTERNATIVES /CONSIDERATIONS: Not applicable. Filing the Notice of Completion
is advisable under the California Civil Code, Section 3093.
BACKGROUND: In September of 2006, while working on the Low Voltage Power
Circuit Breaker Upgrade for Substation 40 project, it was determined that the
conductors running from Substation 40 to Motor Control Center 48 were undersized.
The existing feeders were at risk of overheating and needed to be replaced with larger
electrical conductors. These electrical feeders power equipment at the Clearwell, and
the Applied, Recycled, Industrial, and Utility Water pumps, the latter supplies water for
plant processes.
This project installed two 2,000 feet parallel electrical feeders from Substation 40 to
Motor Control Center 48 with larger conductors, and modified the Main - Tie -Main Circuit
Breaker control in the switchgear at Substation 40. The project also included:
disconnection and removal of existing cables, installation tagging, testing and
energizing of the new cables, and modification of the Main - Tie -Main Circuit Breaker
control and installed a programmable logic controller.
M \PESUMPosition Papers \Lawson \7271 - Accept contract work NOC.doc Page 1 of 3
POSITION PAPER
Board Meeting Date: July 3, 2008
sub /ect: ACCEPT THE CONTRACT WORK FOR THE ELECTRICAL CABLE
REPLACEMENT — SUB 40, DISTRICT PROJECT 7271, AND AUTHORIZE FILING
OF THE NOTICE OF COMPLETION
On October 4, 2007, the Board of Directors authorized the award of a construction
contract to Con J. Franke Electric, Inc. The Notice to Proceed was issued on
November 13, 2007. The work was substantially completed on June 30, 2008.
Immediately upon acceptance, the Contractor is relieved of the duty of maintaining and
protecting the Contract work. Guaranty and warranty periods required by the Contract
and the statutory period for filing of liens and Stop Notices start on the date of
acceptance by the Board of Directors. Final payment to the Contractor is made after
expiration of the statutory period for filing of liens and Stop Notices, provided no liens or
Stop Notices have been filed, and provided the punch -list items have been completed.
The total authorized budget for the project was $402,000. The budget included the cost
of engineering design, construction management and inspection, testing services, and
contractor services. An accounting of the project costs will be provided to the Board at
the time of project closeout. It is appropriate to accept the contract work at this time.
RECOMMENDED BOARD ACTION: Accept the contract work for the Electrical Cable
Replacement - Sub 40, District Project 7271, and authorize filing of the Notice of
Completion.
N:\PESUP \Position Papers \Lawson \7271 - Accept contract work NOC.doc Page 2 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 3, 2008 No.: 3.f. Consent Calendar
Type of Action: CONFIRM PUBLICATION
Subject: ADOPT A RESOLUTION CONFIRMING PUBLICATION OF A SUMMARY OF
DISTRICT ORDINANCE NO. 249 - AMENDING DISTRICT CODE SECTION
6.12.090 AND ADOPTING AN UNCODIFIED SCHEDULE OF CAPACITY FEES,
RATES AND CHARGES
Submitted By: Initiating Dept✓Div.: Administrative Department
Elaine R. Boehme
Secretary of the District
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
1W lr1 �'I
:�-
OF, - - -
JV eji . Kelly,
General Manager
ISSUE: Section 6490 of the Health and Safety Code of the State of California provides
that District ordinances shall be published once in a newspaper of general circulation
within the District, and provides that an Order of the Board of Directors of the District to
the effect that the ordinance has been published shall constitute conclusive evidence
that publication has been properly made.
RECOMMENDATION: Adopt a resolution confirming the publication of a summary of
District Ordinance No. 249.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: Establishes presumption that the ordinance
was correctly published and therefore would be deemed procedurally valid by a court.
BACKGROUND: A summary of District Ordinance No. 249 which was adopted by the
Board at the meeting of April 17, 2008, and which amends District Code Section
6.12.090 and adopts an uncodified Schedule of Capacity Fees, Rates and Charges,
was published in the Contra Costa Times on May 5, 2008. Proof of publication is
attached.
RECOMMENDED BOARD ACTION: Adopt a resolution confirming the publication of a
summary of District Ordinance No. 249.
Page 1 of 3
RESOLUTION NO. 2008-
RESOLUTION CONFIRMING PUBLICATION OF
A SUMMARY OF DISTRICT ORDINANCE NO. 249
AMENDING DISTRICT CODE SECTION 6.12.090
AND ADOPTING AN UNCODIFIED
SCHEDULE OF CAPACITY FEES, RATES AND CHARGES
WHEREAS, Section 6490 of the Health and Safety Code of the State of
California provides that District ordinances shall be published once in a newspaper of
general circulation within the District, and provides that an Order of the Board of
Directors of the District to the effect that the Ordinance has been published shall
constitute conclusive evidence that publication has been properly made.
NOW, THEREFORE, be it resolved by the Board of Directors of the Central
Contra Costa Sanitary District as follows:
THAT a summary of District Ordinance No. 249 which was adopted on April 17,
2008, and which amends District Code Section 6.12.090 and adopts an uncodified
Schedule of Capacity Fees, Rates and Charges, has been properly published once
since its adoption in a newspaper of general circulation within Contra Costa County.
PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of
Directors this 3rd day of July, 2008 by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
COUNTERSIGNED:
Elaine R. Boehme
Secretary of the Central Contra Costa
Sanitary District, County of Contra
Costa, State of California
Approved as to Form:
Gerald R. Lucey
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
Kenton L. Alm
District Counsel
Contra Costa Time..
P O Box 4147
Walnut Creek, CA 94596
(925) 935 -2525
Central CC Sanitary
Ann/Accts Payable,5019 Imhoff PI.
Martinez CA 94553 -4316
PROOF OF PUBLICATION
FILE NO. 249
In the matter of
I am a citizen of the United States and a resident of the County
aforesaid; I am over the age of eighteen years, and not a party to or
interested in the above - entitled matter.
I am the Principal Legal Clerk of the Contra Costa Times, a
newspaper of general circulation, printed and published at 2640
Shadelands Drive in the City of Walnut Creek, County of Contra
Costa, 94598
And which newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Contra Costa,
State of California, under the date of October 22, 1934. Case
Number 19764.
The notice, of which the annexed is a printed copy (set in type not
small than nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof on the
following dates, to -wit:
5/5/2008
I certify (or declare) under the penalty of perjury
that the foregoing is true and correct.
Executed at Walnut Creek, California.
On this 15 day of May 008
Signature
Legal No.
SUMMARY OF
ORDINANCE NO. 20
AN ORDINANCE OF THE
CENTRAL CONTRA COS-
TA SANITARY DISTRICT
AMENDING DISTRICT
ACOND LNG AN
UNCODIFRD SCHEDULE
OF CAPACITY FEES,
RATES AND CHARGES
The ,
F the
e. A
tMY a
Of all
Adopted:
April 17, 2008
AYES: Members:
Mene nl i, Ne edy
NOES: Members: None
MTV: Members::
AI
rresideenitt of the District
Board of the
Sanitary Dlsotrriict. Costa
County of Contra Costa
State of Cal omla
COUNTERSIGNED:
/s/ Elaine R. Boehme
Secretary of the Central
Contra Costa
Sanitary District, County.
of Contra Costa, State of
California
Approved as to Form:
/s/ Kenton L Alm
Keaton L. Alm
District Counsel
Legpal CCT 2777861
Publlsh May 5.2006
0002777861
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 3, 2008 No.: 3.g. Consent Calendar
Type of Action: CONFIRM PUBLICATION
subject: ADOPT A RESOLUTION CONFIRMING PUBLICATION OF A SUMMARY OF
DISTRICT ORDINANCE NO. 250 - AMENDING DISTRICT CODE CHAPTER 6.30,
AND ADOPTING AN UNCODIFIED SCHEDULE OF ENVIRONMENTAL AND
DEVELOPMENT - RELATED FEES, RATES AND CHARGES
Submitted By: Initiating Dept. /Div.: Administrative Department
Elaine R. Boehme
Secretary of the District
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
_ W--2_—
E. Boehme
JgtheVft Kelly,
General Manager
ISSUE: Section 6490 of the Health and Safety Code of the State of California provides
that District ordinances shall be published once in a newspaper of general circulation
within the District, and provides that an Order of the Board of Directors of the District to
the effect that the ordinance has been published shall constitute conclusive evidence
that publication has been properly made.
RECOMMENDATION: Adopt a resolution confirming the publication of a summary of
District Ordinance No. 250.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: Establishes presumption that the ordinance
was correctly published and therefore would be deemed procedurally valid by a court.
BACKGROUND: A summary of District Ordinance No. 250 which was adopted by the
Board at the meeting of April 17, 2008, and which amends District Code Chapter 6.30,
and adopts an uncodified Schedule of Environmental and Development - Related Fees,
Rates and Charges , was published in the Contra Costa Times on May 5, 2008. Proof
of publication is attached.
RECOMMENDED BOARD ACTION: Adopt a resolution confirming the publication of a
summary of District Ordinance No. 250.
Page 1 of 3
RESOLUTION NO. 2008-
RESOLUTION CONFIRMING PUBLICATION OF
A SUMMARY OF DISTRICT ORDINANCE NO. 250
AMENDING DISTRICT CODE CHAPTER 6.30, AND ADOPTING AN
UNCODIFIED SCHEDULE OF ENVIRONMENTAL AND
DEVELOPMENT - RELATED FEES, RATES AND CHARGES
WHEREAS, Section 6490 of the Health and Safety Code of the State of
California provides that District ordinances shall be published once in a newspaper of
general circulation within the District, and provides that an Order of the Board of
Directors of the District to the effect that the Ordinance has been published shall
constitute conclusive evidence that publication has been properly made.
NOW, THEREFORE, be it resolved by the Board of Directors of the Central
Contra Costa Sanitary District as follows:
THAT a summary of District Ordinance No. 250 which was adopted on April 17, 2008,
and which amends District Code Chapter 6.30, and adopts an uncodified Schedule of
Environmental and Development - Related Fees, Rates and Charges, has been properly
published once since its adoption in a newspaper of general circulation within Contra
Costa County.
PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of
Directors this 3rd day of July, 2008 by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
COUNTERSIGNED:
Elaine R. Boehme
Secretary of the Central Contra Costa
Sanitary District, County of Contra
Costa, State of California
Approved as to Form:
Gerald R. Lucey
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
Kenton L. Alm
District Counsel
Contra Costa Time.. I Legal No. 0002777940
P 0 Box 4147
Walnut Creek, CA 94596
(925) 935 -2525
Central CC Sanitary
Ann/Accts Payable,5019 Imhoff Pl.
Martinez CA 94553 -4316
PROOF OF PUBLICATION
FILE NO. 250
In the matter of
I am a citizen of the United States and a resident of the County
aforesaid; I am over the age of eighteen years, and not a party to or
interested in the above - entitled matter.
I am the Principal Legal Clerk of the Contra Costa Times, a
newspaper of general circulation, printed and published at 2640
Shadelands Drive in the City of Walnut Creek, County of Contra
Costa, 94598
And which newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Contra Costa,
State of California, under the date of October 22, 1934. Case
Number 19764.
The notice, of which the annexed is a printed copy (set in type not
small than nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof on the
following dates, to -wit:
5/5/2008
I certify (or declare), under the penalty of perjury
that the foregoing is true and correct.
Executed at Walnut Creek, California.
On this 15 day of May, 2 8
Signature
SUMMARY OF
ORDINANCE NM 260
AN ORDINANCE OF THE
TA�NIT DISTRICT
AMENDING DISTRICT
CODE CHAPTER S APTER 70 A
ADOPTING AN
UNCODIFIED SCIIEDUI.E
OF ENVIRONMENTAL
AND DEVELOPMENT -
RELATED FEES, RATES
AND CHARGES
NOT&aryThe major h
llphts of the Drrooppso
ordinance. A readh�.
the entire ordins
may necesssasrryy to
fain a 11 understan<
of all the � Des
of pU�pieseffull twd Of
pppmj: and may be ordinance
In the s0Cretafy of
Dlstrkt's =Vat!
!
Imhoff Place, Marti
ob=tal ed f opm a,a
face.
Adopted:
April 17, 2008
AYES., Members:
Mena tni Neleledly
NOES: Members: None
ABSENT: Members:
McGill RR, Lucy
"Udert (5 the District
Board of the
Saner District.
Costa
Statee yf Cof Co ra Costa,
COUNTERSIGNED:
/a/ Elaine R. Bpel�me
Secretary or the Central
Comra Costa
Sanitary District, County
of Contra Costa, State of
California
Approved as to Form:
/y Kenton L Alm
Kenton L Alm
District Counsel
LeOaI CCT 2777940
Publish May 5, 20013
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 3, 2008 No.: 3.h. Consent Calendar
Type of Action: CONFIRM PUBLICATION
Subject: ADOPT A RESOLUTION CONFIRMING PUBLICATION OF A SUMMARY OF
DISTRICT ORDINANCE NO. 251 (UNCODIFIED) - ESTABLISHING
REIMBURSEMENT FEES APPLICABLE TO PROPERTIES THAT DIRECTLY OR
INDIRECTLY CONNECT TO THE ALHAMBRA VALLEY TRUNK SEWER, DISTRICT
PROJECT 5919
Submitted By: Initiating Dept /Div.: Administrative Department
Elaine R. Boehme
Secretary of the District
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
E. Boehme
•J8 a .. KKel Tbr
General Manager
ISSUE: Section 6490 of the Health and Safety Code of the State of California provides
that District ordinances shall be published once in a newspaper of general circulation
within the District, and provides that an Order of the Board of Directors of the District to
the effect that the ordinance has been published shall constitute conclusive evidence
that publication has been properly made.
RECOMMENDATION: Adopt a resolution confirming the publication of a summary of
District Ordinance No. 251.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: Establishes presumption that the ordinance
was correctly published and therefore would be deemed procedurally valid by a court.
BACKGROUND: A summary of District Ordinance No. 251 (Uncodified) which was
adopted by the Board at the meeting of May 1, 2008, and which establishes
reimbursement fees applicable to properties that directly or indirectly connect to the
Alhambra Valley Trunk Sewer, District Project 5919, was published in the Contra Costa
Times on May 16, 2008. Proof of publication is attached.
RECOMMENDED BOARD ACTION: Adopt a resolution confirming the publication of a
summary of District Ordinance No. 251.
Page 1 of 3
RESOLUTION NO. 2008-
RESOLUTION CONFIRMING PUBLICATION OF
A SUMMARY OF DISTRICT ORDINANCE NO. 251 (UNCODIFIED)
ESTABLISHING REIMBURSEMENT FEES
APPLICABLE TO PROPERTIES THAT DIRECTLY OR INDIRECTLY
CONNECT TO THE ALHAMBRA VALLEY TRUNK SEWER,
DISTRICT PROJECT 5919
WHEREAS, Section 6490 of the Health and Safety Code of the State of
California provides that District ordinances shall be published once in a newspaper of
general circulation within the District, and provides that an Order of the Board of
Directors of the District to the effect that the Ordinance has been published shall
constitute conclusive evidence that publication has been properly made.
NOW, THEREFORE, be it resolved by the Board of Directors of the Central
Contra Costa Sanitary District as follows:
THAT a summary of District Ordinance No. 251 (Uncodified) which was adopted
on May 1, 2008, and which Establishes Reimbursement Fees Applicable to Properties
that Directly or Indirectly Connect to the Alhambra Valley Trunk Sewer, District Project
5919, has been properly published once since its adoption in a newspaper of general
circulation within Contra Costa County.
PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of
Directors this 3rd day of July, 2008 by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
Gerald R. Lucey
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine R. Boehme
Secretary of the Central Contra Costa
Sanitary District, County of Contra
Costa, State of California
Approved as to Form:
Kenton L. Alm
District Counsel
Contra Costa Times
P O Box 4147
Walnut Creek, CA 94596
(925) 935 -2525
Central CC Sanitary
Ann/Accts Payable,5019 Imhoff Pl.
Martinez CA 94553 -4316
PROOF OF PUBLICATION
FILE NO. ORD 251
In the matter of
I am a citizen of the United States and a resident of the County
aforesaid; I am over the age of eighteen years, and not a party to or
interested in the above - entitled matter.
I am the Principal Legal Clerk of the Contra Costa Times, a
newspaper of general circulation, printed and published at 2640
Shadelands Drive in the City of Walnut Creek, County of Contra
Costa, 94598
And which newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Contra Costa,
State of California, under the date of October 22, 1934. Case
Number 19764.
The notice, of which the annexed is a printed copy (set in type not
small than nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof on the
following dates, to -wit:
5/16/2008
I certify (or declare) under the penalty of perjury
that the foregoing is true and correct.
Executed at Walnut Creek, California.
On this 22 day of May, ' 08
Signature
Legal No
SUMMARY OF ORDI-
NANCE NO. 251
AN ORDINANCE
(UNCIDDIFIEDaTO ESTAB-
LISH REIM RSEMENT
FEES APPLICABLE TO
PROPERTIES THAT DI -
RECTLY OR INDIRECTLY
CONNECT TO THE
ALHAMBRA VALLEY
TRUNK SEYYER, DL MILT
PROTECT 5919
trio Project 5919), and
$7,303 for each RUB that
connects Indirectl�yy e tyoy
Trunk AlSewera (Distrlict
Project 5919) via tributa-
ry local street sewers in
accordance with District
Code Section 620.400
"Customer reimburse-
ment of District Installa-
tion costs." The reim-
bursement fees set forth
by this ordinance shall
be administered adjust-
ed, and collected ac-
cording to the provi-
sions of said District
Code Section.
NOTE: The above Is a
summary of major high-
lights of the propposed
ordinance. A reading of
the entire ordinance
may be necessary to ob-
tain a full understandingy
of the fee proposed. A
certified copy of the full
text of the proposed or-
may be read In the sec-
Mare 0la 591Io 1mhff
Place, Martinez and/or a
copy may be obtained
tram the office
Adopted: May 1, 2008
AYES•Members: Hockett,
McGill, Menesinl,
NejedI
NOES:W bers:None
ABSENT:Members:None
s/S Gerald R. Lu'l
President of the District
Board of the
Central Contra Costa
Sanitary District,
County of Contra Costa
State of California
COUNTERSIGNED:
s/s Elaine R. Boehme
Secretary of the Central
Contra Costa
Sanitary District, County
of Contra
Costa, State of Callfor-
nia
Approved as to Form:
s/s Kenton L. Alm
Kenton L. Alm
District C #27�
� 17
May 15.2008
0002792417
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 3, 2008 No.: 3.i. Consent: Calendar
Type of Action: APPROVE TRAVEL TO WASHINGTON, D.C.
subject: APPROVE TRAVEL TO TESTIFY AT HEARING FOR THE DOMESTIC
POLICY SUBCOMITTEE OF THE OVERSIGHT AND GOVERNMENT REFORM
COMMITTEE.
Submitted By:
Ann E. Farrell, Director of Engineering
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
24-L
A. Farrell
Initiating Dept /Div.:
Engineering /Environmental Services
J e . Kelly
General Manager
ISSUE: The Board must approve out -of -state travel that has not already been approved
by inclusion in the 2008 -09 operating budget.
RECOMMENDATION: Approve travel expenses for Ann E. Farrell, Director of
Engineering to testify at the Domestic Policy Subcommittee of the Oversight and
Government Reform Committee hearing — Assessing State and Local Regulations to
Reduce Dental Mercury Emissions in Washington, D. C. on July 8, 2008.
FINANCIAL IMPACTS: The cost of travel, including food and lodging, is estimated at
$1500.
ALTERNATIVES /CONSIDERATIONS: The Board may elect to forego testifying at this
hearing.
BACKGROUND: The Domestic Policy Subcommittee of the Oversight and
Government Reform Committee (Subcommittee) has requested Central Contra Costa
Sanitary District (CCCSD) to testify at their hearing for Assessing State and Local
Regulations to Reduce Dental Mercury Emissions in Washington D.C. The
Subcommittee would like to discuss the successful mandatory amalgam separator
program adopted by CCCSD, and the lessons learned that may benefit other
jurisdictions seeking to reduce dental mercury emissions through cooperative efforts
with the dental community.
RECOMMENDED BOARD ACTION: Approve attendance and travel for Ann E. Farrell
to attend the Domestic Policy Subcommittee of the Oversight and Government Reform
Committee hearing — Assessing State and Local Regulations to Reduce Dental Mercury
Emissions in Washington, D. C. on July 8, 2008.
N: \ENVRSEC \Position Papers \Farrell\2008 \PP Approve Travel Testify Wash DC 7- 3- 08.doc
HENRY A. vVAXMAN, CALIFORNIA,
CHAIRMAN
TOM LANTOS, CALIFORNIA
ONE HUNDRED TENTH CONGRESS
EDOLPHUS TOWNS, NEW YORK
PAUL E. KANJORSKI, PENNSYLVANIA
CAROLYN S. MALONEY, NEW YORK
ELIJAH E. CUMMINGS, MARYLAND
�Congre of the �niteb Ota�tefs
DENNIS J. KUCINICH, OHIO
DENNIS
.0.0
DANNY K. DAVIS, ILLINOIS
WM. JOHN LA YCLAY, MISSOURI
WM. LACY CLAY, MISSOURI
Jocitta of R.epreantatibeo
DIANE E. WATSON, CALIFORNIA
STEPHENF.LYNCH,MASSACHUSETTS
BRIAN HIGGINS, NEW YORK
JOHN A. YARMOUTH, KENTUCKY
COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM
BRUCE L. BRALEY, IOWA
ELEANOR HOLMES NORTON,
2157
DISTRICT OF COLUMBIA
RAYBURN HOUSE OFFICE BUILDING
BETTY MCCOLLUM, MINNESOTA
JIM COOPER, TENNESSEE
WASHINGTON, DC 20515
CHRIS VAN HOLLEN, MARYLAND
-6143
PAUL W. HODES, NEW HAMPSHIRE
CHRISTOPHER S. MURPHY, CONNECTICUT
MAjomTY (202) 225 -5051
JOHN P. SARBANES, MARYLAND
FACSIMILE (202) 225 -4764
PETER WELCH, VERMONT
MINOR TY (202) 225.5074
www.oversight.house.gov
June 13, 2008
Mr. Tim Potter
Source Control Superintendent
Central Contra Costa County
5019 Inhoff Place
Martinez, California 94553
Dear Mr. Tim Potter:
TOM DAVIS, VIRGINIA,
RANKING MINORITY MEMBER
DAN BURTON, INDIANA
CHRISTOPHER SHAYS, CONNECTICUT
JOHN M. MCHUGH, NEW YORK
JOHN L. MICA, FLORIADA
MARK E. SOLDER. INDIANA
TODD RUSSELL PLATTS. PENNSYLVANIA
CHRIS CANNON, UTAH
JOHN J. DUNCAN. JR.. TENNESSEE
MICHAEL R. TURNER, OHIO
DARRELL E. ISSA, CALIFORNIA
KENNY MARCHANT, TEXAS
LYNN A. WESTMORELAND, GEORGIA
PATRICK T. MCHENRY, NORTH CAROLINA
VIRGINIA FOXX, NORTH CAROLINA
BRIAN P. BILBRAY, CALIFORNIA
BILL SALI, IDAHO
JIM JORDAN, OHIO
RECEIVED
CCCSD SOU;? E � ®NTROL
The Domestic Policy Subcommittee of the Oversight and Government Reform Committee
requests your testimony at a hearing, on Tuesday, July 8, 2008 at 2:00 p.m., in 2154 Rayburn
House Office Building.
The Subcommittee hearing, Assessing State and Local Regulations to Reduce Dental
Mercury Emissions seeks to examine state and local government regulations aimed at reducing
mercury emissions from dental offices. The Subcommittee would like you to discuss the
regulations adopted by Central Contra Costa County to address dental mercury contamination.
We would also like you to discuss the lessons learned in Central Contra County that can benefit
other counties seeking to reduce dental mercury emissions.
The Domestic Policy Subcommittee has broad jurisdiction over many federal agencies,
including the Environmental Protection Agency. The Oversight and Government Reform
Committee is the principal oversight committee in the House of Representatives, with broad
oversight jurisdiction as set forth in House Rule X. An attachment to this letter provides
additional information about how to respond to the Subcommittee's request.
Mr. Tim Potter
June 13, 2008
Page 2
If you have any questions, please contact Noura Erakat, Counsel, at (202) 226 -5867.
We look forward to your testimony.
Sincerely,
Dennis J. Kucinich
Chairman
Domestic Policy Subcommittee
Enclosure
cc: Darrell Issa
Ranking Minority Member
'iENRY A. WAXMAN, CALIFORNIA
CHAIRMAN
TOM LANTOS, CALIFORNIA
EDOLPHUS TOWNS, NEW YORK
PAUL E. KANJORSKI, PENNSYLVANIA
CAROLYN B. MALONEY, NEW YORK
ELIJAH E. CUMMINGS, MARYLAND
DENNIS J. KUCINICH, OHIO
DANNY K. DAVIS, ILLINOIS
JOHN F. TIERNI& MASSACHUSETTS
WM. LACY CLAY, MISSOURI
DIANE E. WATSON, CALIFORNIA
STEPHEN F. LYNCH, MASSACHUSETTS
BRIAN HIGGINS, NEW YORK
JOHN A. YARMOUTH, KENTUCKY
BRUCE L. BRALEY, IOWA
ELEANOR HOLMES NORTON,
DISTRICT OF COLUMBIA
BETTY MCCOLLUM, MINNESOTA
JIM COOPER, TENNESSEE
CHRIS VAN HOLLEN, MARYLAND
PAUL W. HODES, NEW HAMPSHIRE
CHRISTOPHER S. MURPHY, CONNECTICUT
JOHN P. SARBANES, MARYLAND
PETER WELCH, VERMONT
ONE HUNDRED TENTH CONGRESS
Congrea of the Muniteb otateo
JDou5e of Repreoentatibe!5
COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM
2157 RAYBURN HOUSE OFFICE BUILDING
WASHINGTON, DC 20515 -6143
MAJOR (202) 225 -5051
FACSIMILE (202) 2254784
M-NORITY (202) 225 -5074
www.oversight.house.gov
Witness Information Sheet
TOM DAVIS, VIRGINIA,
RANKING MINORITY MEMBER
DAN BURTON, INDIANA
CHRISTOPHER SHAYS, CONNECTICUT
JOHN M. MCHUGH. NEW YORK
JOHN L. MICA. FLORIADA
MARK E. SOUOER. INDIANA
TODD RUSSELL PLATTS, PENNSYLVANIA
CHRIS CANNON, UTAH
JOHN J. DUNCAN, JR., TENNESSEE
MICHAEL R. TURNER, OHIO
DARRELL E. ISSA, CALIFORNIA
KENNY MARCHANT, TEXAS
LYNN A. WESTMORELAND, GEORGIA
PATRICK T. MCHENRY, NORTH CAROLINA
VIRGINIA FOXX, NORTH CAROLINA
BRIAN P. BILBRAY, CALIFORNIA
BILL SALT, IDAHO
JIM JORDAN, OHIO
The following is a summary of some of the pertinent rules and procedures applicable to witnesses
testifying before the Domestic Policy Subcommittee, Committee on Oversight and Government Reform:
Each witness should provide his or her written statement in electronic format to Jean Gosa, Clerk, at
jean.gosa@mail.house.gov, no later than 10:00 a.m. two business days prior to the hearing. In a
separate email to jean.gosa@mail.house.gov and by the same deadline, each witness should also
provide a one - paragraph biographical statement, highlighting the witness's experience that is relevant
to the subject of his or her testimony. Finally, each witness should bring 100 copies of his or her
statement to the hearing room at the time of the hearing or to Room B -349B Rayburn House Office
Building prior to the hearing.
• At the hearing, each witness will be asked to summarize his or her written testimony in five minutes
in order to maximize the time available for discussion and questions.
• The Committee does not provide financial reimbursement for witness travel or accommodations.
Witnesses with extenuating circumstances, however, may submit a written request for such
reimbursements to Robin Butler, Financial Administrator, Committee on Oversight and Government
Reform, 2157 Rayburn House Office Building, at least one week prior to the hearing.
Reimbursements will not be made without prior approval.
• Witnesses with disabilities should contact Committee staff to arrange any necessary accommodations.
• The Committee on Oversight and Government Reform is the principal oversight committee in the
U.S. House of Representatives. The jurisdiction of the Committee is set forth in House Rule X
clauses 1(m), 2, 3(i), and 4(c).
• Committee Rules governing this hearing are online at http://oversight.hOLlse.gov/rules/.
For inquiries regarding these rules and procedures, please contact the Domestic Policy Subcommittee at
(202) 225 -6427.
4.a. Hearings
PUBLIC HEARING TO RECEIVE COMMENTS
ON APPROVAL OF THE
VIA VAQUEROS
ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2008 -7
DISTRICT PROJECT NO. 6450
SUGGESTED AGENDA
July 3, 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 Via
Vaqueros Alhambra Valley Assessment District No. 2008 -7:
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
Via Vaqueros area owners.
NAENVRSEMPosition Papers \Swanson\2008\Agenda for Public Hearing Via Vaqueros AVAD 2008 -7 7- 3- 08.doc
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 3. 2008 No.: 4.a. Hearings
Type of Action: CONDUCT PUBLIC HEARING
subject: CONDUCT A PUBLIC HEARING, MAKE FINDINGS, AND APPROVE THE
VIA VAQUEROS ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2008 -7,
DISTRICT PROJECT NO. 6450
Submitted By. Initiating Dept. /Div.:
Curtis Swanson, Division Manager Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
0� , /�-- C4�r S
C. Swanson A. Farrell . Alm
J es . Kelly
Genera Manager
ISSUE: A public hearing must be conducted to consider objections and inquiries
regarding the proposed assessment, the Resolution of Intention, the Engineer's Report,
annexation, and any other comments regarding Via Vaqueros Alhambra Valley
Assessment District (AVAD) No. 2008 -7.
RECOMMENDATION: Conduct the public hearing, find that the project is exempt from
the California Environmental Quality Act (CEQA), and approve Via Vaqueros AVAD
2008 -7, District Project No. 6450.
FINANCIAL IMPACTS: The estimated total sewer main extension project cost is
$142,115. The District has authorized up to $3 million for sewer main extensions under
AVADs over the next three years. This would be the fifth AVAD project authorized by
the Board and cumulative authorizations would total $1,425,165.
In addition to the cost of the sewer main extension project, the District previously has
authorized funds for construction of the Alhambra Valley Via Vaqueros Project.
Approval of this AVAD will provide a mechanism for up to 11 properties to finance
extension of a sewer main to their neighborhood, the indirect connector reimbursement
fee for the Via Vaqueros, and District capacity and annexation fees. The total amount
that could be financed under this project is $294,212 (see Attachment 2). Approval of
this AVAD will facilitate indirect connections to the Alhambra Valley Via Vaqueros so
that the District can be reimbursed sooner for costs of the Via Vaqueros project.
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.
N: \ENVRSEC \Position Papers \Swanson\2008 \6450 PP Hearing Via Vaqueros AVD 2008 -7 7- 3- 08.doc Page 1 of 12
POSITION PAPER
Board Meeting Date: July 3. 2008
subject. CONDUCT A PUBLIC HEARING, MAKE FINDINGS, AND APPROVE THE
VIA VAQUEROS ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2008 -7,
DISTRICT PROJECT NO. 6450
BACKGROUND: A group of parcel owners in the Via Vaqueros 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 Via Vaqueros AVAD meets all of the criteria for formation of a contractual
assessment district. There are 11 properties that could benefit from this AVAD project.
The Board of Directors adopted a Resolution of Intention to form a contractual
assessment district on January 17, 2008. The subject sewer would include
approximately 525 linear feet of 8 -inch sewer main and appurtenant works and facilities
that will serve the proponents' 11 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 January 17, 2008, the Board of Directors adopted a resolution directing the
preparation of a report for an Alhambra Valley Assessment District known as Via
Vaqueros AVAD No. 2008 -7. A report has been prepared, and assessments have been
estimated. (The Engineer's Report is being provided to the Board under separate
cover.) On June 5, 2008, the Board of Directors set a public hearing for July 3. 2008.
Since assessments are proposed to be levied on properties, the procedural
requirements of Proposition 218 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 Via
Vaqueros AVAD No. 2008 -7, 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.
N:\ENVRSEMPosition Papers \Swanson\2008 \6450 PP Hearing Via Vaqueros AVID 2008 -7 7- 3- 08.doc Page 2 of 12
POSITION PAPER
Board Meeting Date: July 3. 2008
subject CONDUCT A PUBLIC HEARING, MAKE FINDINGS, AND APPROVE THE
VIA VAQUEROS ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2008 -7,
DISTRICT PROJECT NO. 6450
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.
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 Via Vaqueros AVAD No. 2008 -7 is
$142,115. 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 fifth AVAD project authorized by the Board. Thus far, the Board has
authorized $1,283,050. With this project, the total would be $1,425.165.
N: \ENVRSEC \Position Papers \Swanson\2008 \6450 PP Hearing Via Vaqueros AVD 2008 -7 7- 3- 08.doc Page 3 of 12
POSITION PAPER
Board Meeting Date: July 3. 2008
subject CONDUCT A PUBLIC HEARING, MAKE FINDINGS, AND APPROVE THE
VIA VAQUEROS ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2008 -7,
DISTRICT PROJECT NO. 6450
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 (little 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
Adopt a resolution approving a revised boundary.
Find that the project is exempt from CEQA.
Adopt a resolution overruling protests.
• Adopt a resolution confirming compliance with California Constitution, Article
XIIID, Section 4.
• Adopt a resolution approving the Engineer's Report, assessments, and ordering
improvement.
• Authorize the General Manager to execute an agreement with the Via Vaqueros
area owners.
N: \ENVRSEC \Position Papers \Swanson\2008 \6450 PP Hearing Via Vaqueros AVD 2008 -7 7- 3- 08.doc Page 4 of 12
� MAKnNEZ
i
SITE
` 1
0 4cs
HI ��
LL
LOCATION MAP
N.T.S.
N: \ENVRSEC \Position Papers \Swanson\2008 \6450 PP Hearing Via Vaqueros AVD 2008 -7 7- 3- 08.doc Page 5 of 12
�P
i
t
J
1
qy
_
<
1
V A
,
r
1
N
1
0 ISO 30D
FEET
i
-�
LEGEND:
i
POTENTIAL
B D
AVAD AREA
E
PLANNED
AVAD SEWER
iF POSSIBLE AVAD
PARTICIPANTS.
Central Contra Costa
Attachment
Sanitary District
REVISED BOUNDARY OF
VIA VAQUEROS
AVAD N0.2008 -7
4
N: \ENVRSEC \Position Papers \Swanson\2008 \6450 PP Hearing Via Vaqueros AVD 2008 -7 7- 3- 08.doc Page 5 of 12
ATTACHMENT 2
SUMMARY OF SEWER MAIN EXTENSION AND OTHER COSTS
THAT COULD BE FINANCED UNDER
VIA VAQUEROS AVAD NO. 2008-7
Construction — Sewer main extension
$109,250
Engineering — Sewer main extension
$25,300
District Services — Sewer main extension
$7,605
SUBTOTAL — Sewer main extension
$142,115
Indirect Connector Reimbursement Fee for
Via Vaqueros
$80,333
(11 Properties x $7,303)
District Capacity and Other Fees
(11 Properties x $6,524)
$71,764
TOTAL
$294,212
N: \ENVRSEC \Position Papers \Swanson\2008 \6450 PP Hearing Via Vaqueros AVD 2008 -7 7- 3- 08.doc Page 6 of 12
RESOLUTION NO. 2008-
RESOLUTION ADOPTING A REVISED BOUNDARY FOR VIA VAQUEROS
ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2008 -7
The Board of Directors of the Central Contra Costa Sanitary District resolves:
A map entitled "Proposed Boundary of Via Vaqueros AVAD No. 2008 -7" was adopted
by the Board of Central Contra Costa Sanitary District on January 17, 2008 through
Resolution No. 2008 -17.
A map entitled "Revised Boundary of Via Vaqueros AVAD No. 2008 -7" 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 Via Vaqueros AVAD No. 2008 -7, 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 3rd day of July 2008 by the Board of Directors of the
Central Contra Costa Sanitary District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
COUNTERSIGNED:
Gerald Lucey, President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
APPROVED AS TO FORM:
Elaine R. Boehme, Secretary Kenton L. Alm
Central Contra Costa Sanitary District District Counsel
County of Contra Costa, State of California
N: \ENVRSEC \Position Papers \Swanson\2008 \6450 PP Hearing Via Vaqueros AVD 2008 -7 7- 3- 08.doc Page 8 of 13
RESOLUTION NO. 2008-
RESOLUTION OVERRULING PROTESTS VIA VAQUEROS
ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2008 -7
The Board of Directors of the Central Contra Costa Sanitary District resolves:
On July 3. 2008, the Board of Directors held a public hearing on the Resolution of
Intention and the Engineer's Report on the proposed improvement in Via Vaqueros
Alhambra Valley Assessment District No. 2008 -7.
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 3rd day of July 2008, by the Board of Directors of the
Central Contra Costa Sanitary District by the following votes:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
Gerald Lucey, President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine Boehme, Secretary
Central Contra Costa Sanitary District
County of Contra Costa, State of California
APPROVED AS TO FORM:
Kenton L. Alm, District Counsel
N: \ENVRSEC \Position Papers \Swanson\2008 \6450 PP Hearing Via Vaqueros AVD 2008 -7 7- 3- 08.doc Page 9 of 13
RESOLUTION NO. 2008-
RESOLUTION CONFIRMING COMPLIANCE WITH
CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4
VIA VAQUEROS ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2008 -7
The Board of Directors of the Central Contra Costa Sanitary District resolves:
1. The Board set 2 PM on July 3. 2008, at the Meeting Room of the Board of
Directors, 5019 Imhoff Place, Martinez, California, as the time and place for 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 3rd day of July 2008, by the Board of Directors of the
Central Contra Costa Sanitary District by the following votes:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
Gerald Lucey, President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine Boehme, Secretary
Central Contra Costa Sanitary District
County of Contra Costa, State of California
APPROVED AS TO FORM:
Kenton L. Alm, District Counsel
N: \ENVRSEC \Position Papers \Swanson\2008 \6450 PP Hearing Via Vaqueros AVD 2008 -7 7- 3- 08.doc Page 10 of 13
RESOLUTION NO. 2008-
RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT
AND ORDERING IMPROVEMENT
VIA VAQUEROS ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2008 -7
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
Via Vaqueros Alhambra Valley Assessment District No. 2008 -7, 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 525 linear feet of
sanitary sewer line, together with appurtenant work and facilities
located at Via Vaqueros in unincorporated Martinez, California.
3. The Engineer's Report and the preliminary contractual assessment for the
improvement for the participating parcels in the described Via Vaqueros Alhambra
Valley Assessment District No. 2008 -7 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 Via Vaqueros
Alhambra Valley Assessment District No. 2008 -7 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 Via Vaqueros Alhambra Valley
Assessment District No. 2008 -7. 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 \6450 PP Hearing Via Vaqueros AVD 2008 -7 7- 3- 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.
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.
11. The Board independently finds that this project is exempt from the California
Environmental Quality Act (CEQA) under District CEQA Guidelines, Section
15061(b)(3), since it can be seen with certainty that there is no possibility that the
activity in question may have a significant adverse effect on the environment. This
certainty is based on the District's past experience with numerous similar sewer
construction projects, the developed nature of the project environment, and the limited
service area of the project (no potential for growth inducement).
N: \ENVRSEC \Position Papers \Swanson\2008 \6450 PP Hearing Via Vaqueros AVD 2008 -7 7- 3- 08.doc Page 12 of 13
Number
Document or Event
Date
or Action
a. Resolution of Intention
12/20/08
2008 -16
b. Resolution Approving Boundary Map
12/20/08
2008 -17
c. Resolution Approving Revised Boundary Map
pending
--
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.
11. The Board independently finds that this project is exempt from the California
Environmental Quality Act (CEQA) under District CEQA Guidelines, Section
15061(b)(3), since it can be seen with certainty that there is no possibility that the
activity in question may have a significant adverse effect on the environment. This
certainty is based on the District's past experience with numerous similar sewer
construction projects, the developed nature of the project environment, and the limited
service area of the project (no potential for growth inducement).
N: \ENVRSEC \Position Papers \Swanson\2008 \6450 PP Hearing Via Vaqueros AVD 2008 -7 7- 3- 08.doc Page 12 of 13
PASSED AND ADOPTED this 3rd day of July 2008, by the Board of Directors of the
Central Contra Costa Sanitary District by the following votes:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
Gerald Lucey, President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine Boehme, Secretary
Central Contra Costa Sanitary District
County of Contra Costa, State of California
APPROVED AS TO FORM:
Kenton L. Alm
District Counsel
N: \ENVRSEC \Position Papers \Swanson\2008 \6450 PP Hearing Via Vaqueros AVID 2008 -7 7- 3- 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
Paps 1 of 11
Kesoiution ho. 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 o(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, Nockett, Nejedly, llenesini
NOES: Members: Lucey
ABSENT: Members: None
Marlo M. Menesini
President of the Board of Directors,
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
(�:O_ L�ld
Elaine R. Boehme
Secretary, Central Contra Costa Sanitary District
County of Contra Costa State of Califo
APPROVED AS TO FORM: (1
Kento k-AN
District Counsel
Papa 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 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 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
Pape 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- partkipants 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.
• Parftlpant Parcels are the direct or indirect connector properties owned by
Participants.
• Non part/clpant Parcels are the direct or indirect connector properties owned by
non - participants,
Pape 4 o111
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.
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
Pops of 11
participants. Direct connectors will have one year from the establishment of the
trunk sewer AVAD No. 1 to become Participants by signing an AVAD contract.
• Indirect connectors wishing to become Participants will have three years from the
establishment of the AVAD No. 1, for the trunk sewer, to obtain CCCSD approval
to initiate formation for an AVAD for their neighborhood, and eighteen months
thereafter to receive CCCSD approval of an AVAD election. AVADs will be
numbered sequentially in the time order initiated by CCCSD.
Notwithstanding the above- listed criteria, CCCSD will consider exceptions to this policy
on a case -by -case basis. CCCSD may consider technical, economic, staffing,
budgetary, environmental, and other factors in its consideration of whether to form an
AVAD and the ultimate decision is at the sole discretion of the Board of Directors.
AVAD Formation Process
There are several staff level actions and three Board approval steps in the AVAD
Process. CCCSD's Board of Directors will consider approval of individual AVAD
projects which staff has determined meet the formation criteria. The following Board
actions are required:
• Initiation of an AVAD
• Approval of the 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
Pape 8 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.
Pape 7 of 11
e 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.
0 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.
e 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
Pape 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
Page 9 of 11
person(s) owns three or more parcels in the same AVAD or different
AVADs, that person(s) may be a Participant for three or more parcels,
but will be eligible for the annual assessment option for only two parcels.
The shares of the AVAD expenses for the other parcels must be paid by
the lump sum payment option at time of connection.
• The assessments shall be equal for each Participant Parcel unless
otherwise provided for in the contract and documents creating the
AVAD. If an existing Participant's Parcel can be legally subdivided,
there are two dwellings currently existing on a single parcel or other cost
of service related factors justifying differing assessments are present,
said Parcel may be assigned more than one assessment.
• To determine the assessment for each AVAD Parcel, the Board of
Directors will divide the total allowable project costs by the total number
of benefiting properties, adjusting for exceptions as noted above.
• The costs of the work associated with designing and constructing
sanitary sewer mains, manholes, rodding Inlets, and private sewer
laterals within public streets or right -of -way may be included as eligible
costs of the AVAD. Other eligible AVAD costs Include paving and other
appurtenances within public streets, rights of way necessary to bring the
sewer service to a Participant Parcel, CCCSD's Capacity Fee, and
CCCSD's Alhambra Valley Trunk Sewer reimbursement charge.
• The cost of septic tank abandonment, installation of the private sewer
laterals (not within a public street or public right of way), and other
CCCSD fees and charges customarily due upon connection to the public
sewer shall be excluded from AVAD financing. For purposes of this
Page 10 of 11
paragraph, "rights of way" shall include public or private roads providing
legal ingress and egress to multiple parcels.
• 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 kbn-
participant Parcel owner to pay a reimbursement fee upon connection to
an AVAD facility will not expire; CCCSD will collect AVAD Non-
participant Reimbursement Fees indefinitely.
• The Board of Directors will establish AVAD Non - participant
Reimbursement Fees when the final assessments are established for
AVAD Participants. Subsequent adjustments to AVAD Non - participant
Reimbursement Fees may be made by the Board of Directors
periodically to recover CCCSD's carving cost of advancing the Non-
participants' share of AVAD expenses.
Paps 11 of 11
Item No. 4.a.
Via Vaqueros
Alhambra Valley
Assessment District
No. 2008 -7
Curtis Swanson
July 3, 2008
Via Vaqueros AVAD
Sewer Main Extension
• Meets AVAD criteria
• Potentially serves 11 properties.
• 530 feet of 8 -inch sewer; 2 MH
• Sewer Main Estimate: $142,155
• Cost per property: $26,750
(includes $7,303 trunk sewer
indirect reimbursement fee)
■ Annual Payment: $2,730
1
Election Results
Via Vaqueros AVAD No. 2008 -7
• Approve Assessment: 6 votes
• Oppose Assessment: 0 votes
• Not voting: 5 properties
2
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 3, 2008 No.: 6.a. Bids and Awards
Type of Action: AWARD CONSTRUCTION CONTRACT /AUTHORIZE EXECUTION
OF CONTRACT DOCUMENTS
subject: AWARD A CONSTRUCTION CONTRACT AND AUTHORIZE THE
GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO
SUBMITTAL REQUIREMENTS WITH K.J. WOODS CONSTRUCTION, INC. FOR
THE CONSTRUCTION OF THE LAFAYETTE SEWER RENOVATIONS, PHASE 5,
DISTRICT PROJECT NO. 5977
Submitted By: Initiating Dept. /Div.:
Wesley Adams, Assistant Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
Al �D
W. Adams enny i ecki A. Farrell Jaihe . Kelly,
G neral Manager
ISSUE: On June 12, 2008, six (6) sealed bids were received and opened for the
construction of the Lafayette Sewer Renovations, Phase 5, District Project No. 5977.
The Board of Directors must award the contract or reject bids within 50 days of the bid
opening. Authorize the General Manager to execute the Contract Documents subject to
SUBMITTAL requirements.
RECOMMENDATION: Award a construction contract and authorize the General
Manager to execute the Contract Documents subject to favorable review of insurance
certificates, bond submittals, appropriate Contractor license, and any other required
submittals (SUBMITTALS).
FINANCIAL IMPACTS: Approximately $1,830,000, including design, bid price,
contingency, and construction management.
ALTERNATIVES /CONSIDERATIONS: Reject all bids, which is not recommended.
BACKGROUND: The District's collection system has pipe segments that range in age
from new to over 100 years. Some of the pipe segments are at or near the end of their
useful life as evidenced by their need for frequent maintenance, high rate of infiltration,
and /or threat of structural collapse. A District -wide television inspection program was
implemented in 2002 and completed in 2006 for the Lafayette area. Candidate sewer
line segments for replacement are identified, evaluated, scored, and placed on a priority
list for replacement or renovation.
This project is the fifth phase of multiple phases in Lafayette (see Attachment 1). The
Lafayette Sewer Renovations, Phase 5, will renovate approximately 11,000 linear feet
N: \PESUP \Cbradley \Position Papers\Adams \5977 PP Award Construction Contract.doc Page 1 of 7
POSITION PAPER
Board Meeting Date: July 3, 2008
subject: AWARD A CONSTRUCTION CONTRACT AND AUTHORIZE THE
GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO
SUBMITTAL REQUIREMENTS WITH K.J. WOODS CONSTRUCTION, INC. FOR
THE CONSTRUCTION OF THE LAFAYETTE SEWER RENOVATIONS, PHASE 5,
DISTRICT PROJECT NO. 5977
of 6- to 15 -inch sewer lines in Lafayette and Moraga. Renovation of the sewers will be
in streets and easements and will involve close cooperation with the City of Lafayette,
the Town of Moraga, and customers for site access and restoration. Attachment 2
summarizes the coordination efforts related to traffic control /impacts on St. Mary's and
Moraga Roads.
District staff prepared the plans and specifications for the project. The Engineer's
estimate for construction of the Lafayette Sewer Renovations, Phase 5, is $1,980,000.
This project was advertised on May 29 and June 3, 2008. Six (6) sealed bids ranging
from $1,238,000 to $1,636,171 were received and publicly opened on June 12, 2008.
The Engineering Department conducted a technical and commercial review of the bids
and determined that K.J. Woods Construction, Inc. is the lowest responsive bidder with
a bid amount of $1,238,000. A summary of bids received is shown in Attachment 3.
The District will administer the construction contract and will provide contract
administration, inspection, survey, office engineering, and submittal review. The funds
required to complete this project, as shown in Attachment 4, are $1,660,000. The total
cost of the Lafayette Sewer Renovations, Phase 5, is anticipated to be $1,830,000.
This project is included in the fiscal year 2008 -09 Capital Improvement Budget (CIB) on
pages CS -19 and CS -20. Staff has conducted a cash -flow analysis of the Collection
System Program budget and concluded that adequate funds are available for this
project.
At its June 5, 2008 meeting, the District Board of Directors independently found that this
project is exempt from the California Environmental Quality Act (CEQA) under District
CEQA Guidelines Section 15302 since it involves replacement of existing sewer
facilities with negligible or no expansion of capacity. A Notice of Exemption has been
filed with the County Clerk.
RECOMMENDED BOARD ACTION: Award a construction contract in the amount of
$1,238,000 for the construction of the Lafayette Sewer Renovations, Phase 5, District
Project No. 5977, to K.J. Woods Construction, Inc., the lowest responsive bidder, and
authorize the General Manager to execute the Contract Documents subject to
SUBMITTAL requirements.
N: \PESUP \Cbradley \Position Papers\Adams \5977 PP Award Construction Contract.doc Page 2 of 7
Pv
O
P -1
24
�FM
Central Contra Costa
Sanitary District
Prepared by Engineering Support Secti<
P -14
0
ir
P- 22 /Vfit(S
e
P-2
P -18 P -17
P-20 P-8 ,
P -14 �' P�
P -20 . P -19
P-21 P,
P -12
RD
P -13
mo�<2�
ATTACHMENT 1
LAFAYETTE SEWER RENOVATION PHASE 5
DISTRICT PROJECT 5977
LOCATION MAP
P -12
P -11
P -10
P -3' P-9
P -15
P -16
N
9�
0 1500 3000
FEET
Drawing No.
1
Page 3 of 7
ATTACHMENT 2
Lafayette Sewer Renovation, Phase 5
District Project 5977
ST. MARY'S ROAD LINE REPLACEMENT
This project will replace 695LF of 12 -inch VCP sewer by pipe bursting in St. Mary's road
as shown on Attachment 1. This line segment has multiple cracks and is currently
being maintained every three months by CSO. The following mitigation efforts have
been incorporated into the Plans and Specifications to insure construction traffic
impacts are minimized:
- Due to EBMUD's closure of Moraga Road, the District's Contractor will not start
work prior to August 25, 2008 or after EBMUD re -opens Moraga Road in the
Town of Moraga.
- This site will be constructed in conjunction with the City of Lafayette's project, St.
Mary's Road Slide Repair.
- City of Lafayette and CCCSD will provide combined traffic control for work on St.
Mary's Road.
- Works hours will be restricted to 9:OOam to 2:OOpm (non- commute hours).
- One lane of traffic will be available at all times during construction.
- The expected duration of this work is estimated at 2 weeks.
MORAGA ROAD SPOT REPAIR
This project will repair 66LF of 12 -inch VCP in Moraga Road which has multiple cracks
and missing pipe (See Attachment 1). The following mitigation efforts have been
incorporated into the Plans and Specifications to insure construction traffic impacts are
minimized:
- The District's contractor is required to coordinate this spot repair with EBMUD's
project to insure that construction activity occurs concurrently thus minimizing the
overall construction traffic impacts.
- Works hours will be restricted to 9:OOam to 2:OOpm (non- commute hours).
- One lane of traffic will be available at all times during the construction of the spot
repair.
- The expected duration of this work is estimated at 1 week.
- Since this work will be coordinated with EBMUD's road closure on Moraga Road,
simultaneous work on Moraga road and St. Mary's road will not occur.
Page 4 of 7
ATTACHMENT 2
ATTACHMENT 3
LAFAYETTE SEWER RENOVATIONS, PHASE 5
DISTRICT PROJECT 5977
SUMMARY OF BIDS
PROJECT NO.: 5977 DATE: JUNE 12, 2008
PROJECT NAME: LAFAYETTE SEWER RENOVATIONS, PHASE 5
PROJECT LOCATION: LAFAYETTE, CALIFORNIA ENGINEER EST.: $1,980,000
BIDDER
BID PRICE
K. J. Woods Construction, Inc.
$1,238,000
2625 Judah Street #2
San Francisco, CA 94122
415- 759 -0506
J. Howard Engineering, Inc.
$1,353,190
1325 Howard Avenue, #265
Burlingame, CA 94010 -4212
650 - 375 -8314
D'Arcy & Harty Construction, Inc.
$1,456,392
1300 Carroll Avenue
San Francisco, CA 94124
415- 822 -5200
Pacific Trenchless, Inc.
$1,566,765
1619A Campbell Street
Oakland, CA 94607
415- 559 -0983
McNamara & Smallman Construction, Inc.
$1,617,221
1756 Holmes Street
Livermore, CA 94550
925 - 606 -7190
California Trenchless, Inc.
$1,636,171
2283 Dunn Road
Hayward, CA 94545
510- 782 -5335
BIDS OPENED BY /s /Elaine Boehme DATE June 12, 2008 SHEET NO. 1 of 1
WPESUP\Cbradley \Position Papers\Adams \5977 PP Award Construction Contract.doc Page 6 Of 7
F-
z
W
2
V
Q
F-
F-
Q
LO
W
U)
Q
2
0- r-
Z U-)
0O
Q Z
OW
Z W
W
w
W
w
w
F-
F-
w
LL
J
LL
d
F-
U
R
F-
U)
0
W
Q
H
N
W
z
O
H
H
z
O
0
W
m
0.
4+
N
0
V
c
0
0
CD
o
cf)
N
c
O
C)
0
O
O
O
O
O
O
00
r
�
!s4
N
o0
0
0
°
o
c
�
�
o
r
O
N
E
603�
Q
°o
°o
°o
°o
°o
o
°o
°o
0
0
0
0
0
0
0
0
0 0
co
0
o
o
1
o
L6
Sri o
M
00
r
r
M
a-
�
T-
M t0
N
r
�
40).
ER
/�9
69
40
z
w
2
W
O
N
z
W
i
C
U
Oct
N
.0
W C
Q.
z
O
Z
E
�
z
O
f-
o
w
W
w
.y
V
W
ea
�.
Z
`
e
W
c
y
a
G
c
o
c
�
z
Q
o
c
z
Cl)
w
F-
�1
v°
Q
c°
y
�_
y
p
Vv
o
O
L
0
~
�c
z
~
m
U
N
Ow
Z
'_'
c
V
z
0
L
c
V
C
c `°
w
L)
Ix
J O
O
OLL
o
CL
N
:°-c
m
z•c3a
w
O
Q a
c
i
2
uU)
�V
c
o
a
d
rz<
-
=
a
aH
c
c
C2
-
X
0
0O
a
O
o—
a
Q
Ow
z
ea
r
ci
m
z
ea
M
w
�
H
z
02
ea
m
v
v
a
y
U.
av
6
N
M
ui
6
0
m
�o
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 3, 2008
No.: 6.b. Bzds and Awards
Type of Action: AWARD CONSTRUCTION CONTRACT /AUTHORIZE EXECUTION
OF CONTRACT DOCUMENTS
subject: AWARD A CONSTRUCTION CONTRACT AND AUTHORIZE THE
GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO
SUBMITTAL REQUIREMENTS WITH WILLIAM G. MCCULLOUGH COMPANY FOR
THE CONSTRUCTION OF THE MARTINEZ SEWER RENOVATIONS, PHASE 2,
DISTRICT PROJECT NO. 5979
Submitted By: Initiating Dept. /Div.:
Nancy Molina, Assistant Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
— ?.* *OL - r;jj)o — Ole-
N. Molina A. Rozul ilecki A. Farrell J*e0A. Kelly,
General Manager
ISSUE: On June 17, 2008, seven (7) sealed bids were received and opened for the
construction of the Martinez Sewer Renovations, Phase 2, District Project No. 5979.
The Board of Directors must award the contract or reject bids within 50 days of the bid
opening. Authorize the General Manager to execute the Contract Documents subject to
SUBMITTAL requirements.
RECOMMENDATION: Find that the project is exempt from the California
Environmental Quality Act (CEQA), award a construction contract, and authorize the
General Manager to execute the Contract Documents subject to favorable review of
insurance certificates, bond submittals, appropriate Contractor license, and any other
required submittals (SUBMITTALS).
FINANCIAL IMPACTS: Approximately $2,178,000 including design, bid price,
contingency, and construction management.
ALTERNATIVES /CONSIDERATIONS: Reject all bids, which is not recommended.
BACKGROUND: The District's collection system has pipe segments that range in age
from new to over 100 years. Some of the pipe segments are at or near the end of their
useful life as evidenced by their need for frequent maintenance, high rate of infiltration,
and /or threat of structural collapse. A District -wide television inspection program was
implemented in 2002 and completed for the Martinez area in 2007. Candidate sewer
line segments for replacement are identified, evaluated, scored, and placed on a priority
list for replacement or renovation.
N: \PESUP \Cbradley \Position Papers \Molina \5979 PP Award Construction Contract.doc Page 1 of 6
POSITION PAPER
Board Meeting Date: July 3, 2008
subject: AWARD A CONSTRUCTION CONTRACT AND AUTHORIZE THE
GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO
SUBMITTAL REQUIREMENTS WITH WILLIAM G. MCCULLOUGH COMPANY FOR
THE CONSTRUCTION OF THE MARTINEZ SEWER RENOVATIONS, PHASE 2,
DISTRICT PROJECT NO. 5979
This project is the second phase of multiple phases in Martinez (see Attachment 1).
The Martinez Sewer Renovations, Phase 2, will renovate 7,100 linear feet of 6- and
8 -inch sewer lines in Martinez. Construction of the sewers in easements will involve
close cooperation with residents for site access and restoration. All of the easements
for the West Green Street sewer, designated as P -10 and P -11 on Attachment 1, have
not been acquired to date. The Contract Documents anticipated this possibility and
provide the District with the ability to delete this portion of the construction up to July 11,
2008. The Contractor would not be entitled to any claims for loss of profit or revenue as
a result of this action. The West Green Street sewer represents 1,100 feet of pipe with
a bid price of approximately $200,000.
District staff prepared the plans and specifications for the project. The Engineer's
estimate for construction of the Martinez Sewer Renovations, Phase 2, is $1,934,000.
This project was advertised on May 29 and June 3, 2008. Seven (7) sealed bids
ranging from $1,379,595 to $2,047,376 were received and publicly opened on June 17,
2008. The Engineering Department conducted a technical and commercial review of
the bids and determined that William G. McCullough Company is the lowest responsive
bidder with a bid amount of $1,379,595. A summary of bids received is shown in
Attachment 2.
The District will administer the construction contract and will provide contract
administration, inspection, survey, office- engineering, and submittal review. The funds
required to complete this project, as shown in Attachment 3, are $1,778,000. The total
cost of the Martinez Sewer Renovations, Phase 2, is anticipated to be $2,178,000.
This project is included in the fiscal year 2008 -09 Capital Improvement Budget (CIB) on
pages CS -23. Staff has conducted a cash -flow analysis of the Collection System
Program budget and concluded that adequate funds are available for this project.
Staff has concluded that this project is exempt from the California Environmental
Quality Act (CEQA) under District CEQA Guidelines, Section 15302, since it involves
replacement of an existing facility at the same site and with substantially the same
purpose and level of activity as the facility being replaced. Authorization of the
construction contract for this project will establish the Board of Directors' independent
finding that the project is exempt from CEQA.
RECOMMENDED BOARD ACTION: Find that the project is exempt from CEQA,
award a construction contract in the amount of $1,379,595 for the construction of the
WPESUP\Cbradley \Position Papers \Molina \5979 PP Award Construction Contract.doc Page 2 of 6
POSITION PAPER
Board Meeting Date: July 3, 2008
Subject: AWARD A CONSTRUCTION CONTRACT AND AUTHORIZE THE
GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO
SUBMITTAL REQUIREMENTS WITH WILLIAM G. MCCULLOUGH COMPANY FOR
THE CONSTRUCTION OF THE MARTINEZ SEWER RENOVATIONS, PHASE 2,
DISTRICT PROJECT NO. 5979
Martinez Sewer Renovations, Phase 2, District Project No. 5979, to William G.
McCullough Company, the lowest responsive bidder, and authorize the General
Manager to execute the Contract Documents subject to SUBMITTAL requirements.
WPESUP\Cbradley \Position Papers \Molina \5979 PP Award Construction Contract.doc Page 3 of 6
PRIMARY SCHOOL
IPA
0_44 MARTINEZ JUNIOR
<0 HIGH SCHOOL
0 250 5W
Central Contra Costa Attachment
Sanitary District
MARTINEZ SEWER RENOVATION PHASE 2
LOCATION MAP
Page 4ofO
ATTACHMENT 2
MARTINEZ SEWER RENOVATIONS, PHASE 2
DISTRICT PROJECT 5979
SUMMARY OF BIDS
PROJECT NO.: 5979 DATE: JUNE 17, 2008
PROJECT NAME: MARTINEZ SEWER RENOVATIONS, PHASE 2
PROJECT LOCATION: MARTINEZ, CALIFORNIA ENGINEER EST.: $1,934,000
BIDDER
BID PRICE
William G. McCullough Company
$1,379,595
2625 East 18th Street
Antioch, CA 94509
925 - 755 -5403
Ranger Pipelines, Inc.
$1,567,844
1790 Yosemite Avenue
San Francisco, CA 94124
415- 822 -3700
J & M Inc.
$1,737,096
6700 National Drive
Livermore, CA 94550
925 - 724 -0300
W. R. Forde
$1,794,435
984 Hensley Street
Richmond, CA 94801
510- 215 -9338
K. J. Woods Construction, Inc.
$1,804,000
2625 Judah Street #2
San Francisco, CA 94122
415- 759 -0506
Delta Excavating Inc.
$1,842,790
307 Fulton Shipyard Road
Antioch, CA 94509
925 - 778 -1000
Lister Construction Inc.
$2,047,376
896 Aldridge Road, Suite B
Vacaville, CA 95688
707 -451 -2813
BIDS OPENED BY /s/ Elaine Boehme DATE June 17, 2008 SHEET NO. 1 of 1
N: \PESUP\Cbradley \Position Papers \Molina \5979 PP Award Construction Contract.doc Page 5 of 6
M
N
z
w
Q
H
Q
(N
w
U)
Q
CL
U)
z
_O
Z
w
ry
w
W
U)
N
w
z_
f-
Q
rn
I-
0)
LO
O
z
H
W
H
w
w
H
Q
N
w
z
O
H
D
H
N
z
V
w
a
p
m
N
a
*.
N
O
L)
c
0
R
0
p
M
r
o
aL+
N
C
O
V
0
O
O
O
O
00
O
r
CD
N
b9
N
o
CD
0
C
0
0
0
c
0)
c
O
co
NIf?
Q
r
�
Ln
0
°o
0
°o
0
°o
0
°o
0
°o
00
°° °o
I°
JCD
r
W
N
T--
O
O �D
J((CqODD
C4
!i?
ess
6& 6M
z
w
2
w
N
CD
Z
CO)
O
C
+r
w
p d
0
V
z
d
E
.L
r2
F-
Q C
J
Q.
•�
O
W
0
.0
z
O
o
p
w
w
w'
0
Q
c
z
a
z�
d
w
w
N
'a
v
a
p
z
p
c
Ln
Q
o
r
a
w
o
w
O
O�
Q
�°
4)
p
O
c
0
�,
0
z
O
d
c
'wo+
N
H
2
c
z
p
I—
C
0
W
V V
Ow
Z
0
aci
ti
R
�°
V
Z=
�°
V
J O
O
°
1
w
a
N
•-
w
L-
4)
i
d
w
O
Q OC
c
E
O
~
�
0
0
0)
0
o
w
Q
d
Q
z H
w
tt
CL
m
y
L0
U
� w
M
o
U)
Q
a
G2
�
H
z
°av
v
v
a
y
�
0
z
N
M
a
6
cc
0
a�
rn
ca
a
Agenda Item No. 7.a.1
BOARD REPORT
A -Line Relief Interceptor
Phase 2A
Project Update
JULY 3, 2008
Construction Impacts
• Buchanan Fields Golf Course / Driving Range
• Home Depot / U.S. Post Office
• Iron Horse Trail
• City of Concord
• Crown Plaza Hotel
• Walnut Creek
2
Walnut Creek Crossin
Financial Update (Const. Cost)
CCCSD Concord
• A -Line Relief Int. $9,754,000 $4,180,000
• Concord Inter -Tie - -- $6,716,000
• Potential CO's $20,000 $480,000
• Totals $9,774,000 $11,376,000
• Total Construction Cost $21,150,000
s
Schedule — Completion Dates
• Concord Inter -Tie August 2008
• A -Line Relief Interceptor October 2008
• Walnut Creek Crossing October 2008
• Concord Metering Station January 2009
N
Item No. Ta.2
Alhambra Valley Update
Sewer Service to Properties Outside the
County Urban _Limit Line
Curtis Swanson
July 3, 2008
Alhambra Valley Properties
Outside Urban Limit Line
19 properties totaling 121 acres.
17 properties in an "island ";
surrounded by lands within ULL.
2 properties at edge, between ULL and
Briones Regional Park.
11 properties are developed and 8 are
undeveloped (vacant).
1
Annexation Approach
February 21, 2008
1- - Seek Out of Area Service Agreements for
interested developed properties.
2. Prepare an EIR for annexation of all 19
properties outside ULL.
3. Complete EIR and evaluate annexation of:
a. Properties with Out of Area Service
Agreements.
b. Other interested undeveloped &
developed properties
Recent Activities
*Outside ULL owners met with Martinez
& County political leaders.
+Out of Area Service Agreements
delayed by LAFCO's Municipal Service
Review and Sphere of Influence
Review.
*County review of plans for an
undeveloped property.
2
County Conditions for
Undeveloped Property
Owner submitted plans for 2 residences
on undeveloped parcel outside ULL.
# Had "will serve letter" for Martinez
water.
*County is requiring owner to install a
well rather than extend city water
Upcoming Activities
*Request Board approval to request Out
of Area Service Agreements on July 17.
*Continue preparation of EIR for
annexation of all 19 properties outside
Urban Limit Line.
+If requested, support property owners
efforts to revise the ULL?
3
Agenda Item 7.a.3)
Board Meeting of July 3, 2008
Written Announcements:
District Upcoming Events/Meetings
a) Student Summer Picnic Reminder
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.
Project Related/Meeting Updates
b) South Orinda Sewer Renovation (Phase 3), DP 5985 — Public
Workshop Attendance
The District hosted a public workshop on Thursday, June 19, 2008 from
7:00 p.m. to 8:00 p.m. The meeting was held at the Orinda Intermediate
School and there were 17 attendees. The areas of concern expressed
were our coordination with the other agencies conducting projects or
paving in the area, and having advance notice of work occurring on their
streets. Additional topics discussed were expected construction impacts,
paving restoration, and lateral replacement.
General Updates/Follow Up
c) Alhambra Valley Trunk Sewer - Status of Resolution to
Pavement Issue of Comments Made by Matt Parkinen on May
1, 2008
At the May 1, 2008 Board Meeting, Mr. Matt Parkinen, who resides at 26
Wanda Way in Martinez, spoke to the Board about two issues related to
construction of the Alhambra Valley Trunk Sewer. His first issue dealt with
the adequacy of the pavement replacement for an 820 foot long section of
Wanda Way that is privately owned. Mr. Parkinen contended that the new
pavement thickness was less than the minimum 3 inches that was agreed
to between the District and the 14 owners of the private section of road.
The second issue was related to easement payments for use of his portion
of the private road and loss of use of his garage during the construction of
the inverted siphon under Alhambra Creek.
The District retained a pavement specialist to evaluate the thickness and
strength of the new pavement. This consultant determined that the
pavement thickness varied from 2.25 to 3.5 inches. To correct the
situation, the District decided to install another 1.5 inch overlay so that the
pavement thickness would exceed the minimum 3 inch thickness at all
locations. This work was completed on June 25, 2008.
The cost of the additional paving is an AVAD project cost and is a benefit
to the community. The District will be reimbursed as part of the AVAD
financing program.
District staff will meet with Mr. Parkinen next week to discuss and resolve
his easement payment issues.
Agenda Item 7.a.3)
Board Meeting of July 3, 2008
Additional Written Announcements:
Conferences/Trainings /Staff Away from the District
d) Updated Vacation Schedule for Jim Kelly
General Manager Jim Kelly will be out of the office from Friday, July 18th
through Tuesday, August 5th. Director of Engineering Ann Farrell will act
in his place during this time period. Jim will return to the office on
Wednesday, August 6th. This is a correction from a previous
announcement stating that Jim would be out of the office staring Monday,
July 14tH
General Updates /Follow Up
e) Household Hazardous Waste Collection Facility Fire
On Tuesday, July 1, 2008, at approximately 8:00 p.m., a fire occurred in a
trash dumpster at the Household Hazardous Waste Collection Facility
( HHWCF). The fire was detected by the District's patrolling security guard.
The guard called the fire department and District staff. The fire department
responded and put out the fire.
There was no damage to the HHWCF structure or stored waste. Allied
Waste brought a replacement dumpster the next day, and the damaged
trash dumpster will be cleaned and repainted. As the fire occurred during
non - business hours, operations at the HHWCF were not affected and the
facility opened as usual the next day. A
Water and foam used by the fire department to extinguish the fire was
collected in the HHWCF containment vaults. The water will be analyzed
and treated as necessary before proper disposal.
The trash dumpster is used for non - hazardous waste such as empty paint
containers, plastic bags, cardboard boxes, and office waste. District staff
is investigating the possible causes of the dumpster fire. This is the first
fire at the HHWCF in over ten years of operation.
Grand Jury
June 18, 2008
a. 3.
Contra 725 C Street
B
P.O. Box 911
Costa Martinez, CA 94553 -0091
County
Jim Kelly
General Manager
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
Dear Mr. Kelly,
On behalf of the incoming 2008 -2009 Contra Costa County Grand Jury, I want to
thank you for again supporting our annual Orientation program. I know from the
feedback I received that the incoming grand jurors found your presentation, and the
associated tour, to be very informative. The excellent arrangements by your staff
reflected the obvious emphasis you place on great customer service.
Your guests appreciated the overview of the district's many services, as well as
hearing about your goals, objectives and challenges. Thanks for taking time from
your busy schedule to provide the new jurors with your unique perspective. It gave
them an excellent idea of what it's like to operate a large, complex, independent
special district, one I might add, which seems to be very well managed.
Since ,
Jerry R. Holcombe
Foreperson, Contra Costa County Grand Jury
�d
=V
QL
4 i
N �
'� cU
cc
4
ctl
V
CM
C
0
.0 --
tip �
0
S
a€
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 3, 2008 No.: s.a. Engineering
Type of Action: AUTHORIZE CONSTRUCTION CHANGE ORDER
subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT CHANGE ORDER WITH NCCI, INC. ON THE
AERATION AIR RENOVATIONS PROJECT, DISTRICT PROJECT 7207
Submitted By: Initiating Dept. /Div.:
Nathan Hodges, Assistant Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
da � P/ I a 9 74-
N. Hodges A. Antkowiak ecki A. Farrell . AM, Ja es . Kelly,
District Counsel General Manager
ISSUE: Authorization by the Board of Directors is required for the General Manager to
execute a construction contract change order in an amount greater than $50,000.
RECOMMENDATION: Authorize the General Manager to execute a change order in
the amount of $97,000.
FINANCIAL IMPACTS: The total cost impact of the change order is $97,000. No
additional funding is required for the project. There are adequate funds in the project
budget contingency for this change order.
ALTERNATIVES /CONSIDERATIONS: Do not authorize the change order, which is not
recommended. Have Plant Operation Department staff replace the gaskets and
retaining rings during routine maintenance which is also not recommended since it is
cost effective to have the contractor do the work now.
BACKGROUND: The construction contract for the Aeration Air Renovations Project,
DP 7207, was awarded to NCCI, Inc. on May 15, 2008. The project work consists of
sealing cracks in the aeration basin foundation via grout injection. It is believed that the
foundation cracks are the primary source of air leaks into the soil from the aeration air
system.
The construction activity for the project was scheduled over two years with two phases
per year during the dry season. Each phase would remove two passes of the aeration
basins from operations. See Attachment 1. Construction work started on June 2, 2008
on Tank 1, Passes A & B. The first portion of work completed by the Contractor was
the cleaning of the aeration basin passes and removal of the diffusers. Each pass has
1,200 diffusers. A total of 2,400 diffusers have been removed by the contractor.
N: \PESUP \Position Papers \Hodges \7207 Change Order pp.doc Page 1 of 3
POSITION PAPER
Board Meeting Date: July 3, 2008
subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A CONSTRUCTION
CONTRACT CHANGE ORDER WITH NCCI, INC. ON THE AERATION AIR
RENOVATIONS PROJECT, DISTRICT PROJECT 7207
In the course of preparing to remove the diffusers a large number of leaks around the
diffuser retaining rings were observed. During removal of the diffusers, any broken
retaining rings were separated. To hold the diffuser in place and prevent air from
bypassing the diffuser there are two gaskets. Damaged gaskets were also set aside by
the Contractor.
Approximately 70% of the diffusers in Tank 1, Pass A were leaking through the
retaining ring. Approximately 5% of the diffusers in Tank 1, Pass B were leaking
through the retaining ring. A total of 275 broken retaining rings were found. In addition
to replacing the broken retaining rings, Plant Operations has requested that all of the
gaskets be replaced.
Due to the lead -time to obtain the new gaskets, staff has authorized a change order for
the Contractor to purchase the new gaskets for Tank 1, Passes A and B at a cost of
$40,000. This amount is within staff authority and will allow the Contractor to complete
this phase of the project on schedule. No new retaining rings were purchased under
this change order since Plant Operations had sufficient stock on hand.
Later this summer, Tank 1, Passes C and D of the aeration basins will be removed from
operation for repair. Staff recommends that all of the gaskets in these two passes also
be replaced at an additional cost of $40,000. Staff also recommends the purchase of
500 retaining rings to replace broken retaining rings in Tank 1, Passes C and D and to
replenish Plant Operations inventory of spares that were utilized to replace broken
retaining rings in Tank 1, Passes A and B. The cost of the retaining rings is $57,000,
bringing the total cost of the second change order, including gaskets and retaining
rings, to $97,000.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a
change order in the amount of $97,000 with NCCI, Inc.
N:\PESUP \Position Papers \Hodges \7207 Change Order pp.doc Page 2 of 3
RE TURId - ►'•• -- RETURN
SLUDGE :L! G320C
MIXED
2 if
> > � V31502
WA N—n n x
ACTI �A l SSLLUD
-- - -- V31V3155 1,3.,x— __
V31503 F� „ xSELEC �j PR,OCE55 u ,ICHANNEL
i > :91 C,. F'IrP —.i *:;IX `'vim )nnn, n {C= —/" —
n (r dl�n `=nx n}jiifjn aUiit?u I -L�t iN�i ^yiu
\ \\ w FFLULEIJT
J BOX 9 J<
I.
p fd V31522 V31523
rV
UV U
w
CLEANING N V31521 '
BUILDING V3 508
4- V3507
V 1506 a
T 1 �� TA K 2
V 31514 ry p
-- ---- - - - --- - PJAnt5,5 A PAryS /S� 8 PASS C
PASS D PASS D PASS C PASS 5 PASS A a
V3 505
.SUB-
-- -- -
STATION
17 u iauu
V3 504
' AniaTinpi R QIIUS
Page 3 of 3
i
,
Jjj�
Jjjl,
V
V
V 31511
NOT IN USE
- 2 512 a ii FINAL
EFFLUENT
it ni n�
n n CHANNEL
i
?�
RETURN
SLUDGE (_) 94"
RETURN
c
SLUDO
rn
0
0
j
i
V
N
E
u
i
c
s
a
Central Contra Costa
Attachment
Sanitary District
AERATION AIR RENOVATION
District Project 7207
u
Page 3 of 3
Agenda Item 8a
AERATON AIR RENOVATIONS
DP 7207
Central Contra Costa Sanitary District
Board Presentation
July 3, 2008
Project Background
• Project Purpose: Reduce Air Leak and
Stabilize Foundation
• General Contractor: NCCI Inc.
• Contract Amount: $1,429,972
• Completion Date: November 8, 2008
• Optional 2nd Year
Results to Date
■ Air Leaks Virtually Stopped
Construction Issues
• Gasket/ Retaining Ring Replacement
• Damaged Drain Line
• Relief Valve Replacement
■ Grout Quantities
Drain Line Repair
■ Drilled hole in 3
Locations
• Drain Line Not Shown
on Design Drawings
• Cost to Repair $7,000
• Potential Delay Claim
• Investigate Drain Line
Condition
Relief Valve Replacement
■ Purpose: Prevent
flotation of tanks due
to water pressure
■ Valves Corroded and
not functional
• New grout may have
plugged drain rock
• Estimated Cost to
Replace $47,000
Grout Injection
• Experimental Repair
• Pilot Tested in 2007
• Process Works Well
but Greater Quantities
Used
• Potential Cost Increase
of $400,000
• Testing Another
Product and Methods
Cost Summary
■ Board Action
■ Approve $97,000 Change Order for gaskets and
retaining rings in Passes C & D
■ Board Information
■ Staff authorized $40,000 for gaskets in Passes A
&B
• Drain Line estimated at $7,000
• Relief Valves estimated at $47,000
• Additional Grout Injection as much as $400,000
Questions?