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Home My WebLink About05.a. Public hearing re proposed ordinance re Standard SpecsCentral Contra Costa Sanitary District I BOARD OF DIRECTORS •�• POSITION PAPER Board Meeting Date: September 1, 2011 subject: CONDUCT A PUBLIC HEARING TO CONSIDER A PROPOSED ORDINANCE TO ESTABLISH THE " CCCSD STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION, 2011 EDITION" AS THE DISTRICT'S STANDARD SPECIFICATIONS IN ACCORDANCE WITH DISTRICT CODE SECTION 9.08.010 Submitted By: Initiating Dept. /Div.: Jarred Miyamoto - Mills, Principal Engineer Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: J. Miyamoto -Mills Curt Swanson Ann F II Kent Alm James M. Kelly, General Manager ISSUE: Section 9.08.010 of the District Code requires that a public hearing be held prior to the Board of Directors' consideration of an ordinance to establish or amend the District's standard specifications. RECOMMENDATION: Conduct a public hearing to consider a proposed ordinance to establish the document entitled: CCCSD Standard Specifications for Design and Construction, 2011 Edition as the District's standard specifications. Adopt the ordinance. FINANCIAL IMPACTS: None by this action. Design and construction of new facilities in accordance with the proposed specifications will minimize future maintenance costs and ensure that the facilities have an acceptably long service life. ALTERNATIVES /CONSIDERATIONS: The Board could decline to adopt the 2011 edition of the standard specifications, however, this is not recommended since it is important that the most current materials, methods and practice be covered by a Board - established specifications document. BACKGROUND: The District's Standard Specifications for Design and Construction was last updated in 2010. Since that document was published, staff has continued to solicit comments from internal and external customers, and has revised the document to clarify requirements, and include additional requested information on materials, methods, technologies and industry practices. The updated document is now ready for publication. Section 9.08.010 of the District Code requires that the Board of Directors establish the standard specifications by ordinance after conducting a public hearing. RECOMMENDED BOARD ACTION: Conduct a public hearing to consider a proposed ordinance to establish the document entitled: CCCSD Standard Specifications for Design and Construction, 2011 Edition as the District's standard specifications. Adopt the ordinance. N: \ENVRSEC \Position Papers \Miyamoto- Mills\2011 \9- 1 -11 \PP to Establish the Std Specs 2011 Edition -FINAL 9- 1- 11.doc Page 1 of 1 CENTRAL CONTRA COSTA SANITARY DISTRICT Conduct a Public Hearing to Consider a Proposed Ordinance to Establish the " CCCSD Standard Specifications for Design and Construction, 2011 Edition" as the District's Standard Specifications in Accordance with District Code Section 9.08. Suggested Agenda September 1, 2011 I. Request Staff Report II. Hearing A. Open Hearing. B. Receive comments, if any. C. Close Hearing. III. Discussion IV. Recommended Actions: A. Adopt the proposed ordinance to establish the document entitled: CCCSD Standard Specifications for Design and Construction, 2011 Edition as the District's standard specifications. N: \ENVRSEC \Position Papers\ Miyamoto- Mills\2011 \9 -1 -11 Agenda for Hearing Re 2011 Std Specs FINAL 9- 1- 11.doc ORDINANCE NO. 268 AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT (UNCODIFIED) ESTABLISHING THE "STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION, 2011 EDITION" AS THE DISTRICT'S STANDARD SPECIFICATIONS IN ACCORDANCE WITH DISTRICT CODE SECTION 9.08.010 WHEREAS, the Board of Directors (Board) of the Central Contra Costa Sanitary District (District) finds that changes in acceptable materials, methods, industry practices, technologies and standards for design and construction of sanitary sewers have occurred since the current standard specifications document was published in 2010; and WHEREAS, it is necessary to establish and adopt a revision of the standard specifications document by ordinance in accordance with District Code Section 9.08.010, to incorporate updated requirements to address these changes; and WHEREAS, staff has completed a review of the 2010 standard specifications and has prepared an updated document clarifying requirements and incorporating the latest information regarding materials, methods, industry practices, technologies and standards. THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does hereby ordain as follows: Section 1 (To be uncodified) A. That the document entitled: "Standard Specifications for Design and Construction April 2011 Edition" is hereby established as the District's standard specifications, in uncodified form, in accordance with the provisions of District Code Section 9.08.010, and said document is made a part hereof by this reference. Copies of said revision shall be kept on file with the standard specifications in the office of the Secretary of the District and shall be available for public inspection and purchase at the offices of the District, 5019 Imhoff Place, Martinez, California 94553. B. That the most relevant and recently enacted local, county, state, federal or international standards and District, county, state or federal statutes, regulations, and ordinances applied, referenced or mentioned in the Standard Specifications are hereby incorporated and adopted, including any and all future revisions and enactments of such standards, statutes, regulations and ordinances. Ordinance No. 268 Page 2 of 3 Section 2 A. Finding of No "Project" The District Board's action in adopting the proposed Standard Specification revisions does not constitute a Project as envisioned by CEQA, as this action is consistent with defined circumstances that do not constitute a Project pursuant to the provisions of Title 14 sections 15378(b)(2) and (5) of the California Code of Regulations. B. Severability If any provision of this Ordinance or application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. 2. The Board of Directors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subdivision, paragraph, sentence, clause, or phrases are held unconstitutional, invalid or unenforceable. 3. Notwithstanding the foregoing provisions of this Section 2, a repeal of any Section of the District Code as it exists on the date of this Ordinance shall not remain effective if the modified new Section replacing that provision is held invalid or for any reason is not given legal effect. In such a case, the original Section shall be considered to have remained in effect without lapse. Section 3 Effective Date This Ordinance shall be a general regulation of the District and a summary shall be published in the Contra Costa Times and the San Ramon Valley Times, newspapers of general circulation, published and circulated within the District and shall be effective on the eighth day following said publication. Said Standard Specifications revisions shall remain in effect until amended by Ordinance or until amended as set forth in Section 1.B. Ordinance No. 268 Page 3 of 3 PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 1st day of September, 2011, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Barbara D. Hockett President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm Counsel for the District