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HomeMy WebLinkAboutMINUTES - 04121988 - T.2 I T. 2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA DATE: April 12, 1988 MATTER OF RECORD --------------------------------------------------------------------- --------------------------------------------------------------------- SUBJECT: Hearing on Engineer' s Report and protests to improvements for Assessment District 1987-2, Discovery Bay Treatment Plant Upgrade The Board on February 23 , 1988 fixed this date and time for hearing on the Engineer' s Report and any protests to improvements for Assessment District 1987-2, Discovery Bay Treatment Plant Upgrade. The Chair declared the public hearing open. The following appeared to speak: William H. Monsen, Vice President, Griener Engineering of California, Inc. , Engineer of Work, reviewed the project, the costs and the spread of the assessments upon the parcels. He explained that the Hofmann Company had agreed to pay for the costs to expand the capacity of the system, and that only the cost of the upgrading to current State standards on the existing system was to be paid for by the property owners. David Lennon, Hofmann Company, appeared and presented a chart showing the costs of upgrading the current system and the cost of expanding the system to accommodate new connections. He confirmed that the Hofmann Company had agreed to pay for the expansion of the system, while the cost of making the existing system meet current legal requirements are to be paid for by the property owners. He urged the Board to approve the Engineers Report and to go forward with the Assessment District. William Wisdom, 946 Lido Lane, Byron appeared in opposition to the project. He suggested no further permits be issued. Elaine Duggen, 5370 Willow Lake Court, Byron appeared. in opposition, suggesting that the system was overtaxed because of the development that had taken place. She suggested no further building permits be granted. Ken Corbett, 380 Discovery Bay Boulevard, Byron, inquired as to the ownership of Contra Costa County Sanitation District 19, and whether the plant was originally designed for just the existing homes at that time. He questioned the new laws requiring upgrading of the existing system. Supervisor Torlakson explained the function of a County Sanitation District, and how the State regulations governing treatment plants have raised requirements since the plant was designed. Cliff Hazen, 5305 Willow Lake Court, Discovery Bay, suggested that those owners who were there when the original sewage plant -was put in should not have to pay to upgrade or expand it now, but that expense should be borne by new development that has taken place since the original plant construction, or the original residents should at least get a discount for their contribution to the original system. Ron Tsugita, General Manager of Contra Costa County Sanitation District 7A, responded to the questions relating to the spread of costs and to the requirements for upgrading the system in response to State regulations in order to bring it into compliance. He advised that CCC Sanitation District 7A in its capacity as operating contractor for CCC Sanitation District 19 urged the approval of the project. Supervisor Torlakson inquired if the Citizen' s Advisory Committee was recommending that the Board of Supervisors approve the plan. Ed Morell, Chairman of the Citizen' s Advisory Committee, advised that the Committee has studied the plan and finds it fair and equitable and recommends approval. No one else appeared to speak. Supervisor Torlakson closed the public hearing and the Board adopted Resolution No. 88/189 overruling protests, Resolution No. 88/196 approving the Engineer' s Report and Assessment, Resolution No. 88/191 awarding the construction contract to the lowest responsible bidder, E. H. Morrill Co. , and 88/192 authorizing change orders for said contract. Supervisor Torlakson requested. Ron Tsugita, General Manager of Contra Costa County Sanitation I District 7A, and the staff of CCC Sanitation District 19 to respond to all the residents who have filed protests. THIS IS A MATTER OF RECORD. RESOLUTION. NO. 88/189 RESOLUTION OVERRULING PROTESTS DISCOVERY BAY SEWAGE TREATMENT PLANT UPGRADE ASSESSMENT DISTRICT NO. 1987- COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA The Board of Supervisors of the County of Contra Costa resolves: On April 12 , 1988, the Board of Supervisors opened a public hearing on the resolution of intention and the engineer's report on the proposed improvement in Discovery Bay Sewage Treatment Plant Upgrade, Assessment District No. 1987-2, County of Contra Costa, State of California. At or before the time set for hearing, certain interested persons made protests or objections to the proposed improvement, the extent of the assessment district or the proposed assessment. The Board of Supervisors hereby overrules each of these protests, written or oral. The Board of Supervisors 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 to be assessed for the improvement. RESOLUTION NO. 88/189 I HEREBY CERTIFY that', the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of California, at a regular meeting thereof, held on the 12th day of April, 1988. AYES: Supervisors Fanden, Torlakson and Schroder NOES: None ABSENT: Supervisors Powers and McPeak ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Lg� cc: Public Works Director County Counsel County Auditor Controller County Treasurer/Tax Collector Engineer of Work Bond Counsel (2) 2 RESOLUTION NO. 88/189 RESOLUTION NO. 88/190 RESOLUTION APPROVING REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT DISCOVERY BAY SEWAGE TREATMENT PLANT UPGRADE ASSESSMENT DISTRICT NO. 1987-2 COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA The Board of Supervisors of the County of Contra Costa resolves: This Board has taken a series of actions preliminary to ordering the improvement in Discovery Bay Sewage Treatment Plant Upgrade, Assessment District No. 1987-2, County of Contra Costa, State of California, and now makes the following findings and orders: 1. The Board adopted a map showing the boundaries of the land benefited by the proposed improvement. A copy of the boundary map was 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 1913 , and directed Greiner Engineering of California, Inc. , as the Engineer of Work for the assessment district, to prepare the report required by Section 10204 of the Streets and Highways Code. The improvement is generally described as follows: The work to be done consists of the construction and/or acquisition of improvements for the upgrading of the existing sewage treatment plant to meet Regional Water Quality effluent requirements by performing site Work, construction of a new oxidation ditch; construction of new head works; modification of the chlorine solution chamber; installation of yard piping; pump station modifications; installation of water booster pumps and piping; construction of electrical work and motors; and all other necessary work to provide a complete operational system of improvements for the treatment of sewage at Discovery Bay together with the construction of sludge drying beds and pads for handling dried sludge. RESOLUTION NO. 88/190 3 . The Engineer of Work filed the report as directed, and the Board of Supervisors called a hearing on the report as required by Section 10301 of the Streets and Highways Code. Notice of the hearing was given by publication, by street posting and by mailing to affected property owners, all according to the Municipal Improvement Act of 1913 . Affidavits of publication, posting and mailing were filed with the Clerk of the Board. 4. At the time and place for which notice was given, the Board of Supervisors conducted a public hearing and gave every interested person an opportunity to object to the proposed improvement, the extent of the assessment district, or the proposed assessment. Following the hearing, at the direction of the Board of Supervisors the Engineer of Work filed an amended cost estimate. 5. The Board 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. 6. 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 Clerk of the Board. Document or Event Date Number a. Resolution approving boundary map 2/23/88 88/91 b. Boundary map filed with County Recorder 3/4/88 C. Resolution of Intention 2/23/88 88/95 d. Filing of Engineer's Report 2/23/88 e. Resolution accepting Report 2/23/88 88/96 f. Certificate of Mailing Notice of Improvement 3/10/88 9. Affidavit of publication of Notice of Improvement 3/8/88 h. Certificate of posting Notice of Improvement 3/21/88 i. Public hearing conducted 4/12/88 j . Filing of amended cost estimate 4/12/88 2 7 . The Board approves the Engineer's Report, the amended cost estimate and each component part of the report, including each exhibit incorporated by reference in the report. 8. 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 proportion to the estimated benefits to be received by each parcel , respectively, from the improvement. The Board of Supervisors hereby confirms and levies each individual assessment as stated in the Engineer's Report. 9. This Board orders the improvement described in paragraph 2 and as detailed in the Engineer's Report. 10. Serial bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code) , and the last installment of the bonds shall mature four (4) years from the second day of September next succeeding twelve (12) months from their date. 11. According to Section 10603 of the Streets and Highways Code, the Board of Supervisors designates the County Treasurer to collect and receive payment of the assessments. The property owners who elect to pay their assessments in cash before the issuance of improvement bonds will not be required to pay their pro rata share of the allowance for special reserve fund and allowance for bond discount. 12. The amount to be assessed against each of the parcels or subdivisions of land shown on the Report does not exceed 750 of the market value of each of the properties assessed after the construction of improvements; and the appraisal of the market value 3 of the properties to be assessed: on file in these proceedings is hereby adopted as the market value of each of said parcels. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of California, at a regular meeting thereof, ' held on the 12th day of April, 1988. AYES: Supervisors Fanden, Torlakson and Schroder NOES: None ABSENT: Supervisors Powers and McPeak ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Q cc: Public Works Director County Counsel County Auditor Controller County Treasurer/Tax Collector Engineer of Work Bond Counsel (2) 4 RESOLUTION NO. 88/191 RESOLUTION AWARDING CONTRACT DISCOVERY BAY SEWAGE TREATMENT PLANT UPGRADE ASSESSMENT DISTRICT NO. 1987-2 COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA The Board of Supervisors of the County of Contra costa resolves: The County of Contra Costa has received public bids for the construction of improvements in Discovery Bay Sewage Treatment Plant Upgrade, Assessment District No. 1987-2, County of Contra Costa, State of California. The Engineer of Work has reviewed the bids and now recommends award of the construction contract to the lowest responsible bidder, E. H. Morrill Co. , whose bid price is $1,596, 000.00. The Board of Supervisors therefore awards the contract to that bidder. All other bids are rejected. The Board of Supervisors directs the Clerk of the Board to publish a notice of award of contract. The Board of Supervisors authorizes and directs the Chairman of the Board and the Clerk of the Board to sign the written contract for this construction when it is presented to them for signature, along with the surety bonds and insurance certificates required by the construction specifications. RESOLUTION NO. 88/191 I HEREBY CERTIFY that°`the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of California, at a regular meeting thereof, held on the 12th day of April, 1988. AYES: Supervisors Fanden, Torlakson and Schroder NOES: None ABSENT: Supervisors' Powers and McPeak ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator . 12By cc: Public Works Director County Counsel County Auditor Controller County Treasurer/Tax Collector Engineer of Work Bond Counsel (2) 2 RESOLUTION No. 88/192 RESOLUTION AUTHORIZING CHANGE ORDERS DISCOVERY BAY SEWAGE TREATMENT PLANT UPGRADE ASSESSMENT DISTRICT NO. 1987-2 COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA The Board of Supervisors of the County of Contra Costa resolves: The Board hereby authorizes the Director of Public Works to issue change orders for the work in Assessment District No. 1987-2 , under the following conditions: 1. To correct clerical and technical errors in the plans and specifications. 2. To modify the design of the improvement to accord with better engineering practice or to achieve economy of construction. 3 . To adjust the design of the improvement to utility locations, soil conditions, or other conditions unknown or uncertain when plans were drawn. Cost increases in change orders issued under this authority shall not aggregate more than the amount set aside for construction contingencies in the cost estimate approved by the Board. RESOLUTION NO. 88/192 I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of California, at a regular meeting thereof, held on the 12th day of April, 1988 . AYES: Supervisors Fanden, Torlakson and Schroder NOES: None ABSENT: Supervisors Powers and McPeak ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator BY _ Q�az� /Ll� fi cc: Public Works Director County Counsel County Auditor Controller County Treasurer/Tax Collector Enqineer of Mork Bond Counsel (2) 2