HomeMy WebLinkAboutAGENDA BACKUP 11-04-99
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 4, 1999
No.: 3. a. CONSENT CALENDAR
Type of Action: ACCEPT GRANT OF EASEMENT AND QUITCLAIM EASEMENT
Subject: ACCEPT A GRANT OF EASEMENT FROM AND QUITCLAIM AN EXISTING
EASEMENT TO MARILOUISE SANFORD LEWIS IN CONNECTION WITH THE SOUTH
ORINDA SEWER IMPROVEMENTS PROJECT, DISTRICT PROJECT NO. 4928
Submitted By:
Ricardo Hernandez,
Engineering Assistant
Initiating Dept./Div. :
Engineering Dept./Capital Projects Div.
R. Hernandez
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W. Brennan
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
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ISSUE: Board approval is required for the District to accept or quitclaim easements.
BACKGROUND: During construction of the South Orinda Sewer Improvements Project,
the alignment of the proposed sewer was modified to avoid damaging roots to a tree at
24 Southwood Drive, Orinda (map attached). The owner of the subject property allowed
for the change in alignment conditioned upon a new easement being acquired and the old
easement being quitclaimed after construction was completed.
The property owner was compensated ($950) for the additional easement area needed to
accommodate the new alignment. Funds for the purchase of right of way were included
in the authorized South Orinda Sewer Improvements Project, DP 4928.
Staff concluded that this Grant of Easement and Quitclaim Deed are exempt from the
California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section
18.6, since it involves a minor alteration in land use limitations. Approval of the Grant of
Easement and Quitclaim Deed will establish the Board of Director's independent finding
that these transactions are exempt from CEQA.
RECOMMENDATION: Accept the Grant of Easement from Marilouise Sanford Lewis and
approve the Quitclaim Deed to Marilouise Sanford Lewis, and authorize staff to record
these documents with the Contra Costa County Recorder.
10/27/99 H:\Design\PP\4928 Lewis.rh
Page 1 of 2
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 4, 1999
No.: 3.a. CONSENT CALENDAR
Type of Action: SET HEARING DATE
Subject: ESTABLISH NOVEMBER 18, 1999, AS THE DATE FOR A PUBLIC HEARING TO
CONSIDER REVISIONS TO SMALL BUSINESS CHARGES FOR HHWCF SERVICES
Submitted By:
Tim Potter, Source Control Program
Superintendent
REVeW~D RECDMM~~([;R BOARD ACTION,
T. Pott" C. SW"",O" ~
Initiating Dept./Div. :
Engineering/Environmental Services
ISSUE: Several changes have occurred at the CCCSD/MVSD Household Hazardous
Waste Collection Facility (HHWCF) which reduce the charges that eligible small
businesses identified in regulations as Conditionally Exempt Small Ouantity Generators
(CESOG) are to be charged for disposing of hazardous wastes at the HHWCF. A public
hearing is required to consider revisions to District rates and charges, including the
CESOG charges.
BACKGROUND: On August 6, 1998, the CCCSD Board of Directors passed
Ordinance number 206 establishing hazardous waste handling and disposal charges
for eligible small businesses to pay when they use the services of the HHWCF. The
CESOG rates were set to recover the incremental cost of disposal of the wastes
delivered to the HHWCF by business customers. The packaging method and the
transportation/disposal cost per container charged to CCCSD are used to calculate this
incremental cost of disposal. Changes to either the packaging method or disposal
charges can prompt a change to the CESOG fees.
Since passage of Ordinance number 206, several changes have occurred which reduce
the CESOG fees that small businesses should be charged. Examples of these changes
include:
· Reduced charges by Philip Services Corporation (PSC) for certain types of waste
transported under the contract with them;
10/27/99
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Page 1 of 2
POSITION PAPER
Board Meeting Date: November 4, 1999
Subject: ESTABLISH NOVEMBER 18, 1999, AS THE DATE FOR A PUBLIC HEARING TO
CONSIDER REVISIONS TO SMALL BUSINESS CHARGES FOR HHWCF SERVICES
. Alternative packaging methods to take advantage of lower charges for larger
shipping containers;
. Recent improvements to the HHWCF providing for more efficient handling of
hazardous wastes; and
. Alternative vendor used to recycle propane cylinders at a lower price than PSC's
services.
RECOMMENDATION: Establish the Board's regularly scheduled meeting on November
18, 1999, as the date for a public hearing to receive comments on proposed revisions
to CESQG charges for small businesses that use the services of the HHWCF.
10/27/99
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Page 2 of 2
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 4, 1999
No.:
6.a. ENGINEERING
Date: October 26, 1999
Type of Action: AUTHORIZE CAD
Subject: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT
(CAD) FOR PROPERTIES ON MUIR LANE IN ALAMO FOR INSTALLATION OF SEWER
IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE MUIR LANE CAD
NO. 99-2, FOR APPROVAL OF THE BOUNDARY, AND REQUESTING CONSENT OF
CONTRA COSTA COUNTY FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE CAD
Submitted By:
Russell B. Leavitt, Management Analyst
Initiating Dept./Dlv. :
Engineering/Environmental Services
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ISSUE: Owners of properties on Muir Lane in Alamo are interested in connecting their
homes to the Central Contra Costa Sanitary District (CCCSD) sewer system and have
requested formation of a Contractual Assessment District to finance an extension of the
public sewer system. Board approval is required for a Contractual Assessment District.
BACKGROUND: Owners of properties located on Muir Lane in Alamo have contacted
District staff to obtain information regarding connecting their homes to CCCSD's public
sewer system. Signed forms expressing interest in investigating and forming a
Contractual Assessment District (CAD) are on file from eight of the 13 property owners
on Muir Lane whose properties could benefit from the extension of a public sewer. The
area where the CAD would be formed is shown on Attachment 1.
The initial step toward creation of Muir Lane CAD No. 99-2 is for the Board of Directors
to adopt a resolution indicating CCCSD's intention to designate an area within which
contractual assessments are appropriate; briefly describing the proposed financing for the
project; establishing the boundaries of the CAD; setting the time, date, and place for a
public hearing at which interested persons may inquire about or object to the proposed
program; and directing staff to prepare an Engineer's Report describing the project and
financing arrangements.
Additional resolutions are required to approve the boundary of the assessment district and
to request the consent of Contra Costa County for CCCSD to conduct proceedings for
Muir Lane CAD No. 99-2.
T:\TP Planning\Leavitt\CAD\Muir\authorizePP. wpd
Page 1 of 9
POSITION PAPER
Date: October 26, 1999
Subject: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT
(CAD) FOR PROPERTIES ON MUIR LANE IN ALAMO FOR INSTALLATION OF SEWER
IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE MUIR lANE CAD
NO. 99-2, FOR APPROVAL OF THE BOUNDARY, AND REQUESTING CONSENT OF
CONTRA COSTA COUNTY FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE CAD
Staff has concluded that this project is exempt from CEOA under CEOA Statute Section
21080.21 since it will lead to construction of a pipeline less than a mile in length in a
public right-of-way. Approval of this project will establish the Board of Directors'
independent finding that this project is exempt from CEQA.
RECOMMENDATION: Authorize formation of a CAD consisting of 13 properties on Muir
lane by:
1 . adopting a resolution of intention to create Muir lane Contractual Assessment
District No. 99-2 for the purpose of installing sewer improvements (Exhibit 1);
2. adopting a resolution approving the boundary of the assessment district (Exhibit 2);
and
3. adopting a resolution requesting consent from Contra Costa County for the CCCSD
to conduct proceedings for Muir lane CAD No. 99-2 (Exhibit 3).
T:\TP P1anning\Leavin\CAD\Muir\authorizePP. wpd
Page 2 of 9
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Page 4 of 9
EXHIBIT 1
RESOLUTION NO. 99-_
RESOLUTION OF INTENTION TO CREATE
MUIR LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 99-2
FOR THE PURPOSE OF INSTALLING SEWER IMPROVEMENTS
WHEREAS the public health and the environment will be best protected by the
expansion of the public sewer system;
WHEREAS the construction and installation of a sanitary sewer pipeline, together
with appurtenant work and facilities, in areas not presently connected to the sewer
system will facilitate the elimination of potential public health problems due to failing
septic systems; and
WHEREAS it would be convenient and advantageous to establish a boundary around
an area within which the District and property owners may enter into contractual
assessments and make arrangements to finance public improvements to parcels which are
developed and where the costs and time delays involved in creating an assessment district
pursuant to alternative provisions in the law would be prohibitively large relative to the
cost of the improvement.
THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District
resolves:
1 . This Board intends to approve the following improvement under the authority of
the Municipal Improvement Act of 1911, as amended, to wit: Construction and
installation of approximately 1,400 linear feet of sanitary sewer line, together
with appurtenant work and facilities located at Muir Lane in Alamo, California.
2. This Board finds that the parcels within the Contractual Assessment District are
shown within the boundaries of the map entitled, "Proposed Boundary of Muir
Lane Contractual Assessment District No. 99-2."
3. This Board intends to levy a special assessment upon participating parcels within
the described district in accordance with the special benefit to be received by
each parcel of land, respectively, from the improvement. The improvement
proposed will not confer any special benefit upon any publicly owned land.
Hence, there shall be omitted from special 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 Central Contra Costa Sanitary District now in
use in the performance of a public function.
4. This District will provide loan financing for the improvements to be repaid by
assessments on the property of participating parcel owners. Assessments shall
be paid over a maximum period of ten (10) years with interest at a rate to be
fixed by the District.
Page 5 of 9
5. The procedure for the collection of assessments will be the placement of
assessments on participating parcel owner's tax bills. The first assessments will
be placed on owner's tax bills in fiscal year 2000-2001.
6. This Board appoints Curtis Swanson, Acting Environmental Services Division
Manager, to prepare the report required by Section 5898.22 of the Streets and
Highways Code.
7. A public hearing shall be held on this matter at 2 p.m. on or about Thursday,
February 17, 2000, at the District offices, 5019 Imhoff Place, Martinez. This
date is tentative and may be modified in the future.
8. The Board independently finds that this project is exempt from the California
Environmental Ouality Act (CEOA) under CEOA Statute Section 21080.21 since
it will lead to construction of a pipeline less than a mile in length in a public right-
of-way.
PASSED AND ADOPTED this 4th day of November, 1999, by the Board of Directors
of the Central Contra Costa Sanitary District by the following votes:
AVES: 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:
Joyce E. Murphy
Secretary, Central Contra Costa Sanitary District
County of Contra Costa, State of California
LEGAL REVIEW:
Kenton L. Aim
District Counsel
Page 6 of 9
EXHIBIT 2
RESOLUTION NO. 99-
RESOLUTION APPROVING BOUNDARY MAP
MUIR LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 99-2
The Board of Directors of the Central Contra Costa Sanitary District resolves:
A map entitled "Proposed Boundary of Muir Lane Contractual Assessment District
No. 99-2" has been filed with the Secretary of the Central Contra Costa Sanitary District.
This Board approves the 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 Muir Lane Contractual Assessment District No. 99-2, 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.
Resolution No. 99-
Page 2
Page 7 of 9
PASSED AND ADOPTED this 4th day of November, 1999, 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:
Joyce E. Murphy
Secretary, Central Contra Costa Sanitary District
County of Contra Costa, State of California
LEGAL REVIEW:
Kenton L. Aim
District Counsel
Page 8 of 9
EXHIBIT 3
RESOLUTION NO. 99-_
RESOLUTION REQUESTING CONSENT TO
CONDUCT ASSESSMENT PROCEEDINGS
MUIR LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 99-2
The Board of Directors of the Central Contra Costa Sanitary District (CCCSD)
resolves:
On November 4, 1999, the Board adopted a Resolution of Intention, a copy of which
is attached hereto, marked Exhibit A, and by reference incorporated herein as though fully
set forth.
All of the property proposed to be assessed lies within the County of Contra Costa.
All public streets, alleys, places, and all land belonging to the United States, the State of
California, the County of Contra Costa, and CCCSD shall be omitted from assessment
because it has been determined that no special benefit will be conferred on any such land
within the proposed Assessment District.
The County of Contra Costa will, in the opinion of the Board of Directors of CCCSD,
be benefitted by the improvements referred to in the Resolution of Intention, and the
purposes sought to be accomplished by the work can best be accomplished by a single,
comprehensive scheme of work.
The consent of the County of Contra Costa, through its Board of Supervisors, is
hereby requested to the formation of the Assessment District described in said Resolution
of Intention, to the improvement described, and to the assumption of jurisdiction by the
Page 9 of 9
CCCSD Board of Directors for all purposes in connection with the formation of this
Assessment District, the improvements to be made and the assessment of property within
the boundaries of the proposed Assessment District.
The Secretary of CCCSD is hereby directed to transmit a certified copy of this
resolution with the Resolution of Intention attached and a certified copy of the map
showing the boundaries of the Assessment District to the County of Contra Costa.
PASSED AND ADOPTED this 4th day of November, 1999, 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:
Joyce E. Murphy
Secretary, Central Contra Costa Sanitary District
County of Contra Costa, State of California
LEGAL REVIEW:
Kenton L. Aim
District Counsel
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
BOMd Meeting D.te: November 4, 1999
No.:
6.b. ENGINEERING
Date: October 26, 1999
Typs of Action: AUTHORIZE CAD
Subject: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT
(CAD) FOR PROPERTIES ON VINE HILL WAY IN MARTINEZ FOR INSTALLATION OF
SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE VINE HILL
WAY CAD NO. 99-3, FOR APPROVAL OF THE BOUNDARY, AND REQUESTING
CONSENT OF THE CITY OF MARTINEZ FOR CCCSD TO CONDUCT PROCEEDINGS FOR
THE CAD
Submitted By:
Russell B. Leavitt, Management Analyst
Inltillting Dept./Div. :
Engineering/Environmental Services
;;:;:ND RECOMMEN~ BOARD?ils-
R. L..~tt ~sw.n.on A. ,.".,
ISSUE: Owners of properties on Vine Hill Way in Martinez are interested in connecting
their homes to the Central Contra Costa Sanitary District (CCCSD) sewer system and have
requested formation of a Contractual Assessment District to finance an extension of the
public sewer system. Board approval is required for a Contractual Assessment District.
BACKGROUND: Owners of properties located on Vine Hill Way in Martinez have
contacted District staff to obtain information regarding connecting their homes to
CCCSD's public sewer system. Signed forms expressing interest in investigating and
forming a Contractual Assessment District (CAD) are on file from four of the six property
owners on Vine Hill Way whose properties could benefit from the extension of a public
sewer. The area where the CAD would be formed is shown on Attachment 1.
The initial step toward creation of Vine Hill Way CAD No. 99-3 is for the Board of
Directors to adopt a resolution indicating CCCSD's intention to designate an area within
which contractual assessments are appropriate; briefly describing the proposed financing
for the project; establishing the boundaries of the CAD; setting the time, date, and place
for a public hearing at which interested persons may inquire about or object to the
proposed program; and directing staff to prepare an Engineer's Report describing the
project and financing arrangements.
Additional resolutions are required to approve the boundary of the assessment district and
to request the consent of the City of Martinez for CCCSD to conduct proceedings for Vine
Hill Way CAD No. 99-3.
T:\TP Planning\Leavitt\CAD\Vine HiII\Authorize CAD PP.wpd
Page 1 of 9
POSITION PAPER
Date: October 26, 1999
Subject: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT
(CAD) FOR PROPERTIES ON VINE Hill WAY IN MARTINEZ FOR INSTALLATION OF
SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE VINE Hill
WAY CAD NO. 99-3, FOR APPROVAL OF THE BOUNDARY, AND REQUESTING
CONSENT OF THE CITY OF MARTINEZ FOR CCCSD TO CONDUCT PROCEEDINGS FOR
THE CAD
Staff has concluded that this project is exempt from CECA under CECA Statute Section
21080.21 since it will lead to construction of a pipeline less than a mile in length in a
public right-of-way. Approval of this project will establish the Board of Directors'
independent finding that this project is exempt from CEQA.
RECOMMENDATION: Authorize formation of a CAD consisting of six properties on Vine
Hill Way by:
1 . adopting a resolution of intention to create Vine Hill Way Contractual Assessment
District No. 99-3 for the purpose of installing sewer improvements (Exhibit 1);
2. adopting a resolution approving the boundary of the assessment district (Exhibit 2);
and
3. adopting a resolution requesting consent from the City of Martinez for the CCCSD
to conduct proceedings for Vine Hill Way CAD No. 99-3 (Exhibit 3).
T:\TP P1anning\Leavitt\CAD\Vine HiII\Authorize CAD PP.wpd
Page 2 of 9
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EXHIBIT 1
RESOLUTION NO. 99-_
RESOLUTION OF INTENTION TO CREATE
VINE HILL WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 99-3
FOR THE PURPOSE OF INSTALLING SEWER IMPROVEMENTS
WHEREAS the public health and the environment will be best protected by the
expansion of the public sewer system;
WHEREAS the construction and installation of a sanitary sewer pipeline, together
with appurtenant work and facilities, in areas not presently connected to the sewer
system will facilitate the elimination of potential public health problems due to failing
septic systems; and
WHEREAS it would be convenient and advantageous to establish a boundary around
an area within which the District and property owners may enter into contractual
assessments and make arrangements to finance public improvements to parcels which are
developed and where the costs and time delays involved in creating an assessment district
pursuant to alternative provisions in the law would be prohibitively large relative to the
cost of the improvement.
THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District
resolves:
1 . This Board intends to approve the following improvement under the authority of
the Municipal Improvement Act of 1911, as amended, to wit: Construction and
installation of approximately 500 linear feet of sanitary sewer line, together with
appurtenant work and facilities located at Vine Hill Way in Martinez, California.
2. This Board finds that the parcels within the Contractual Assessment District are
shown within the boundaries of the map entitled, "Proposed Boundary of Vine
Hill Way Contractual Assessment District No. 99-3."
3. This Board intends to levy a special assessment upon participating parcels within
the described district in accordance with the special benefit to be received by
each parcel of land, respectively, from the improvement. The improvement
proposed will not confer any special benefit upon any publicly owned land.
Hence, there shall be omitted from special 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 Central Contra Costa Sanitary District now in
use in the performance of a public function.
4. This District will provide loan financing for the improvements to be repaid by
assessments on the property of participating parcel owners. Assessments shall
be paid over a maximum period of ten (10) years with interest at a rate to be
fixed by the District.
Page 5 of 9
5. The procedure for the collection of assessments will be the placement of
assessments on participating parcel owner's tax bills. The first assessments will
be placed on owner's tax bills in fiscal year 2000-2001.
6. This Board appoints Curtis Swanson, Principal Engineer, to prepare the report
required by Section 5898.22 of the Streets and Highways Code.
7. A public hearing shall be held on this matter at 2 p.m. on or about Thursday,
February 17, 2000, at the District offices, 5019 Imhoff Place, Martinez. This
date is tentative and may be modified in the future.
8. The Board independently finds that this project is exempt from the California
Environmental Quality Act (CEQA) under CEOA Statute Section 21080.21 since
it will lead to construction of a pipeline less than a mile in length in a public right-
of-way.
PASSED AND ADOPTED this 4th day of November, 1999, by the Board of Directors
of the Central Contra Costa Sanitary District by the following votes:
AYES: Members:
NOES: Members:
ABSENT: Members:
Gerald R. Lucey
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Joyce E. Murphy
Secretary, Central Contra Costa Sanitary District
County of Contra Costa, State of California
LEGAL REVIEW:
Kenton L. Aim
District Counsel
Page 6 of 9
EXHIBIT 2
RESOLUTION NO. 99-
RESOLUTION APPROVING BOUNDARY MAP
VINE HILL WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 99-3
The Board of Directors of the Central Contra Costa Sanitary District resolves:
A map entitled "Proposed Boundary of Vine Hill Way Contractual Assessment District
No. 99-3" has been filed with the Secretary of the Central Contra Costa Sanitary District.
This Board approves the 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 Vine Hill Way Contractual Assessment District No. 99-3, 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.
Resolution No. 99-
Page 2
Page 7 of 9
PASSED AND ADOPTED this 4th day of November, 1999, 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:
Joyce E. Murphy
Secretary, Central Contra Costa Sanitary District
County of Contra Costa, State of California
LEGAL REVIEW:
Kenton L. Aim
District Counsel
Page 8 of 9
EXHIBIT 3
RESOLUTION NO. 99-_
RESOLUTION REQUESTING CONSENT TO
CONDUCT ASSESSMENT PROCEEDINGS
VINE HILL WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 99-3
The Board of Directors of the Central Contra Costa Sanitary District (CCCSD)
resolves:
On November 4, 1999, the Board adopted a Resolution of Intention, a copy of which
is attached hereto, marked Exhibit A, and by reference incorporated herein as though fully
set forth.
All of the property proposed to be assessed lies within the City of Martinez. All
public streets, alleys, places, and all land belonging to the United States, the State of
California, the City of Martinez, and CCCSD shall be omitted from assessment because
it has been determined that no special benefit will be conferred on any such land within
the proposed Assessment District.
The City of Martinez will, in the opinion of the Board of Directors of CCCSD, be
benefitted by the improvements referred to in the Resolution of Intention, and the
purposes sought to be accomplished by the work can best be accomplished by a single,
comprehensive scheme of work.
The consent of the City of Martinez, through its City Council, is hereby requested
to the formation of the Assessment District described in said Resolution of Intention, to
the improvement described, and to the assumption of jurisdiction by the CCCSD Board of
Page 9 of 9
Directors for all purposes in connection with the formation of this Assessment District, the
improvements to be made and the assessment of property within the boundaries of the
proposed Assessment District.
The Secretary of CCCSD is hereby directed to transmit a certified copy of this
resolution with the Resolution of Intention attached and a certified copy of the map
showing the boundaries of the Assessment District to the City of Martinez.
PASSED AND ADOPTED this 4th day of November, 1999, 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:
Joyce E. Murphy
Secretary, Central Contra Costa Sanitary District
County of Contra Costa, State of California
LEGAL REVIEW:
Kenton L. Aim
District Counsel
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 4, 1999
No.: 9. b. BUDGET AND F I NANCE
Type of Action: RECEIVE AUDITED FINANCIAL STATEMENTS
Subject: RECEIVE THE AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR
ENDED JUNE 30, 1999, AND APPROVE EXTENDING HOOD & STRONG FOR A SIXTH
YEAR
Submitted By:
Debbie Ratcliff, Controller
Initiating Dept./Div. :
Ad m inistrative/Financing
REVIEWED AND RECDTDR BOARD ACTlDN,
~
D. Ratcliff P. Morsen
ISSUE: The audited financial statements of the Central Contra Costa Sanitary District for the
fiscal year ended June 30, 1999 are being submitted to the Board of Directors.
BACKGROUND: The firm of Hood and Strong, Certified Public Accountants, has completed
its examination of the District's financial statements for the fiscal year ended June 30, 1999,
and has submitted the audited financial statements and auditor's opinion thereon.
In the routine performance of their examination of the financial statements, the auditors
evaluate the District's internal accounting controls to determine the nature and extent of the
auditing procedures required. Based on their observations during the course of the
examination, the auditors routinely advise District management of any recommendations to
improve the system of internal accounting controls. There were no recommendations for
improvements this year. It was noted by the auditors that the informal recommendation made
last year involving the capitalization of projects was implemented by District Staff.
The audited financial statements were reviewed in detail at a Budget and Finance Committee
meeting on October 19, 1999. During the meeting the Board Finance Committee
recommended extending the audit term of Hood & Strong from five years to six due to their
good performance and reasonable rates. The Controller concurs with this recommendation.
In accordance with Government Code Section 53891, information from the audit was used
to prepare a report to the State Controller's office by the annual deadline of October 30,
1999.
A copy of the audited financial statements has been received by the Board under separate
cover.
11/1/99
S :\ADMIN\POSP APER\AUDFIN99 .PP. wpd
Page 1 of 2
POSITION PAPER
Board Meeting Date: November 4, 1999
Subject: RECEIVE THE AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR
ENDED JUNE 30, 1999, AND APPROVE EXTENDING HOOD & STRONG FOR A SIXTH
YEAR
RECOMMENDATION: Receive the audited financial statements for the fiscal year ended June
30, 1999, and approve extending the audit term of Hood & Strong from five years to six.
11/1/99
S :\ADMIN\POSP APER\AUDFIN99. PP. wpd
Page 2 of 2
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 4, 1999
No.:
9.c. BUDGET AND FINANCE
Type of Action: AUTHORIZE ASSIGNMENT
Subject: AUTHORIZE ASSIGNMENT OF DEFERRED COMPENSATION PLAN
ADMINISTRATION AGREEMENT
Submitted By:
Debbie Ratcliff, Controller
Initiating Dept./Div. :
Administrative/Finance and Accounting
MW1~D MCD@~~:R BOARD AcnDN,
ISSUE: Board authorization is needed to assign the District's Deferred Compensation Plan
Administration Agreement from Washington Mutual Bank, FA to National Deferred
Compensation, Inc.
BACKGROUND: The District established a Deferred Compensation Plan (Plan) covering all full-
time employees in January 1976. This plan is administered by the District's Deferred
Compensation Plan Advisory Committee. Monthly contributions to Plan accounts are made
into designated investment options maintained by Hartford Life Insurance Company, ICMA
Retirement Corporation and Washington Mutual Bank, FA.
Several years ago, Washington Mutual Bank sub-contracted with National Deferred
Compensation, Inc. to provide administrative and participant communication and education
services. Since that time, National Deferred Compensation, Inc. has also provided investment
options and mutual fund review activities. National Deferred provides services for 1,200
employers and 200,000 plan participants with plan assets totaling $3.5 billion. Washington
Mutual Bank, FA will no longer provide deferred compensation plan management, however it
will continue to provide FDIC insured investment products (i.e. fixed account, 3 & 5 yr. CDs)
for the plans.
The District's Deferred Compensation Plan Advisory Committee, as well as the District's
Benefit Counsel, Lee Trucker, reviewed the assignment in detail.
RECOMMENDATION: The Deferred Compensation Plan Advisory Committee recommends
that the Board authorize the assignment of the District's Deferred Compensation Plan
Administration Agreement from Washington Mutual Bank, FA to National Deferred
Compensation, Inc.
10/27/99
S:\ADMIN\POSPAPER\DefComp Plan Admin Agreement.wpd
Page 1 of 1
ASSIGNMENT OF DEFERRED COMPENSATION
PLAN ADMINISTRATION AGREEMENT
This Assignment of the Deferred Compensation Plan Administration Agreement (the "Assignment
Agreement") is entered into this day of , 1999 by and among
Washington Mutual Bank, FA (the "Assignor") successor by merger to Great Western Bank ("Great
Western"), National Deferred Compensation, Inc. (the "Assignee") and the
("Agency") .
BACKGROUND
A. The Assignor is the successor party to Great Western to a certain Deferred Compensation
Plan Administration Agreement dated , 199 _, by and between the
Agency and Assignor
B. The Assignor was contracted to provide certain administrative, recordkeeping, reporting,
enrollment, sales and brokerage functions for the Agency's Section 457 Deferred
Compensation Plan pursuant to the terms of the Deferred Compensation Plan Administration
Agreement. The administrative, reporting, and recordkeeping functions were sub-contracted
by Assignor to Assignee pursuant to the Administrative Service Contract dated July 1, 1993
while the enrollment, sales, and brokerage functions were sub-contracted to Assignee per the
First Amendment to Administrative Service Contract dated February 24, 1997 (collectively
the "Joint Sub-Servicing Agreement"). It is understood that Assignor will continue to act as a
depository in regard to deferred compensation funds invested in its federally insured deposit
products established prior to the date of this Assignment in accordance with the terms and
conditions applicable to such deposit products.
C. The Assignor now desires to assign and transfer to Assignee all of Assignor's right, title and
interest in and to the Deferred Compensation Plan Administration Agreement, other than
Assignor's depository functions, and Assignee desires to accept such assignment.
STATEMENT OF AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the terms and conditions
hereinafter set forth and for other good and valuable consideration, the sufficiency and receipt of which
are hereby acknowledged, the parties, intending to be legally bound, do hereby agree as follows:
1. Assignment
Assignor does hereby grant, assign, transfer, convey and deliver to Assignee, all of Assignor's right,
title and interest in and to the Deferred Compensation Plan Administration Agreement accruing on or
after the date of this Assignment Agreement, other than those depository functions described in
Section 4.A. and 4.B. of such Agreement entitled "Investment Options", which will continue to be
performed by Assignor on or after the date of this Assignment.
,
2. Accept-ance of Assignment
Assignee does hereby accept the assignment set forth in Section 1. herein and expressly assumes and
agrees to keep, perform and fulfill the terms, covenants, conditions and obligations required to be
kept by Assignor under the Deferred Compensation Plan Administration Agreement.
M:\Corp\ 1001 \assignment DRAFT.doc
__,_".____.__.__.__.,__,~_'",..______.'.H~___..__~______~.____~__,_._"_..__.,.~~___.___'"_____._
3. Indemnification
Assignee, its successor and assigns, hereby covenant and agree that they shall defend, indemnify and
hold harmless Assignor from and against any and all claims, liabilities, damages, losses, suits, costs,
and expenses of every kind, nature and type asserted by any person, entity or party attributable to
events arising out of or under the Deferred Compensation Plan Administration Agreement on or after
the date of this Assignment. All indemnity rights existing under the Joint Sub-Servicing Agreement
are not superseded by this Assignment Agreement and shall remain in full force and effect.
4. Consent to Assignment
The Agency hereby consents to the assignment set forth in this Assignment Agreement and hereby
acknowledges that all rights, obligations or liabilities under the Deferred Compensation Plan
Administration Agreement accruing on or after the effective date of this assignment will be the
responsibility of Assignee and Assignor is expressly released from such obligations and liabilities
assigned hereunder.
5. Miscellaneous
This Assignment Agreement sets forth the entire understanding of the parties hereto with respect to
the assignment of the Deferred Compensation Plan Administration Agreement and shall supersede all
prior contracts, agreements, arrangements, communications, discussions, representations and
warranties, whether oral or written, among the parties related to said assignment. The parties hereto
expressly agree that the Joint Sub-Servicing Agreement is in full force and effect, provided, however,
any rights, liabilities and obligations thereunder relating to Agency which accrue on or after the date
hereof are terminated. This Assignment Agreement shall be binding upon and inure to the benefit of
the successors and assigns of each of the parties hereto. The rights, obligations or liabilities under
this Assignment Agreement shall not be assignable by any party without the prior written consent of
each of the other parties. This Assignment Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original, and all of which when taken together
shall constitute one and the same instrument. The parties agree that a facsimile signature on this
Assignment Agreement shall be deemed to be an original and legally binding for contractual
purposes. The failure on the part of the parties hereto to enforce any provision ofthis Assignment
Agreement shall not be construed to be a waiver of such provision or of the right thereafter to enforce
same, and no waiver of any breach shall be construed as an agreement to waive any subsequent
breach of the same or any other provision.
In all other respects, the Deferred Compensation Plan Administration Agreement shall remain the
same.
IN WITNESS WHEREOF, the parties to the Assignment Agreement have executed this
instrument to be effective on the date set forth above.
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M:\Corp\ I 00 I \assignment DRAFT.doc