The URL can be used to link to this page

Home My WebLink AboutAGENDA BACKUP 09-04-97 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS '1:':III.III:!111.11:111IIIIIIIII BOARD MEETIS~~tember 4, 1997 Page 1 of 2 NO. 5. CONSENT CALENDAR f. August 20, 1997 TYPE OF ACTION ACCEPT ANNEXATION FOR PROCESSING DATE SUBJECT AUTHORIZATION FOR P.A. 97-7 (DANVIUE) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPTIDIV Engineering Departmentllnfrastructure Division Parcel No. 97-7 Area Owner/Address Parcel No. & Acreage Udaya Shankar, et ux 799 EI Pintado Danville, CA 94526 197-150-005 (5.25 Ac.) Remarks Lead Agency Danville (78B5) Property to be split into three lots. One existing home with a failing septic system; must extend and connect to public sewer. Mitigated Negative Declaration by the Town of Danville. Town of Danville RECOMMENDATION: Authorize P.A. 97-7 to be included in a future formal annexation. ~ AM) RECOMMENDED RJR BOARD ACTION )11 111 ff() IEF ENGINEER INITIATING DEPARTMENTIDIVlSlON H H:\PP\ANNX97-7.DH 8/6/96 PROPOSED ANNEXAT.ION P.A. 97-7 ~ ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS iiilillllllllllliliilllllllilililililil BOARD MEE11S~ OpFtember 4, 1997 :;:::;:;:::;:::::;:;:::;:;:;:;:;:;:;:::::::::::::::;:::::::::::::::::::::::::::::::::::::::::::::::::~::::::r;:::;:::;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;:::::;:::;:;=;=~:::::::::::::::::::: Page 1 of 1 NO. 5. CONSENT CALENDAR g. August 20, 1997 TYPE OF ACTION SET PUBUC HEARING DATE SUBJECT ESTABUSH OCTOBER 2, 1997, AT 2 P.M. AS THE DATE AND TIME FOR A PUBUC HEARING ON DISTRICT ANNEXATION 136, AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPTIDIV Engineering Department/Infrastructure Division ~: The Local Agency Formation Commission (LAFCO) has added nine properties to four of the original ten parcels that comprise District Annexation 136. A public hearing must be held before the District can order the annexation of these amended parcels. BACKGROUND: The above-referenced annexation was sent to LAFCO as required for the formal annexation process. LAFCO has amended the boundaries of four of the parcels as submitted by the District. The amended parcels are designated as D.A. 136, Parcels 5, 7, 8, and 9. As required by law, staff will notify all affected property owners 15 days prior to the public hearing. RECOMMENDATION: Establish a public hearing date on October 2, 1997, at 2 p.m. for the annexation of the above-referenced D.A. 136, Parcels 5, 7, 8, and 9, as amended by LAFCO. JSM RAB 9/16/96 ~ AM) RECOMMENJED FOR BOAR/) ACTION INITIATING DEPA1frM~/DI? DH %1 f/fJs> H:\PP\STHRG 136.DH ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS ::::::i5i5CSiiM:I.:.:i5tJ'I::::::i5:'A:iSc:iS::::::::::::': BOARD MEETING OF ::::::n::.:B,!:::,~::::,:,::.:':I::::::II.!W::BII:::::::::::::, September 4, 1997 Page 1 of 3 NO. 5. CONSENT CALENDAR h. DATE TYPE OF ACTION August 11, 1997 ADOPT APPROPRIATIONS LIMITS SUBJECT ADOPT A RESOLUTION ESTABLISHING THE 1997-1998 APPROPRIATIONS LIMIT IN ACCORDANCE WITH ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION SUBMITTED BY Debbie Ratcliff, Controller INITIATING DEPTIDIV Administrative/Finance & Accounting ISSUE: The Central Contra Costa Sanitary District is required to establish its appropriations limit in accordance with Article XIII B of the California Constitution. BACKGROUND: On August 7, 1997, the Board of Directors authorized posting a public notice of the availability of documentation in support of the District's appropriations limit. As statutorily required, the public notice was made at least 15 days prior to the September 4, 1997 Board Meeting at which the adoption of the appropriations limit is recommended. Formerly, the appropriations limit was increased annually by a factor comprised of the change in population combined with either the change in California per capita personal income or the Consumer Price Index, whichever was lower. As amended by Proposition 111 in 1990, the Consumer Price Index was replaced by the percentage change in the local assessment roll from the preceding year due to local nonresidential construction. The Board is to select between the per capita personal income, or the change in the local assessment roll due to local nonresidential construction, by a recorded vote. Last year the Board selected the change in the local assessment roll, which was the larger of the two percentages, for the calculation of the 1996-1997 appropriations limit. This approach allowed for a larger limit on the District's proceeds of taxes. The County Assessor has determined the nonresidential construction index for 1997-1998 to be 11.3 percent. The California per capita personal income percentage change is 4.67. The change in the local assessment roll of 11.3 percent is being used in the calculation of the 1997-1998 appropriations limit, to allow for a larger limit on the District's proceeds of taxes. The computation of the 1997-1998 appropriations limit by application of the California per capita personal income and population percentage change factors to the 1986-1987 appropriations limit adjusted from that year forward to 1990-1991, and the nonresidential construction index for 1991-1992 through 1997-1998, INITIATING DEPARTMENTIDIVlSION d DR S :\ADMIN\POSP APER\APPR OP. PP 8/6/96 .....................................1 :!i!ii!!!!!'ii!""!'!llllilllliiiiiili!IIIIJli!ilii:iiiiii!ii:!i! DATE August 11, 1 997 I Page 2 of 3 SUBJECT ADOPT A RESOLUTION ESTABLISHING THE 1996-1997 APPROPRIATIONS LIMIT IN ACCORDANCE WITH ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION was provided at the August 7, 1997 Board Meeting. The Sewer Construction Fund (Capital Fund) appropriations limit so computed is $31,724,762 for the 1997-1998 fiscal year. The District's proceeds of taxes are budgeted to be $5,438,000 for the 1997-1998 fiscal year. Interest on these tax proceeds are estimated to be $314,000. Therefore, total tax proceeds plus interest IS $5,752,000 which is well within the appropriations limit set for the 1997-1998 fiscal year. RECOMMENDATION: Adopt a resolution establishing the Sewer Construction Fund appropriations limit in the amount of $31,724,762 for the 1997-1998 fiscal year, in accordance with Article XIII B of the California Constitution; select the change in the local assessment roll due to local nonresidential construction, for use in computing the appropriations limit. RESOLUTION NO. 97- A RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1997-1998 WHEREAS, the Central Contra Costa Sanitary District is required under Article XIII B of the State of California Constitution to establish and adopt an Appropriations Limit for each fiscal year; and WHEREAS, the District has determined the Appropriations Limit of its Sewer Construction Fund (Capital Fund) for fiscal year 1997-1998 to be $31,724,762; and WHEREAS, the selection of the alternative growth factor between the per capita personal income or the change in the local assessment roll due to local nonresidential construction must be made by recorded vote; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Central Contra Costa Sanitary District does hereby adopt the Appropriations Limit for said Fund in the amount of $31,724,762 for the fiscal year ending June 30, 1998, based upon the selection of the change in the local assessment roll due to local nonresidential construction. PASSED AND ADOPTED this 4th day of September 1997, by the District Board of the Central Contra Costa Sanitary District by the following vote: AYES: NOES: ABSENT: Members: Members: Members: COUNTERSIGNED: President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Secretary of Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Aim District Counsel ADSlS/Admin/PosPaper/Approp .pp ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS ... ........... ~/'::::~':III1IIIIIJI:':'::IIIIIIJ::::~:::~::::::::~I:II~ BOARD MEETING OF ::::::'::::::,::,:::::::\";;:;:;"j,,,;:;;,,:\:::::::::,::::::::f:,:':)::' ,:':'\:;(:::}{.:;;:;L}:."\\/~~'//: September 4, 1 997 Page 1 of 1 NO. 5. CONSENT CALENDAR i. DATE August 15, 1997 TYPE OF ACTION AUTHORIZE ATTENDANCE OUT OF STATE SUBJ ECT AUTHORIZE THE ATTENDANCE OF RANDY SCHMIDT, ASSOCIATE ENGINEER, AT FOUR USEPA SEWAGE SLUDGE INCINERATOR (SSI) STAKEHOLDER MEETINGS IN DURHAM, NORTH CAROLINA. SUBMITTED BY Randy Schmidt, Associate Engineer INITIATING DEPTf1)IV Engineering/Planning ISSUE: Approval by the Board of Directors is required for travel outside of California or if the expense will exceed $500. BACKGROUND: The current Sewage Sludge Incinerator (551) regulations were developed under the Clean Water Act and are implemented by EPA Office of Water. The District meets these existing SSI regulations. EPA Office of Air is proposing to develop new 551 regulations under the Clean Air Act. These new SSI regulations could be significantly more stringent and result in substantial costs to CCCSD and other sewage sludge incinerators due to additional pollution control equipment and monitoring which may be required. EPA plans to have quarterly stakeholder meetings in North Carolina until the sewage sludge incinerators rules become final in the year 2000. EPA has requested representatives from the Association of Metropolitan Sewerage Agencies' (AM SA) incinerator workgroup to participate in these stakeholder meetings. The workgroup has asked Randy Schmidt, Associate Engineer, to participate in these stakeholder meetings due to Randy's experience in air regulations and as a representative from a California wastewater treatment facility which utilizes incineration. The first stakeholder meeting is scheduled for September 16, 1997, and there will be three additional meetings in FY 1997-98. The anticipated cost for attendance at each meeting is approximately $1,000. Since participation in these stakeholder meetings was not anticipated at the time the O&M budget was completed, staff requests permission to over-expend the Planning Division's account by the amount of this authorization. RECOMMENDATIONS: Authorize the attendance of Randy Schmidt, Associate Engineer, at the EPA Stakeholder meetings in Durham, North Carolina on September 16, 1997, and Quarterly through June 30, 1998, at approximately $1000 per meeting. RflIE1I\IED AND RECOMMENDED FOR BOARD AC770N RS /}J ~ INITIATING DEPARTMENTf1)IVlSlON /.1 Ii DJC RAB H:\DA T A \POSPAPER\0904CNF .RS 9/16/96 ~.. Central Contra Cost! Sanitary District BOARD OF DIRECTORS :i:ii~.~:II.:.:;:t:':::;:'I":.c.:i::1:::i!!::ii:::i!i!:I!J,::::1i!:::1::: BOARD MEETING OF ):I0:.tI:::::}::lt::.~:!l:t!IIIW:lmg\:t::/ September 4, 1997 Page 1 of 1 NO. 5. CONSENT CALENDAR j. August 27, 1997 1YPE OF ACTION AUTHORIZE ATTENDANCE OUT OF STATE DATE SUBJECT AUTHORIZE ATTENDANCE OF HUMAN RESOURCES MANAGER CATHRYN FREITAS AT "TEAM-BASED COMPENSATION: MEASUREMENTS, REWARDS AND INCENTIVES" CONFERENCE IN CHICAGO, IL FROM SEPTEMBER 22-24, 1997 SUBMrrrED BY Cathryn R. Freitas INl11A T1NG OEPTIOIV AdministrativeJl-luman Resources ISSUE: Approval by the Board of Directors is required for travel outside of California or if the expense will exceed $500. BACKGROUND: As part of the recent negotiations with the Employees' Association, Public Employees' Union, Local One and the Management SupporV Confidential Group, side letters to the Memoranda of Understanding were signed regarding the formation of a labor-management committee to develop an Employees' Reward Program. The purpose of the program will be designed to recognize employees' contributions to continuous improvement and aeate a means for furthering cost savings, customer satisfaction, operational efficiencies and an enhanced worKing environment. The committee is scheduled to be formed and hold its initial meeting in November 1997. It will be chaired by Human Resources Manager Cathryn Freitas. The International Quality and Productivity Center is holding a two and one-half day conference on gainsharing and other incentives for teanH>ased oompensation. The purpose of the conference is to provide benchmar1<s from private industry on successful methods to support process improvement by gainsharing. While employees realize the necessity of becoming more customer focused, process centered and adaptive to change, the private sector has found that the key to connecting organizational objectives, team goals and individual development for employees is through teanH>ased oompensation. Attendance at this conference would provide technical knowledge for Ms. Freitas to share with the labor-management committee on structuring a team-based program of monetary incentives for employees. The registration for the conference is $1795. Airfare, transportation, meals and lodging will be approximately $1200. The formation of the committee was not anticipated at the time of the department O&M budget; however, sufficient funds are available in the department budget to cover the expense. RECOMMENDATIONS: Authorize the attendance of Cathryn Freitas at the International Quality and Productivity Center conference in Chicago, IL from September 22-24, 1997. RE\IIEWED AND RECOMMENDED FOR BOARD ACTION ((.1 'J (:J- '---' '......-' "'1\ CH= ENGNEER INmAllNG DEPARTMENTIOMSION C:\WP51 \DOCS\CHICAGO.PPR 9/16/96 ~ (;entral Contra Costa Sanitary District BOARD OF DIRECTORS .::::::I:.:::::::::.:I::.:::::.:::"':I.:..iii::::::.:~iJI::;:::.::::.:~:::::::::::::: BOARD MEETlSNG OF b 4 1997 }:~:::rm:~:e::::;;;;;::::I:::I:::L:.!I::::::m.:)m:m:em::::t:::::: eptem er , Page 1 of 11 NO. 6. HEARINGS a. DATE TYPE OF ACTION August 28, 1997 CONDUCT HEARING; AUTHORIZE RESOLUTION SUBJECT HOLD A HEARING AND ADOPT A RESOLUTION OF NECESSITY FOR THE PURPOSE OF INITIATING EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION OF PUBLIC SEWER AND RECYCLED WATER LINE EASEMENTS FOR THE PLEASANT HILL RELIEF INTERCEPTOR, PHASE 4, DISTRICT PROJECT NO. 4985 SUBMITTED BY Tad J. Pilecki, Senior Engineer INITIATING DEPTIDIV Engineering Dept./lnfrastructure Div. ISSUE: The District may exercise the power of eminent domain to acquire public easements only if the District Board of Directors adopts a Resolution of Necessity that meets the requirements of the California Eminent Domain Law. In deciding whether or not to adopt such a Resolution, the District must first hold a hearing to allow affected owners to appear and be heard. BACKGROUND: The next portion of the Pleasant Hill Relief Interceptor Sewer (PHRI Phase 4) to be installed in 1998 is located between Taylor Boulevard and Gregory Lane predominately in Ardith Drive. In February of 1982 and 1986 and January 1997, the collection system serving the Pleasant Hill community experienced significant wet weather related sewer overflows. The PHRI purpose is to reduce the potential for these overflows. The completion of PHRI Phase 4 will correct the overflows experienced this past January in the vicinity of Price Lane and Gregory Lane. The selection of the Ardith Drive route for the PHRI was part of the detailed alignment evaluation that occurred in conjunction with the preparation of the Environmental Impact Report for the Pleasant Hill/A-Line Sewer Overflow Protection Project (EIR). During the preparation of the EIR, staff evaluated various routes for the PHRI in the Gregory Lane area. These included the proposed Ardith Drive route, the Contra Costa Boulevard route and several modifications of both of these routes. The Ardith Drive and Contra Costa Boulevard routes were determined by staff to be the most viable alignments, and the Board at its September 4, 1991, meeting certified the Final Program EIR and approved the Ardith Drive route. The Ardith Drive route was selected over Contra Costa Boulevard because the Ardith Drive route eliminated the need for trunk sewers downstream of this route and it avoided traffic and utility disruptions along Contra Costa Boulevard. In February 1993, staff revisited the Ardith Drive route and evaluated four alignments that avoided the private property that is the subject of today's hearing. After this additional evaluation, staff concluded that the original Ardith Drive route is still the preferred route for the following reasons: · It has the lowest construction cost · It has the best hydraulics · The fewest number of residents would be impacted · Traffic impacts would be less ~ AItD REcot.tNEItDED FOR BOARD ACTION ~ H:\INFRA\PP\PHRI-PH4.T JP 9/16/96 "111111111111111111111.1.1111111111111.111111111111111III1I1II DATE August 28, 1997 I Page 2 of 11 HOLD A HEARING AND ADOPT A RESOLUTION OF NECESSITY FOR THE PURPOSE OF INITIATING EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION OF PUBLIC SEWER AND RECYCLED WATER LINE EASEMENTS FOR THE PLEASANT HILL RELIEF INTERCEPTOR, PHASE 4, DISTRICT PROJECT NO. 4985 The same evaluation looked at the routing of the recycled water line and reached the same conclusion that the original Ardith Drive route was the best. District staff is presently completing the design of PHRI Phase 4. Construction is currently scheduled to start in April of 1998. District has been negotiating with owners of nine properties along the proposed alignment and has reached or believes it can reach settlement with eight of the property owners. Little progress has been made over the past year with the remaining property owner (Mrs. Maryellen Smith) who owns five parcels located immediately north of Gregory Lane. Based on the difference in positions between the District and this owner and the lack of progress on negotiations, staff considers it appropriate to proceed with the commencement of eminent domain action at this time. A subsequent eminent domain action may be necessary if negotiations to obtain easements across any of the other remaining properties are unsuccessful. Mrs. Smith has received an offer of just compensation based on an appraisal prepared by a licensed real estate appraiser. District staff has continued negotiating and will continue to negotiate with Mrs. Smith in the hope of reaching an agreement. It is now appropriate to proceed with the adoption of a Resolution of Necessity to obtain needed property rights to provide for a timely start of construction of the project. In making its decision whether or not to adopt a Resolution of Necessity, the District Board is required to first conduct a hearing giving the property owner, whose property the District proposes to acquire by eminent domain, reasonable opportunity to appear and be heard. On August 15, 1997, there was mailed to the address appearing on the last equalized County Assessment Roll a Notice of Public Hearing notifying all persons (Mrs. Smith) whose names appear on said County Assessment Roll as having an interest in the property described in Attachment "A" of the proposed Resolution of Necessity of said hearing. Said Notice of Hearing advised Mrs. Smith of her right to be heard on the matters referred to in said Notice on the date and at the time and place stated therein. Bids for the construction of the project are scheduled to be received in March of 1998 with work beginning in April of 1998. The goal is to have property rights secured through the eminent domain process by December 31, 1997. If the Board adopts a Resolution of Necessity and authorizes the filing of a condemnation complaint and the deposit of the probable amount of compensation, the District may apply to the Court for an Order For Immediate Possession. Even if the court were to grant such an order, it is possible, depending upon Court rulings, that it might take ninety days or more after the issuance of the order for the District to obtain possession. Given these time restrictions it is advisable that the Board take action regarding the Resolution of Necessity at this time. Specific details of the eminent domain issues will be provided to the Board in closed session. Staff will provide a brief presentation to the Board on the route selection and eminent domain issues in open session. On September 4, 1991, the Board certified the Final Program EIR for the Pleasant Hill/A-Line Sewer Overflow Protection Project and approved the Ardith Drive route segment. On September 16, 1993, the Board approved the Negative Declaration for the Recycled Water Pipeline Project. 1111:1111111:11111111.1.1111111111111.11111111111111111111111 DATE August 28, 1997 I Page 3 of 11 HOLD A HEARING AND ADOPT A RESOLUTION OF NECESSITY FOR THE PURPOSE OF INITIATING EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION OF PUBLIC SEWER AND RECYCLED WATER LINE EASEMENTS FOR THE PLEASANT HILL RELIEF INTERCEPTOR, PHASE 4, DISTRICT PROJECT NO. 4985 RECOMMENDATION: Conduct a hearing to receive input from the property owner on the following issues: 1 . Whether the public interest and necessity require the project; 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the lease private injury; 3. Whether the property rights sought to be acquired are necessary for the project; and 4. Whether the offer pursuant to Government Code Section 7267.2 has been made to owners of record of the subject property. After the conclusion of the hearing, adopt the attached Resolution of Necessity to acquire permanent and temporary easements by eminent domain for the Pleasant Hill Relief Interceptor, Phase 4, District Project No. 4985. The resolution will also authorize the filing of the eminent domain action, the deposit of the amount of probable compensation, and the application for Order For Immediate Possession. RESOLUTION NO. A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PUBLIC EASEMENTS FOR SEWER PURPOSES AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS WHEREAS, Pursuant to the State of California Health and Safety Code Sections 6514 and 6512, the Central Contra Costa Sanitary District is empowered to acquire by condemnation proceedings sewer/recycled water line easements for public use, to wit, for purposes related to wastewater collection and transport, and the District intends to construct, own, and operate sewers as part of its Pleasant Hill Relief Interceptor, D.P. 4985; and WHEREAS, the Central Contra Costa Sanitary District has identified the need to acquire permanent and temporary public sewer/recycled water line easements more particularly described in Attachment "A," attached hereto for said purposes, and said easements are located within an incorporated area of Pleasant Hill, Contra Costa County, State of California; and WHEREAS, on August 15, 1997, the District gave mailed notice as required by law of the hearing on this Resolution to the affected property owner, Mrs. Maryellen Smith; and WHEREAS, said Notice of Hearing indicated that Mrs. Maryellen Smith has the oportunity to appear and be heard; WHEREAS, the hearing set out in said Notice of Hearing was held on September 4, 1997, at the time and place stated therein; and all interested parties were given an opportunity to be heard; and, thereupon, the hearing was closed. WHEREAS, all oral and documentary evidence has been duly considered. NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District, does FIND. DETERMINE, AND RESOLVE as follows: 1. The public interest and necessity require the proposed project for which said public sewer/recycled water line easements are to be acquired. 2. The subject project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; 3. Said public sewer/recycled water line easements are necessary for the proposed project; and 4. The offer pursuant to Government Code Section 7267.2 has been made to the owners of record of the subject property. BE IT FURTHER RESOLVED THAT: The Counsel for Central Contra Costa Sanitary District, Kenton L. Aim, is hereby authorized and empowered: To acquire in the District's name, the above referenced public sewer/recycled water line easements by condemnation; ID-GL\H:\INFRA\PP\4985HEAR. T JP To prepare and prosecute in the District's name, such proceedings in the proper court as are necessary or appropriate for such acquisition; and To deposit the probable amount of compensation, based on an appraisal, and to apply to the appropriate court for orders permitting the District to take immediate possession of and use said sewer/recycled water line easements for said public uses and purposes. PASSED AND ADOPTED this 4th day of September, 1997, by the District Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members NOES: Members ABSENT: Members Mario M. Menesini President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Joyce E. Murphy Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to form: Kenton L. Aim District Counsel IO-Gl\H:\INFRA \PP\4985HEAR. T JP ATTACHMENT IIA" LEGAL DESCRIPTIONS FOR PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS Maryellen Smith ID-GL \H :\INFRA \PP\4965HEAR. T JP EXHIBIT A PERMANENT EASEMENT REAL PROPERTY in the city of Pleasant Hill, county of Contra Costa, state of California described as follows: PARCELS 38 - 42 . All those portions of the parcels of land described in the-deeds referenced in the Declaration of Death of Joint Tenant recorded on September 16, 1982 in Book 10928 of Official Records of said county at page 744 (10928 O.R. 744) lying within a 20 foot wide strip of land the centerline of which is described as follows: Commencing at a 1 Y2 inch iron pipe monument at the intersection of Jeanette Drive (Joan Drive) and Gladys Drive (Ardith Drive) as shown upon the map of Gregory Gardens, Unit No. 1 filed on June 21, 1949 in Book 37 of Maps at page 46, said county records (37 Maps 46); thence along the centerline of Gladys Drive (Ardith Drive) south 860 32' 33" east 124.99 feet (south 870 53' 05" east 125 feet - record) to a similar iron pipe monument as shown upon said map (37 Maps 46); thence leaving said centerline north 650 03' 22" 125.96 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING south 580 03' 10" east 256.14 feet; thence south 20 10' 25" west 390.28 feet; thence south 30 29' 25" west 305.26 feet to a point which bears north 880 39' 29" west 567.14 feet from a standard monument on the centerline of Gregory Lane lying 7.54 feet westerly of the centerline of South Cody lane as shown upon the Parcel Map filed on August 8, 1988 in Book 135 of Parcel Maps at page 7 (135 PM 7), last said monument bears north 890 28' 02" west 449.68 feet (north 890 27' 52" west 449.64 feet - record) from a similar monument at the intersection of the centerlines of Gregory Lane and Cleaveland Road as shown upon said Parcel Map (135 PM 7). Lengthening or shortening the sidelines of said 20 foot wide strip of land to meet at angle points. Containing an area of 12,586 square feet, more or less. z.t~~ CJi) ~- A.P.N. 150 -141 - 038 through 042 OP 4985 - peLS 38 - 42 Smith A:\PED\503smth.038 Exhibit A Page 1 of 1 June 19. 1997 h <...l ~ V) Ci ~ o f::: '<( ; Cl ~ '<( ~ ~ -.J -.J :i: h ~ t; '<( It.J ct ~a: a~ti U~~ <"'c!z ~i;;;w 8 ",,::l: !o;~ ill~8 L I I I I I \ I I I I I I I I I I r I I I I r I I J I I I J I I J , , I I , , I , I I J J , , , I J J , I I J , I I J , -, , I I I , I I I I I J , I I I I J I I J I , , , , I I I J I I I I I I I I I I I J I I I I I I I I I I I I I I r I I \ I \ \ \ \ \ \ \ \ \ , M"SZ,6r .SSN i \ \ i i i i i i i i i i i i i i i i i i i i i i i i i i i ; i i i '" o 'TCl @-a:: ~ ~Q': :!!J:: ":0.. .( \ \ " \ \ \ \ \ \, , , , , , , , , \ \ \. " \ , , \ , \, -'" Nl A808388 Nl A.U38 Nl A8N\fN @ ~6: d~ :!! 0 ~ -.J C!)- t\]~.Q:~z~~~_ 1\..._-30~~~~~ \i <3lll ,fl9'6vv \i <:311) \Vl'L9C; !\ \ i I , I \ ' I i , I , , , ! , ! , I , , , !, f} ~ '0 j u... lJ.J '" iIla:~ . a:O~ ;", ::lli:~ ti~ s:~S' i"'Ia:5:: ~S2 -a: g a... i:ti . u~ :i ,g...J. Ii!! u'!: . ]:cX ,j ~ I I e ~ 1 1 S ! 1 ! I 1 ~ R~ !Ii l~ j: ! ;3 j GlADyS j ...... /,{!P~f-@ ~\~~.../ o'~/,,~ \7-">.3-0:;:7-7- S It.J ~ gs0<5~ ~ V) ~W E~ .n ~N ..tW ~~ j aa~'i u6sqIO"~G6"\C;J:l6t\S,(S/O:l\:. lO:ll l66l-NY'-61 )1 . . . EXHIBIT A TEMPORARY EASEMENTS REAL PROPERTY in the city of Pleasant Hill, county of Contra Costa, state of California described as follows: PARCEL 38 IS A PERMANENT EASEMENT CONVEYED BY SEPARA TEINSTRUMENT. IT IS INCLUDED IN THIS DOCUMENT FOR REFERENCE ~UR.POSES ONLY. PARCEL 38 Portion of the parcel of land described as Parcel Three in the deed to Earl Henry Smith and Mary Ellen Smith, as joint tenants recorded on April 29, 1959 in Book 3363 of Official Records of said county at page 577 (3363 O.R. 577), said deed (3363 O.R. 577) being further referenced in the Declaration of Death of Joint Tenant recorded on September 16, 1982 in Book 10928 at page 744, said county records (10928 O.R. 744), said portion lying within a 20 foot wide strip of land the centerline of which is described as follows: Commencing at a 1 * inch iron pipe monument at the intersection of Jeanette Drive (Joan Drive) and Gladys Drive (Ardith Drive) as shown upon the map of Gregory Gardens, Unit No.1 filed on June 21, 1949 in Book 37 of Maps at page 46, said county records (37 Maps 46); thence along the centerline of Gladys Drive (Ardith Drive) south 860 32' 33" east 124.99 feet (south 870 53' 05" east 125 feet - record) to a similar iron pipe monument as shown upon said map (37 Maps 46); thence leaving said centerline north 650 03' 22" 125.96 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING south 580 03' 10" east 256.14 feet; thence south 20 10' 25" west 390.28 feet; thence south 30 29' 25" west 305.26 feet to a point which bears north 880 39' 29" west 567.14 feet from a standard monument on the centerline of Gregory lane lying 7.54 feet westerly of the centerline of South Cody lane as shown upon the Parcel Map filed on August 8, 1988 in Book 135 of Parcel Maps at page 7 (135 PM 7), last said monument bears north 890 28' 02" west 449.68 feet (north 890 27' 52" west 449.64 feet - record) from a similar monument at the intersection of the centerlines of Gregory lane and Cleaveland Road as shown upon said Parcel Map (135 PM 7). Lengthening or shortening the sidelines of said 20 foot wide strip of land to meet at angle points. Containing an area of 3,789 square feet, more or less. ~~~ A.P.N. 150 -141 - 038 DP 4985 - PCLS 38-1 temp and 38-2 temp Smith C:\wpdocs\4985smth. tmp Exhibit A Page 1 of 2 August 15. 1997 PARCELS 38-1 AND 38-2 ARE TEMPORARY CONSTRUCTION EASEMENTS. PARCEL 38-1 All that portion of hereinabove referenced Smith parcel (3363 O.R. 577) bounded on the west by the westerly line of said Smith parcel, on the .southwest by the northeasterly line of hereinabove described Parcel 38, and on the northeast by the southwesterly line of the Contra Costa County Flood Control and Water Conservation District (CCCFC&WD) easement described in Exhibit B of the Resolution of Acceptance and Easement recorded on March 17, 1959 in Book 3337 at page 368, said county records (3337 O.R. 368). Containing an area of 409 square feet, more or less. PARCEL 38-2 All that portion of the hereinabove referenced Smith parcel (3363 O.R. 577) bounded on the west by the westerly line of said Smith parcel, on the northeast and east by the southwesterly and westerly lines of the hereinabove referenced CCCFC&WD easement (3337 O.R. 368), and on the southwest by a line drawn parallel with and 20 feet southwesterly from the southwesterly line of hereinabove described Parcel 38. Containing an area of 1,056 square feet, more or less. A.P.N.150-141-038 OP 4985 - PClS 38.1 temp end 38.2 temp Smith C:\wpdocc\4985cmth. tmp Exhibit A Pege 2 of 2 August 15, 1997 TEMPORJ :V CONS=( /' ; ~~ CENTRAL CO. . . RIGHT / --~.'~ON- ::ASEMENT ~AAv DISTRICT . .ffo SEWER c '" ... t c; .., U 0- " ., II) '" .. " . ~ -0 .. " i CCCFC 8< WCD EASEMENT] (3337 OR 368) . - ---------------------------------20~------ ---- - ///" _..-.--------------- _ _ _ 10' - ,/ " " " ,/ ,/ ,/ ,/ ,/ ,/ " ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,,/ " -,," ~~------ -=:~~1s~ -----J---- @ SMITH TEMPORARY CONSTRUCTION EASEMENT <1056 SQ.FT.) .... Z ---J >- <.) Z <{ Z N :: DRAWN BY: = ORS . SCAlE: ~ 1w~50' ~ Z 124.99' (TIE> 0 S860 23'33"E 50 ? I I FEET 0iECKED BY: 1HOMAS BRO.: EAC 4787 OAlE: CO. ASSMT. NO.: 8-15-97 150-141~ JOB NO.: 4985 PARCEL NO.: 38 Central Contra Costa Sanitary District August 15, 1997 CERTIFIED MAIL - P 276 422 230 ROGERJ. DOLAN General Manager Chief Engineer Mrs. Maryellen Smith 247 Gregory Lane Pleasant Hill, CA 94523 KENTON L AIM COWlSelfor the District (510) 938-1430 JOYCE E. MURPHY Secretary of the District Dear Mrs. Smith: NOTICE OF PUBLIC HEARING ON THE RESOLUTION OF NECESSITY REGARDING CONDEMNATION OF PERMANENT AND TEMPORARY EASEMENTS; APN 150-141-001; APN 150-141-002; APN 150-141-003; APN 150-141-004; APN 150-141-005 Central Contra Costa Sanitary District (District) is planning to construct a sanitary sewer through the City of Pleasant Hill in order to reduce the number of sewer overflows that have occurred during heavy rains. Additionally, in conjunction with this project, the District will be constructing a recycled water pipeline to provide the community an inexpensive source of water for industrial and municipal uses. As you are aware, this public improvement project will impact your property on Gregory Lane. The District has been trying to negotiate with you the purchase of the necessary property rights to construct this project over a portion of land owned by you. You have been presented with an offer of just compensation and given a Statement of and Summary of Basis for the amount established as Just Compensation. To date the District has been unable to secure the property rights across your property required for the project. At this time, District staff seeks to obtain timely possession of the property rights by recommending to the District's Board that an eminent domain proceeding be commenced. The first part of the eminent domain process is the adoption of a Resolution of Necessity by the District's Board. However, no contract for the project will be awarded unless the District Board elects to adopt the Resolution of Necessity, which is the subject of this Notice of Public Hearing. This action is necessary at this time due to the notification/time constraints associated with the eminent domain process. The eminent domain process is essentially one by which the District asks the court to provide the District property rights for a public project, in exchange for compensation determined by a court or jury. The law requires that certain parties be notified by the District concerning the Resolution of Necessity hearing. Please be advised that a public hearing is scheduled at the District Board Room at the above address on September 4, 1997, at 3 p.m. The purpose of this hearing is to consider information as further identified below. Staff intends to recommend to the District's Board at the meeting on September 4, 1997, that it adopt a Resolution ID-GL\H:IINFRAIDPI20131ISMITH.NTC @ Recycled Paper Mrs. Maryellen Smith Page 2 August 15, 1997 of Necessity to acquire by condemnation the proposed easements across your property described in the Resolution of Necessity. You are hereby notified that you have the right to appear at the hearing and be heard concerning the issues set forth in the California Code of Civil Procedure Section 1240.030, which are: · whether the public interest and necessity require the District's project; · whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and · whether the subject easements are necessary for the project. You may also be heard on the issue of whether an offer, as required by Government Code Section 7267.2, was made to you. However, the amount of compensation for the easement interests in your property is not a subject of this hearing and will not be considered by the District's Board in making its decision whether or not to adopt a Resolution of Necessity. In order to appear and be heard at the hearing, you must file with the Secretary of the District, Joyce Murphy, within fifteen (15) days after the date of mailing of this notice, a written request to appear and be heard. Failure to do so will result in waiver of your right to appear and be heard. The District's negotiator, Rick Hernandez, will continue to discuss relevant issues with you concurrent with the District taking steps to obtain rights to enter your property. It remains our desire to reach an agreement with you on compensation for the property rights required for the District's project. Please feel free to contact the undersigned at (510) 229-7273 or Rick Hernandez at (510) 229-7132. Sincerely, -a~{l,~ fM-1' 'f':d" J. ~Iecki Senior Engineer T JP/vh/pk cc: M. Cornelius R. Hernandez J. McCoy J. Murphy ID-GL\H:\INFRA\DPI20 131 ISMITH.NTC Central Contra Costa Sanitary District August 15, 1997 CERTIFIED MAIL - P 276 422 230 ROOER,X DOl.tCN a-rtIlu.-pr ClrUfe.p..r Mrs. Maryellen Smith 247 Gregory Lane Pleasant Hill, CA 94523 KENTON 1.. AIM C~fiwllw DUtrid (l10) 9J1.UJO JOrCE E. MURPHT S4awtIII7 tfllw DUtrid Dear Mrs. Smith: NOTICE OF PUBLIC HEARING ON THE RESOLUTION OF NECESSITY REGARDING CONDEMNATION OF PERMANENT AND TEMPORARY EASEMENTS; APN 150-141-001; APN 150-141-002; APN 150-141-003; APN 150-141-004; APN 150-141-005 Central Contra Costa Sanitary District (District) is planning to construct a sanitary sewer through the City of Pleasant Hill in order to reduce the number of sewer overflows that have occurred during heavy rains. Additionally, in conjunction with this project, the District will be constructing a recycled water pipeline to provide the community an additional source of water for industrial and municipal uses. As you are aware, this public improvement project will impact your property on Gregory Lane. The District has been trying to negotiate with you the purchase of the necessary property rights to construct this project over a portion of land owned by you. You have been presented with an offer of just compensation and given a Statement of and Summary of Basis for the amount established as Just Compensation. To date the District has been unable to secure the property rights across your property required for the project. At this time, District staff seeks to obtain timely possession of the property rights by recommending to the District's Board that an eminent domain proceeding be commenced. The first part of the eminent domain process is the adoption of a Resolution of Necessity by the District's Board. This action is necessary at this time due to the notification/time constraints associated with the eminent domain process. The eminent domain process is essentially one by which the District asks the court to provide the District property rights for a public project, in exchange for compensation determined by a court or jury. The law requires that certain parties be notified by the District concerning the Resolution of Necessity hearing. Please be advised that a public hearing is scheduled at the District Board Room at the above address on September 4, 1997, at 2 p.m. The purpose of this hearing is to consider information as further identified below. Staff intends to recommend to the District's Board at the meeting on September 4, 1997, that it adopt a Resolution of Necessity to acquire by condemnation the proposed easements across your property ID-GL\H:\lNfRAIDP\20131 \SMITH.NTC @ Recycled Paper Mrs. Maryellen Smith Page 2 August 15, 1997 described in the Resolution of Necessity. Please note that the actual start time may be later than 2 p.m. pending Board deliberation. You are hereby notified that you have the right to appear at the hearing and be heard concerning the issues set forth in the California Code of Civil Procedure Section 1240.030, which are: · whether the public interest and necessity require the District's project; · whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and · whether the subject easements are necessary for the project. You may also be heard on the issue of whether an offer, as required by Government Code Section 7267.2, was made to you. However, the amount of compensation for the easement interests in your property is not a subject of this hearing and will not be considered by the District's Board in making its decision whether or not to adopt a Resolution of Necessity. In order to appear and be heard at the hearing, you must file with the Secretary of the District, Joyce Murphy, within fifteen (15) days after the date of mailing of this notice, a written request to appear and be heard. Failure to do so will result in waiver of your right to appear and be heard. The District's negotiator, Rick Hernandez; will continue to discuss relevant issues with you concurrent with the District taking steps to obtain rights to enter your property. It remains our desire to reach an agreement with you on compensation for the property rights required for the District's project. Please feel free to contact the undersigned at (510) 229-7273 or Rick Hernandez at (510) 229-7132. Sincerely, 4fJ jJ~. l{adJ.~eCki Senior Engineer T JP/vh/pk cc: M. Cornelius R. Hernandez J. McCoy J. Murphy IO-GL\H:\lNFflAIDP\20 131 \SMITH.NTC ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS ..................................................................................................................................................................................................................... ~:m:m:::~pj.,.:I..;I::;.;:;;I...I..\.\m:rJ~A::;I.I:..::.:)1I':':m:::m::;:::;:::;::::::::m:m: BOARD MEETING OF n~~~~~~~~~~mBMl::;:~:~::::t:::::B::}:~:::)~~~:~m.::j:::::~:::::;:;;;;;~:)\:::;:::::I::::m:I~~:~:~:~:~:~:~ September 4, 1 997 Page 1 of 6 NO. 6. HEARINGS b. DATE TYPE OF ACTION August 28, 1997 CONDUCT PUBLIC HEARING; CONSIDER PLAN AND PROJECT APPROVALS SUBJECT CONDUCT A PUBLIC HEARING; CONSIDER APPROVING THE "SPECIFIC FACILITIES PLAN FOR WASTEWATER UTILITY SERVICE TO DOUGHERTY VALLEY AND TRIBUTARY PROPERTIES" AND A GRAVITY TUNNEUTRUNK SEWER PROJECT SUBMITTED BY Jarred Miyamoto-Mills, Principal Engineer INITIATING DEPTIDIV Engineering/Planning ISSUE: The Board of Directors has set September 4, 1997, as the date for a public hearing prior to considering approval of the "Specific Facilities Plan For Wastewater Utility Service To Dougherty Valley And Tributary Properties" and a gravity tunnel/trunk sewer project. BACKGROUND: Several County planning and environmental studies, as well as legal settlement agreements, have identified the District as the preferred wastewater utility service provider to future development in Dougherty Valley. To formally recognize the District as the appropriate service provider, the Contra Costa Local Agency Formation Commission (LAFCO) recently amended the District's Sphere of Influence (SOl) to include Dougherty Valley. Given the District's recent annexation of the eastern half of Dougherty Valley (Windemere Ranch) and much of the tributary properties, and in anticipation of annexation requests for the remainder of the valley and tributary properties later this year, it is appropriate at this time to finalize the District's facilities planning for this area. Previous studies have weighed the technical and financial feasibility of many wastewater facility options for serving Dougherty Valley and tributary properties and narrowed the choices down to the two best alternatives: construction of a tunnel to transport wastewater out of the valley by gravity or construction of a Dougherty Valley pumping station. A draft "Specific Facilities Plan for Wastewater Utility Service to Dougherty Valley and Tributary Properties," prepared by staff and made available for public review, summarizes these previous studies and recommends construction of the tunnel alternative due to its technical feasibility and financial, operational, and environmental superiority to the pumping station alternative. Two tunnel design options, however, remain to be resolved during the project's predesign stage. Also recommended in the Specific Facilities Plan are other necessary downstream facilities to be constructed over time and General Development Standards for Wastewater Utility Service to ensure adequate project financing without financial risk to current or future District customers. It is appropriate to receive comments in a formal public hearing prior to Board consideration of the staff recommendations. REVE1I\IED AMJ RECONWIEMJED FOR BOARD ACTION RAB INITIATING DEPARTMENTIDIIIISlON ~ ~-rVVlvvl JMM 01~ H :\DA T A \POSP APER\PPADOPT .JMM 9/16/96 :::.:,:::::::::::::::,:::::::::.::':'::.'/'::::':\'.':".""\I""m':"""::':'I"":.{'.:,"'\II"'.\)':.:,:::::'I"""'';::.f'':'\'':e'''''''''.:'e':''''''.'B''''.::""'::::::::.:::.:.:::.::'.:1:1:1 DATE ............. ....... ... ........ .. ..... .... .......... .....-..... August 28 1997 ::~:~:~:~:~:~:~:~:~:~:~:~:~:~:~.:.::~:~:~:~::.:.:.:.::::~::.:...:.:.:::.:.~:~::.:.::~:~.:.::~::.:.:.:.::::~.:.::~::.:.:.:~~:~:~~~::.:.~:\\:::::::::::-:../:~:~::.:.;.;:;.;.:.)~.:.:.~:~:~:~:~:~:~:~:~:}~:~: ' I Page 2 of 6 SUBJ ECT CONDUCT A PUBLIC HEARING; CONSIDER APPROVING THE "SPECIFIC FACILITIES PlAN FOR WASTEWATER UTILITY SERVICE TO DOUGHERTY VALLEY AND TRIBUTARY PROPERTIES" AND A GRAVITY TUNNELlTRUNK SEWER PROJECT The environmental impacts of the facilities and policies recommended in the Specific Facilities Plan (including a gravity tunnel/trunk sewer project and other downstream improvements, such as the Larwin Pumping Station expansion) have been addressed in the County's 1996 Final Subsequent Environmental Impact Report, Windemere - Phase I and Gale Ranch - Phase II (SCH# 96013003). The CCCSD Board of Directors reviewed this EIR during its deliberations regarding annexation of the Windemere property in June 1997 and concluded that this EIR addressed the wastewater utility service issues pertaining to Dougherty Valley and tributary properties. In compliance with the District Code, a legal notice was published in the Contra Costa Times, a newspaper of general circulation in the area affected by the Specific Facilities Plan. The legal notice announced the availability of the draft Specific Facilities Plan for public review; the date, time, and location of today's public hearing; and the District's intent to consider adoption of a final Specific Facilities Plan. Additionally, copies of the notice and draft Specific Facilities Plan were mailed to affected land use agencies, major area developers, and other interested parties. Before considering approval of the Specific Facilities Plan and any of its recommendations, the Board should consider any comments received during the public review process and the public hearing. Comment letters and staff responses will be submitted to the Board of Directors at the September 4, 1997 meeting. RECOMMENDATIONS: 1 . Conduct a public hearing on the draft "Specific Facilities Plan for Wastewater Utility Service to Dougherty Valley and Tributary Properties" (a suggested agenda is attached). 2. Adopt the attached resolution approving the "Specific Facilities Plan For Wastewater Utility Service To Dougherty Valley And Tributary Properties" and a gravity tunnel/trunk sewer project. Page 3 of 6 RESOLUTION NO. 97- A RESOLUTION APPROVING THE uSPECIFIC FACILITIES PlAN FOR WASTEWATER UTILITY SERVICE TO DOUGHERTY VALLEY AND TRIBUTARY PROPERTIES" AND A GRAVITY TUNNELITRUNK SEWER PROJECT WHEREAS, several County planning and environmental studies, as well as legal settlement agreements, have identified the Central Contra Costa Sanitary District (CCCSD) as the preferred wastewater utility service provider to future development in Dougherty Valley; and WHEREAS, the Contra Costa Local Agency Formation Commission (LAFCO) has recently amended CCCSD's Sphere of Influence (SOl) to include Dougherty Valley and tributary properties in order to formally recognize CCCSD as the appropriate wastewater utility service provider for the Dougherty Valley area; and WHEREAS, CCCSD has recently annexed the eastern half of Dougherty Valley (Windemere Ranch) and much of the tributary properties, and anticipates annexation requests for the remainder of the valley and tributary properties later this year; and WHEREAS, CCCSD has had long-standing policies and past practices of preferring gravity service to the use of pumping stations and eliminating or consolidating existing pumping stations whenever possible; and WHEREAS, over the past several years, CCCSD has undertaken or commissioned several studies to determine the most appropriate method of providing wastewater utility service to Dougherty Valley and tributary properties; and Page 4 of 6 WHEREAS, the results of these studies, as summarized in the uSpecific Facilities Plan for Wastewater Utility Service to Dougherty Valley and Tributary Properties," indicate that a gravity tunnel/trunk sewer alternative is recommended over a Dougherty Valley pumping station due to its technical feasibility and financial, operational, and environmental superiority to the pumping station alternative; and WHEREAS, General Development Standards for Wastewater Utility Service have been proposed in the Specific Facilities Plan to give plan area developers early notice of CCCSD's expectations and requirements for wastewater utility service to Dougherty Valley and tributary properties and to ensure adequate project financing without financial risk to current or future District customers; and NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED THAT SECTION 1. The CCCSD Board of Directors, acting as a Responsible Agency under the California Environmental Quality Act, certifies that it has reviewed and considered the information contained in the County's 1996 Final Subsequent Environmental Impact Report, Windemere - Phase I and Gale Ranch - Phase II (SCH# 96013003) relevant to the provision of wastewater utility services to Dougherty Valley and tributary areas. SECTION 2. The CCCSD Board of Directors independently finds that the extension of wastewater utility services to the Dougherty Valley and tributary areas would create significant short-term construction impacts, as well as project-level and cumulative impacts on Page 5 of 6 wastewater system capacity and the need for new facilities. These significant impacts can be reduced to less-than-significant levels through implementatipn of the mitigation measures required of the project by Contra Costa County (the Lead Agency). SECTION 3. The CCCSD Board of Directors independently finds that implementation of the wastewater mitigation measures (annex the project; collection of fees to mitigate the cost of facility expansion projects; adoption of the tunnel alternative if geotechnical, design, and economic issues can be resolved; and implementation of standard construction mitigation) is the responsibility of CCCSD. This mitigation implementation will occur in accordance with the County's Conditions of Approval and Mitigation Monitoring and Reporting Program, which are incorporated by reference and hereby adopted by CCCSD. Implementation of all other mitigation measures are within the responsibility and jurisdiction of other public agencies and not CCCSD. CCCSD staff shall file a Notice of Determination in compliance with CEOA Guidelines, Section 15096(i). SECTION 4. The CCCSD Board of Directors hereby adopts the "Specific Facilities Plan for Wastewater Utility Service to Dougherty Valley and Tributary Properties," including the General Development Standards for Wastewater Utility Service to ensure adequate facilities financing without financial risk to current or future District customers. SECTION 5. The CCCSD Board of Directors hereby approves Alternative E-1 (Gravity Tunnel to the Larwin Pumping Station) as described in the Specific Facilities Plan, including construction of a gravity tunnel and associated trunk sewers, as well as phased expansion of the Larwin Pumping Station and an associated forcemain. This alternative is preferable to a Page 6 of 6 Dougherty Valley pumping station because of its technical feasibility and financial, operational, and environmental superiority. PASSED AND ADOPTED this 4th day of September, 1997, by the Central Contra Costa Sanitary District Board of Directors by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: Mario M. Menesini President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Joyce E. Murphy Secretary of Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to form: Kenton Aim District Counsel ~ (;entral Contra Costa Sanitary District BOARD OF DIRECTORS ......... .... ....... . ..... ... .............................. ::::::::::::::'B"':;:::::::.:::':;:;:::':::'B::::::':~I....m::::.....:~il..:.:.:;;j:;::.::II...:.:(.::::::~II..:;:::.:::.):.\.I..:;:.::::I...::::::::.II.....:::.::::::::~::::::::::::::::~:~: :.:.:.:.:.:.: ':':':':', . : ". '.:. ':':', . .: ':', ..;.:.: .:.:.:.: ..... :.:.:.:.: . :.;.. .:.:.:.:.:.:.:.:.:.;.:.:.: :~:~:~:;:;:;:::::;:;:;:;:;:;:::::::::::;:~:::::::::::~::{:~:::::;:;:::::;:t:::{:;:::::;:~:~:::::~:~:)::~:~:;:;:;:;:;:;:;:t::;:;:;:;:;:;:;:;:;:;:;:f:{:;:;:;:;:;:;:rrf;:;:;:;: Page 1 of 3 DATE August 27, 1997 NO. 6. HEARINGS c. TYPE OF ACTION CONDUCT HEARING SUBJECT CONDUCT A PUBUC HEARING TO RECEIVE COMMENTS ON PROPOSED ADDITION TO THE DISTRICT CODE, TITLE 11, RECYCLED WATER SUBMITTED BY Lynne B. Putnam, Senior Engineer INITIATING DEPT IOIV Engineering/Planning ISSUE: It is the District's practice to hold a public hearing prior to revising the District Code. BACKGROUND: On August 7, 1997, the Board of Directors established September 4, 1997, as the date of the public hearing on a proposed addition to the District Code, Title 11, Recycled Water. The District is the designated purveyor of recycled water in the Pleasant Hill area (Zone 1) and for five current recycled water customers near the treatment plant. The District has received the necessary permit to serve these recycled water customers from the Regional Water Quality Control Board (RWQCB). The AWQCB permit requires the District to establish and enforce rules and regulations for recycled water uses. A new section of the District Code, Title 11, has been written to establish rules and regulations of recycled water use for current and future customers. The Board of Directors previously received a copy of Title 11 on August 7, 1997. Please refer to Attachment 1 for a summary of the issues covered in Title 11. Since the new code section will be used to create permits and will establish enforcement of permit restrictions, a public hearing will allow current and future customers to review and comment on the new code section. RECOMMENDATION: Hold public hearing to receive comments on proposed Title 11, Recycled Water and consider approval of ordinance to add Title 11, Recycled Water to District Code. REVEl\fD AM) RECOMMENDED FOR BOARD ACTION DJC RAB INEER 'tJj,e ~I INITIATING DEPARTMENTIOIVlSION H:\DATA\POSPAPER\TITl lPP.WPD 9116/96 Page 2 of 3 ATTACHMENT 1 TITLE 11 RECYCLED WATER SUMMARY Issues covered by the proposed Title 11: Recycled Water 1. The District owns all distribution facilities, including the meter, rights-of-way, and encroachment permits. The customer owns all facilities on the customer side of, and including, the valve downstream of the meter. 2. Customers have the responsibility to: A. Comply with requirements in the RWaCB Water Reuse Requirements; B. Comply with requirements in the District's Water Use Permit; C. Design, construct, and operate customer-owned recycled water facilities in accordance with District standards; D. Apply recycled water in accordance with Title 22; E. Train employees in appropriate uses of recycled water; F. Clearly identify all above-ground equipment used for recycled water; G. Inspect the site of recycled water use on a monthly basis and report on inspections to the District on a quarterly basis. 3. Failure to comply with the customer requirements could result in termination of service and/or penalties. 4. Failure to use recycled water where appropriate and available may be a violation of California Water Code Section 13551. 5. The conditions of recycled water service are discussed which include the following issues: A. Pressure and flow B. Allocation of recycled water in the event of a shortage C. Recycled water quality D. Protection of recycled water system E. Liability F. Application for water service G. Recycled water customer permit H. Unauthorized use of water I. Reporting requirements J. Obligation to pay for water delivered K. Water waste Page 3 of 3 L. Delivery facilities and meters M. Obstruction of water facilities prohibited N. Meter reading O. Testing meters P. Billing and collection for water deliveries O. Suspension or termination of water deliveries R. Access to customer site 6. Recycled water rates will be established and may be amended by the District's Board of Directors. 7. The District, at the discretion of the GM-CE, may pay for retrofits on a customer's property by entering into an agreement with the customer, and may charge a retrofit surcharge added to the established rate for recycled water, in order to recover the costs over a period not to exceed 15 years. ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 2 BOARD MEETING OF September 4, 1997 NO. 8. BIDS AND AWARDS a. DATE TYPE OF ACTION August 27, 1997 AUTHORIZE AWARD OF CONTRACT SUBJECT AUTHORIZE AWARD OF CONTRACT FOR SECURITY ACCESS AND VIDEO SYSTEMS (DP8172) TO NORTHLAND CONTROL SYSTEMS SUBMITTED BY Bonnie Allen, Risk Manager INITIATING DEPT/DIV Administrative/Risk Management ISSUE: Board authorization is required for District staff to issue a negotiated contract for furnishing and installing the Security Access and Video Systems. BACKGROUND: The project purpose is to install an electronic access security system and intruder video system in both the HOB and POD main entrances and in selected security risk areas, such as the Materials Control building (warehouse). This will reduce unauthorized entry, provide the District protection from loss of equipment and important records, and offer personal protection for the employees. The consultant's estimate for the work was $81,000. A Bid Request was issued and bids were opened on May 21,1997. Only one bid was received from CardKey Systems in the amount of $217,904. A technical evaluation revealed that the bidder took a major material variance to the Bid Request. At the July 3, 1997 Board meeting, the Board declared the bid non- responsive and authorized staff to negotiate a contract(s) for the completion of the project pursuant to the Public Contract Code. The Board of Directors requested that staff report back to the Board on the project's status and to obtain authorization to award a negotiated contract. Staff began negotiations with CardKey Systems in an effort to define the true scope of work and obtain competitive pricing for the work that was closer to the estimate of $81,000. Staff also began negotiations with Northland Control Systems. Both negotiations were in good faith that led to substantial savings. After completing all of the negotiations CardKey had reduced their initial bid amount to approximately $97,000, a 45% reduction, but still over the District's estimate. However, Northland Control Systems has submitted a proposal of $80,650 that is inclusive of all requested items. Staff is therefore recommending that a contract be awarded to Northland Control Systems. The security access and video system project is included in the fiscal 1996-1997 Capital Improvement Budget on pages GI 22 and 23. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEOA) under District CEOA Guidelines Section 18.2 since it involves minor alterations to an existing public structure with REVlEWED AND RECOIIIfMENDED FOR BOARD ACTlON INITlA TING DEPARTMENTjDlVISION ~ C:\WPWIN\ACCESS\LOCKS3. WPD 9/16/96 DATE August 27, 1997 Page 2 of 2 SUBJECT AUTHORIZE AWARD OF SECURITY ACCESS AND VIDEO SYSTEMS (DP8172) TO NORTHLAND CONTROL SYSTEMS no expansion of use beyond that previously existing. The Board of Directors' approval of this project will constitute an independent finding that this project is exempt from CEOA. RECOMMENDATION: Authorize the award of a contract to Northland Control Systems in the amount of $80,650 for the District's security access and video systems. ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS ... ............ ....... ........ . ........ "... . t:-I::..::..:..I....*I~::fl..::..:::.~::..:C.@::::}: BOARD MEETING OF ~~t::j~:~::~.91:::!::::::::.~~I::::::::::::::::::.m::!it::::~~:::;;::::::~:::::~: September 4, 1 997 Page 1 of 3 NO. 8. BIDS AND AWARDS b. DATE TYPE OF ACTION August 28, 1997 AUTHORIZE AWARD OF CONTRACT SUBJ ECT AUTHORIZE AWARD OF CONTRACT TO JEFFCO PAINTING & COATING, INC. FOR CLEANING AND PAINTING OF THE LIGHT INDUSTRIAL BUILDING, 4737 IMHOFF PLACE, MARTINEZ, CALIFORNIA SUBMITTED BY Ken F. Laverty, Purchasing & Materials Mgr. INITIATING DEPTIDIV Administrative/Purchasing and Materials Control ISSUE: The District has received bids for cleaning and painting of the exterior of the light industrial building at 4737 Imhoff Place, Martinez, CA. The Board of Directors must authorize award of the construction contract or reject all bids within sixty (60) days of the opening of bids. BACKGROUND: The light industrial building located at 4737 Imhoff Place, which is adjacent to the District's Treatment Plant was built in 1981 and purchased by the District in 1 991. The original paint is now 16 years old and no repainting has been done previously. The building has concrete slab exterior walls that now have minor cracking and both the walls and roll up doors have faded in color, therefore it is now prudent to reseal and repaint this building. The Bid Request was advertised on August 5 and 10, 1997. Four bids were received and publicly opened on August 18, 1997. These bids are listed on Attachment 1, Tabulation of Bids. Purchasing staff has done a commercial and technical evaluation of the bids. The lowest responsible bidder is Jeffco Painting & Coating, Inc. with a bid of $16,766. The initial engineer's estimate for this work was $23,000. The color selection for 4737 Imhoff is the same as the new Household Hazardous Waste Facility to give continuity to the entire complex. This repainting work is part of the 1997-1998 O&M Budget in the Purchasing and Materials Control Division. Staff has determined that this project is exempt from the California Environmental Quality Act (CEOA) under District Guidelines Section 18.2, since it involves a minor alteration to an existing facility with no expansion of use beyond that previously existing. The Board of Directors' approval of this project will constitute an independent finding that the project is exempt from CEOA. RECOMMENDATION: Authorize award of a contract to Jeffeo Painting & Coating, Inc., the lowest responsible bidder, for $16,766 for cleaning and painting of 4737 Imhoff light industrial building. AIID RECOMMENDED FOR BOARD A COON 'In ", " INITIATING DEPARTMENTIDIVlSlON PM S :\ADMIN\POSP APER\4 7371MH .PP 1 9116/96 I- o a: I- tn - C ~(/) <to 1-- -m ZLL ~O ~2 tnO 0- 0"" <tS a:::J I-m Zet 8.... .oJ <t a: I- Z w o ~ U m N o N .... o ;.: CD .0 E ~ z 1ii CD ~ C' CD a: "C as 01 .... e: o ,- "C 01'- 'a~ e:- .- as as ,- a.. - "2~ as "2 Ol- e:.... ,_ .s= e: 01 as .- CD...J -:s: u 0 .. .s= 5 E '0:; - c...... .>: M u..... :3ot c.... o iij - .>: .2 CD - .... CD as 1;( ~ CD "C e: CD E E 0' u CD a: CD .... as C N .... o - CD 01 as e: as ~ .... .... CD CD .s= UJ .... u CD '0' - a.. CD .... as C ~ ~ cJ i CD 01> e: as 'iij ...J as . .s=u.. ~ e: ~ CD o..~ ~ "C CD > o - C. 0. ~ i:: o III as CD a: "C CD III 'f CD > "C ~ III CD .... as C u CD .E u 0 CD ;t co N e: 0 .... 0 CD It) iij al z co ~co .... .... N ....It) 0 al UJot ~ .... .s=m 0(/)0 O~ ....u 1ii ~ CD CD e' u ~.& '>: a.. o~ .~ N ._ e: coo.. ::l u .E 2 o III C. E o .s= ~ C) ~ u e: a e: '0:; as o U olJ 01 e: '0:; e: 'iij a.. o ~ CD . - _ 0 - .... CD U :: l!! 0..... o.e: ~ 0 UJu CD .... as . c~ "Co asLL ot o co ot m .~ "Cu > ~ -"C m e: - 0 ~ E as.s= u u ....ii: g. ....~ CD ~ e: ~ N ~ m "C ot 2lom -=It)~ .iij.....u a: 01 ~ O e: ,2- .- CD co"C- N'S ii ....m> gj CD - "C "C ~ CD 0 u '>: .... a.. ot ii a5 .... .... {3. 0(/)0 CD u .>: a.. .... '2 ::l CD u '>: a.. ii .... {3. CD u '>: a.. .... '2 ::l CD e: o Z o .... ot a5 .... 0(/)0 co co ..... rD .... 0(/)0 CD e: o Z co co ..... rD .... 0(/)0 ii .... 0 ~ "C e: as - e: C) 0 'S, 01 '>: e: u '0:; III e: CD 'iij c a.. "C e: as III 01 e: e: 0 '2 '0:; as 0. CD CD U u dj ~ III '0:; .... 0 e: 0 ~ as ...J ~ ~ .... u 0 en N 0 N - Vi E ~ CD 0 a: ....z .... 0 ~ :i:: I- o a: I- o - c >0 a:C <(- !::I:Q 2LL ~O <(2 1-0 0_ 01- Oet <(...I a:=> I-I:Q 2et 81- ..J <( a: I- 2 w o ~ U 0) ('oj o ('oj ... o ;.: CD .D E ::J Z 1ii CD ::J cr CD ex: ~ iii a .... ,5 o~ 01= c ::J ".j:O lD c- ,- 10 10'- a..ti ~ ::J 1O~ a:; ,5 r. c a m:.:; -::: Uo ur. a E .~ - c.,... 't: (W) (J,... :g~ 0.... o iii ... ,- 0 ... "- CD ... ... CD lOX ~ CD ~ CD E E o (J CD ex: c o CII 10 CD ex: CD ... 10 o ('oj .... o ('oj ... CD CD r. (/) ... CD a 10 c 10 ~ ... (J CD '0' ... a.. CD ... 10 o ~ ::J C '.j:O C o .,g a c "iij 10 r. (J ~ >- lD ~ CD > o Q. 0. c:( ~ CD CII 'f CD > ~ c:( CII CD ... 10 o CII a c '.j:O 10 o U CII C o (/) all ... 'iij as ... -.s ~ (J ,- 10 Q.~ o.c ::J 0 (/)U CD ... 10 . OlD ~O iiiu.: o ... colt) co~ coO) xc:( oU lD ~ 10 ci :2 c .CD a..lD CII CII CD ... ~ ~ c:( ~ CD CII 'E o ... a.. ~u CD CII ,~ E Q)~ 01- CD (J 't: a.. iii ... o I- 4) CD (J 't: a.. ... '2 ::> CD (J "t: a.. iii ... o I- 4) CD (J 't: a.. ... '2 ::> CD (J 't: a.. iii ... o I- ~ ~ 0) en ... 4) CD C o Z ~ ~ 0) en ... 4) CD (J 't: a.. ... '2 ::> 10 ... o I- ~ C 10 ... C) c o '.j:O 0. 't: (J CII CD o a c '.j:O c "iij a.. ~ c 10 a c "2 10 CD U iIj c o '.j:O 0. CD (J X W m o I- c..j ~ u en N o N .... .- III ~ 0:: o ~ J: >- ... ".j:O C 10 ::J o ... o ..J ... E 0 ~z ~ l,entral Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 2 BOARD MEETING OF September 4, 1997 NO. 11. ENGINEERING b. DATE TYPE OF ACTION August 27, 1997 ACCEPT CONTRACT WORK/AUTHORIZE NOTICE OF COMPLETION SUBJECT ACCEPT CONTRACT WORK FOR THE REINSTALLATION OF FLEXIBLE NEOPRENE FLAPS ON THE OUTFALL DIFFUSERS, DISTRICT PROJECT 7184, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION SUBMITTED BY Ba T. Than, Associate Engineer INITIATING DEPTIDIV Engineering Department/Plant Engineering Division ISSUE: Construction has been completed for the reinstallation of the flexible neoprene flaps on the outfall diffusers for the Outfall Improvements Project, Phase IV, District Project No. 7184, and the work is now ready for acceptance. BACKGROUND: The District has a 72-inch outfall discharging the plant effluent to Suisun Bay. This outfall was constructed in 1958. In early 1970, major modifications to the eleven (11) diffusers were performed including removing the nozzle diffusers and retrofitting them with flexible neoprene flaps to provide proper dilution of the plant effluent. Proper dilution of the plant effluent is one of the conditions of the District's National Pollution Discharge Elimination System (NPDES) permit. At the suggestion of the Board, a recent underwater inspection of the submarine outfall was performed in 1996. The outfall structure is in excellent condition, however, the flexible neoprene flaps were missing on five (5) of the eleven (11) diffusers. Details of this project are also included on pages TP-13 through TP-15 of the Fiscal Year 1997-98 Capital Improvement Budget. The construction contract was awarded to Underwater Resources, Inc. of San Francisco on January 9, 1997. The contract price for the replacement of five (5) missing flaps was $80,100. The Contractor was issued a Notice to Proceed on January 24, 1997. In addition to this contract, there were two additional contracts related to outfall repair and maintenance. The first was a service contract for a maximum of $15,800 for the removal of sediment contained inside the outfall. This work was completed on June 26, 1997 for a cost of $14,800. The second was for the repair of the cover plates to the three access structures on the outfall. This work was completed on June 5, 1997 for a cost of $6,000. The Contractor had made a claim for additional compensation because of excessive sediment build-up outside the outfall around the diffuser section that would interfere with its underwater operations. The District hired an independent diver to verify the conditions of sediment build-up and was unable to substantiate the Contractor's claim. The claim was denied. The underwater survey also revealed that the configurations of the diffusers were slightly different from the record drawings; therefore, staff redesigned a new flap assembly that can be installed on the existing diffusers. This new design reduced construction time and cost. REVEWED AND RECOMMENDED FOR BOARD AC710N B~T wiO INITIATING DEPARTMENTIDIVISION PED\L:\PP\ 7184ACPT. BTT 9/16/96 DATE August 27, 1997 Page 2 of 2 SUBJECT ACCEPT CONTRACT WORK FOR THE REINSTALLATION OF FLEXIBLE NEOPRENE FLAPS ON THE OUTFALL DIFFUSERS, DISTRICT PROJECT 7184, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION At the direction of the Board, staff proceeded to direct Underwater Resources, Inc. to perform the work on a time and material basis to replace all eleven (11) flexible neoprene flaps. Work was completed on July 18, 1997. The total construction cost was $34,704.50 which resulted in a savings of $45,395.50. It is appropriate to accept the contract work at this time. This project is a portion of Phase IV of the Outfall Improvements Project, which also includes the installation of an additional final effluent pump. The total project budget is $2,241,000. An accounting of project costs will be provided to the Board at the time of project close out. RECOMMENDATION: Accept the contract work for the reinstallation of the flexible neoprene flaps on the outfall diffusers for the Outfall Improvements Project, Phase IV, DP 7184, and authorize the filing of the Notice of Completion. ~ Central Contra Costa Sanitary Disbict BOARD OF DIRECTORS 1""1'111.11.1,11'1.111111:1':.11 BOARD MErnS~~tember 4, 1997 Page 1 of '10 NO. 11. ENGINEERING c. DATE August 27, 1997 TYPE OF ACTION ADOPT RESOLUTION SUBJECT ADOPT RESOLUTIONS TO PROCEED WITH THE FORMATION OF A DEMONSTRATION PROJECT TO BE NAMED THE LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2 SUBMITTED BY INITIATING DEPT.aV Jay S. McCoy, Infrastructure Division Manager Engineering Department/Infrastructure Division ISSUE: Board action is required to adopt resolutions to proceed with the formation of a demonstration project to be named Leona Court Contractual Assessment District No. 97-2 (C.A.D. No. 97-2) BACKGROUND: On August 7, 1997, the Board of Directors adopted a resolution directing the preparation of a report for a demonstration project known as Leona Court C.A.D. No. 97-2. Two additional actions by the Board are appropriate at this time: 1) approve the boundary of the assessment district and 2) request the consent of Contra Costa County to the District conducting proceedings for Leona Court C.A.D. No. 97-2. Separate resolutions have been drafted for each action, and the resolutions are attached for review. Also at the meeting on August 7, the subject of reimbursements to participating owners was discussed. Four of the eight owners on Leona Court are going to pay the full cost of the proposed sewer project. As the four nonparticipating owners connect their homes to the proposed sewer in the future, a repayment charge will be collected. Staff has investigated various ways to approach the repayment charge and is proposing three options for Board consideration. These options are shown on the attached charts. The assumptions for discussion purposes are as follows: · An original, individual assessment is $10,000. · The interest rate is 1 percent above the Local Agency Investment Fund (LAIF) rate. · Interest will be compounded annually. The value of the repayment by year is shown in Table 1 using a 6.68 percent interest rate (current LAIF rate plus 1 percent). AM) REi FOR BOARD ACTION (f'ff} H:\JA Y\LEONACD2\RESDEMO.PP iliiii'iiiiil"i~:':.I.11111il~l'II.I~:::lill:I::i:::..'II DATE August 27,1997 I Page 2 of 10 SUBJECT ADOPT RESOLUTIONS TO PROCEED WITH THE FORMATION OF A DEMONSTRATION PROJECT TO BE NAMED THE LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2 The three options vary in the length of time over which the repayment will be collected. Ootion Repayment Period Life 1 2 3 20 years 50 years Forever The Board is requested to provide guidance on the proposed repayment approach and the life of the repayment period. RECOMMENDATION: Adopt resolutions approving the boundary map and requesting consent of Contra Costa County for Leona Court C.A.D. No. 97-2. Provide guidance on the approach to the repayment charge. R"--"A YMENT CHARGE OPllONr AT 6.68 PERCENT INTEREST RATE OPTION 1 _30 o o o ~ tA- - ~20 co .t::. () ~ 10 [ co 0- Q) ~ 0 o .017, 0:7\1 ./ V 10 20 30 Time (years) 40 50 OPTION 2 _30 o o o ..... tA- - ~IY, ~W / / Q) 20 e> co .s:::. () - ffi 10 E >- co 0- Q) ~ 0 o 10 20 30 Time (years) 40 50 OPTION 3 _30 o o o ..... tA- - Q) 20 ~ co .s:::. () g 10 E >- ro 0- Q) ~ 0 o IY.UYl ./ - / 10 20 30 Time (years) 40 50 H:\JA Y\LEONACD2\RESDEMO.PP TABlE 1 REPAYMENT CHARGE AT 6.68 PERCENT INTEREST RATE YEAH CHARGE 1997 - 98 $ 10,000 1998 - 99 10,670 1999 - 00 11,380 2000 - 01 12, 140 2001 - 02 12,950 2002 - 03 13,820 2003 - 04 14,740 2004 - 05 15,720 2005 - 06 16,780 2006 - 07 17,900 2007 - 08 19,090 EXHIBIT A RESOLUTION NO. 97---HL RESOLUTION OF INTENTION TO UNDERTAKE A DEMONSTRA nON PROJECT DESIGNATING LEONA COURT AS CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2 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; and 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; and WHEREAS a demonstration project designed to facilitate the elimination of failing septic tanks is presently being considered; 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 order the following improvement under the authority of the Municipal Improvement Act of 1911, as amended, to wit: Construction and installation of approximately 400-linear feet of sanitary sewer line, together with appurtenant work and facilities located at Leona Court 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 Leona Court Contractual Assessment District No. 97-2." 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 this District now in use in the performance of a public function. 4. This District will finance the improvements from the Sewer Construction Fund. Assessments shalt be paid over a maximum period of ten (10) years with interest at a rate to be fixed by the District. ...w.... _ H:\JA Y\LEONAC02\RESOLCAO. WPO 1 Resolution No. 97-141 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 1998 - 99. 6. This Board appoints Jay McCoy, Infrastructure Division Manager, as Engineer of Work for this project, and directs the preparation of the report required by Section 5989.22 of the Streets and Highways Code. 7. The amount of any surplus remaining in the improvement fund after completion of the improvement and payment of all claims shall be distributed in accordance with the provisions of Section 10427 of the Streets and Highways Code. 8. A public hearing shall be held on this matter at 2 p.m. on or about Thursday, October 16, 1997, at the District offices, 5019 Imhoff Place, Martinez. This date is tentative and may be modified in the future. PASSED AND ADOPTED this 7th day of -August, 1997, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: Boneysteele, Hockett, Nejedly, Menesini NOES: Members: None ABSENT: Members: Lucey ./ A . ----./ A' / / _ _ _ /1' /V/~tJ !/f. ~U-?t. Mario M. Menesini President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~ut ~ ~ Jo c E MurPh~ up. Se tary, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: ~ Kenton L. Aim, District Counsel ..._, - H:WA Y\LEONACD2\RESOLCAD.WPD 2 RESOlUTION NO. 97- RESOlUTION APPROVING BOUNDARY MAP LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2 The Board of Directors of the Central Contra Costa Sanitary District resolves: A map entitled "Proposed Boundary of Leona Court Contractual Assessment District No. 97-2" has been filed with the Secretary of the 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 Leona Court Contractual Assessment District No. 97-2, 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. H:\JA Y\LEONACD2\RESDEMO.PP 1 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 4th day of September, 1997, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Mario M. Menesini 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 APPROVED AS TO FORM: Kenton L. Aim, District Counsel H:\JA Y\LEONACD2\RESDEMO.PP 2 RESOLUTION NO. 97- RESOLUTION REQUESTING CONSENT TO CONDUCT ASSESSMENT PROCEEDINGS LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2 The Board of Directors of the Central Contra Costa Sanitary District (CCCSD) resolves: On August 7, 1997, 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 unincorporated territory of Contra Costa County. 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 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 area of Contra Costa County which lies within the proposed Assessment District will, in the opinion of the Board of Directors of the Central Contra Costa Sanitary District, 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 Contra Costa County, 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 this Board for all purposes H:\JA Y\LEONACD2\RESDEMO.PP 1 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 Clerk of the County of Contra Costa . PASSED AND ADOPTED this 4th day of September, 1997, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Mario M. Menesini 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 APPROVED AS TO FORM: Kenton L. Aim, District Counsel H:\JA Y\LEONACD2\RESDEMO.PP 2 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS :::/11':':::::':::.::::;:;:;:;::::'15'::'::::':::.':':':;:::':':::;:I'::.:::;;;;;::::::.':'::::;::-:'j:j/I1':::'::.:(:"\:.:':::::-::::'.":::'11":::::::/::; BOARD MEETING OF .':':' ......; .:.;.:. ...... ;.:. ;.;. . .:.::: : :". .:.;.;. ......:., ....;. .......-: ", '.;.:.;.;.;.:.;.;. September 4 1997 ::::::::/)/::::::::::)::::::::::::::::/\:lh:\::::::::/::/:::::/?::::?:\:::/\:::::::m:::::::::,,::::::::::}(:)?:::/:: ' Page 1 of 5 NO. 12. HUMAN RESOURCES a. DATE TYPE OF ACTION August 27, 1997 ADOPT REVISED CLASS DESCRIPTION SUBJECT ADOPT REVISED JOB CLASS DESCRIPTION FOR THE POSITION OF NETWORK COORDINATOR (G-65, $3689-$4471 ). SUBMITTED BY Cathryn Freitas, Human Resources Manager INITIATING DEPTIDIV Administrative/Human Resources ISSUE: Board authorization is required to adopt job class descriptions. BACKGROUND: The Network Coordinator position has evolved significantly since its approval as an authorized staff position in the 1995-1996 Personnel Budget. The position was created and added in order to enhance and maintain the District's growing computer and telephone network. The position was initially filled in September, 1996 by an individual who left the District six months later. After having the position filled for six months, and subsequently using a temporary employee for an additional four months, we realized that a different and more sophisticated set of skills and abilities were needed to meet the District's requirements for this position. Our experience with both the employee and the temporary staffer who filled this position, afforded us a valuable opportunity to review and evaluate the skills and experience necessary to be successful in this position. As a result, we have carefully revised the scope and duties of the Network Coordinator so that staff can select an applicant who will better meet the demands of this position. The Board Personnel Committee reviewed and approved the revised job class description at their meeting of August 19, 1997 as well as approving the filling of the vacancy. The revised job description is attached; additions are in bold and deletions are shown in strikeout. The District's information systems have become increasingly complex and encompass a growing number of different systems - these are reflected in the revised job description. The bulk of the changes are in the Essential Duties and Minimum Qualifications Sections. These areas have been expanded to include the specific technical skills and areas of knowledge needed in the District's network environment. No change in salary is recommended. The revised description provides a good basis to recruit an individual with the breadth and depth of skills necessary to successfully support the growing Central San Network. RECOMMENDATION: Adopt the revised job class description to reflect the duties that the position has developed. REVEWED AND RECOMVIENDED FOR BOARD ACTION INITIATING DEPARTMENTIDIVlSlON A:\CLASSREV.wPD 9116/96 CENTRAL CONTRA COSTA SANITARY DISTRICT Effective: Range: Respirator Class: 6/7 /96 G-65 3 NETWORK COORDINATOR DEFINITION Provide a variety of technical and nontechnical support and network administration in support of microcomputer equipment and related networks; confer with and provide assistance to District computer users as needed; provide training to District staff; and perform other related work as required. SUPERVISION RECEIVED AND EXERCISED Receive supervision from the MIS Administrator. EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the following: Install, monitor, and maintain network system software including operating systems, data base and data communications control systems, and other utility programs. Assist in establishing standards for the usc of microcomputer systcm resources and maintain an in'v'entory of all hard'v\'are and software, keep up to datc records of all equipment (including warranties) and software. Replace and updatc soft'va.-arc as new versions become available and arc cvaluatcd. Test and evaluate new software and implement District-wide upgrades as necessary. Work with District staff to assess their needs and to develop word processing, spreadsheet, data base, and other application solutions specific to their use. Write program documentation and user procedures and instructions; conduct one-on-one and classroom training in common software applications. assist District staff in implementing new or modified programs and applications. Provide in house consultation and technical assistance to District users in the selection, operation and maintenance of microcomputers; serve as network administrator regarding the on-going management of data and applications on file servers and the optimization of network performance. Maintain all Network directories and resources including user profiles, printers, disk volumes, and e-mail applications. CENTRAL CONTRA COSTA SANITARY DISTRICT Network Coordinator (Continued) EXAMPLES OF ESSENTIAL DUTIES Identify the source of operating problems, including hardware and software aopecto, for microcomputer systems; analyze and assess the nature and degree of the problem and correct or facilitate repair via refer to appropriate service organizations. ;administer preventative maintenancc program for miorocomputcrs and periphcral cquipment. Maintain current knowledge of current and upcoming networking technology and applications, evaluate their application and implement as appropriate at ao applicablc to the District. Maintain, manage, and expand the District's phone systems including PBX, switch management console, and voice mail. Move, change, and add new phone extensions, phone system features, and voice mail boxes. Troubleshoot and resolve phone issues working with system vendors as appropriate. Provide technical and functional supervision to contract consultants as appropriate. Perform related duties as required. MINIMUM QUALIFICATIONS Knowledae of: Microcomputcr hardwarc, Microcomputer operating system software including but not limited to DOS, Windows 3.x, and Windows 95. Application software including but not limited to GroupWise for DOS/Windows, WordPerfect Suite for Windows, Windows 95, and terminal emulation software. file managcment and administration including thc Novell operating systcm and Tokcn Ring networks. Network operating systems including but not limited to Netware 4.11 and Windows NT Server. Operating principles and characteristics of microcomputer hardware, including processor and memory upgrades, disk drives and drive controllers, io drivers, and video technologies. Operating principles and characteristics of Token Ring and Ethernet Networks including Network Interface Cards, Bridges, and Routers. Knowledge of Network Protocols including TCP/IP, IPX/SPX, and NetBEUI/NetBIOS. Knowledge of network and telephone wiring concepts. CENTRAL CONTRA COSTA SANITARY DISTRICT Network Coordinator (Continued) Internet concepts including Web Servers, HTML, FTP, Proxy Servers, Unix, IP Addressing, and DNS. Methods of instructing others in the use of microcomputer equipment and applications. Microcomputer operating system software. Office administrative practices and methods, including record keeping and the operation of standard office equipment. Abilitv to: Intermittently analyze data, identify hardware problems, problem solve software and network-related problems, interpret user needs, and explain a variety of issues to users. Sit at a desk or computer work station for long periods of time on a continuous basis; twist to reach equipment in surrounding work area; perform simple grasping, pushing, pulling, and fine manipulation; use telephone; write or use a keyboard to communicate through written means; and lift or carry weight of 25 pounds or less. Install, maintain, operate, and trouble-shoot microcomputer hardware and software. Learn new software releases and facilitate their implementation. Analyze user problems, evaluate alternatives, and reach sound conclusions. Work independently to prioritize and manage a heavy workload. Proactively identify and address problems and recommend solutions to supervisor as appropriate. Communicate effectively with end users, consultants, vendors, and others encountered in the course of work. Prepare effective user instructions, documentation, and other written materials. Train District staff in the operation of microcomputer applications, including explaining system concepts to non-technical users. Learn voice mail and PBX phone systems; maintain and, under supervision, administer systems. CENTRAL CONTRA COSTA SANITARY DISTRICT Network Coordinator (Continued) Abilitv to: Establish and maintain effective working relationships with those contacted in the course of work. Diplomatically work with a range of user personalities including difficult and irate users. Maintain accurate record of work performed. Exercise sound independent judgement within established guidelines. EXPERIENCE AND EDUCATION Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be: Exoerience: Two years of responsible experience in technical support for microcomputer hardware and software systems in a networked environment. Education: Equivalent to a bachelor's degree from an accredited college or university with major work in computer science or a closely related field. An associate's degree in computer science or a closely related field with considerable experience will be acceptable in lieu of a bachelor's degree. LICENSES AND CERTIFICATES Possession of a valid California Driver's License. Central Contra Costa Sanitary District BOARD OF DIRECTORS ::::'.II.IIIII":~'~IIIII::::~::!:::~: BOARD MErnS~;tember 4, 1997 :;:::;:::::::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;:;:;:;:::::;:;:;:;:;:;:;:;:;:;:::::::;:::::::::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;:::;:::::;:;:::;:;:;:;:;:;:;:;:;:;:;:;:;:::::: Page 1 of 2 NO. 12. HUMAN RESOURCES b. DATE TYPE OF ACTION August 21, 1997 HUMAN RESOURCES SUBJ ECT DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN ACCORDANCE WITH STEP FOUR OF THE GRIEVANCE PROCEDURE SUBMITTED BY Paul Morsen, Deputy General Manager INITIATING DEPT",.V Administrative/Human Resources ~: In accordance with the Memorandum of Understanding (M.O.U.) between the District and the Central Contra Costa Sanitary District Employees' Association, Public Employees' Union, Local No. One, the Board must employ an arbitrator to render a recommendation when grievances are appealed to the Board level. BACKGROUND: The Union is grieving two issues regarding call-back pay. They believe any call prior to the work day should be paid at three (3) hours of overtime regardless if the call ends after the start of the work day. They have also grieved the method of calculating overtime and call-back compensation for the stand-by crew on New Year's Day. The General Manager-Chief Engineer heard this grievance at Step 3 of the Grievance Procedure and has denied the grievance on these two issues. The grievant has appealed the grievance to the Board of Directors. In matters that are appealed to the Board of Directors (Step 4), the M.O.U. reads as follows: "Step Four In the event such differences are not settled and the grievant desires the grievance to be considered further, it shall be presented, in writing, to the Secretary of the District within five (5) days of receipt of the General Manager-Chief Engineer's decision. The Secretary shall calendar the agenda item at the next regularly scheduled Board Meeting in keeping with established guidelines for calendaring an agenda item. The Board shall employ a neutral third party to hear the matter and recommend action to the Board. The District and the Union shall equally share the cost. If the parties cannot agree on a neutral third party, then a list of five (5) neutral individuals shall be requested from the State Conciliation Service and the parties shall use the alternate elimination method to determine who shall conduct the hearing. The Board may adopt, reject, or modify the recommendation of the appointed neutral third party. The decision of the Board is the final action of the District." ~ AM) RECOMMENDED FOR BOARD ACTION H:\PP\GRIEVPRO.PP 9/16/96 ':i::~:::~::::::l:l::::_::::::::t:~:::::::::~::':.:::::::::::::::::::::.._:l:::::::I::::::::::i~:ll.::::::::~:}::::::::.:::::::::::::::::::::IDATE ::ff::::f\.:.:f\:::::::.:/R:.::\.:\...:!i!'J.!\?:.:.:.::::::.:...?:=:.:.:.::::::U:::??:::::::d August 21, 1997 SUBJECT I Page 2 of 2 DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN ACCORDANCE WITH STEP FOUR OF THE GRIEVANCE PROCEDURE RECOMMENDA11ON: Authorize staff to secure the services of an arbitrator in accordance with step four of the grievance procedure in the matter of the appealed grievance of Public Employees' Union, Local One. ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS 1118111:il.llil!l:: BOARD MEET~~~tember 4, 1997 . ...........................................:.:.:.:.:.:.:-:.:-:-:.:.:.;.:.:.:.....:.... Page 1 of 1 NO. 12. HUMAN RESOURCES c. DATE TYPE OF ACTION August 25, 1997 APPROVE AMENDED EMPLOYMENT CONTRACTS SUBJECT AMEND EMPLOYMENT CONTRACTS WITH GENERAL MANAGER-CHIEF ENGINEER AND SECRETARY OF THE DISTRICT SUBMITTED BY Joyce E. Murphy, Secretary of the District INITIATING DEPT/DIV Administrative ISSUE: Board approval is needed to amend the employment contracts with the General Manager-Chief Engineer (GM-CE) and the Secretary of the District (Secretary) to accommodate recent changes in the District benefits plan. BACKGROUND: At the time the current employment contracts with the GM-CE and Secretary were drafted (effective July 1, 1993 and July 1, 1994 respectively), a new provision was added to deal with payment of accumulated vacation, sick leave, and severance pay at the time of termination. This language conflicts with provisions relating to terminal compensation approved in the new Memoranda of Understanding (MOUs) adopted between the District and the bargaining units. It is proposed that the language contained in the contracts with the GM-CE and the Secretary be eliminated and that the terminal compensation provision included in the MOUs with the other bargaining groups be applied to the GM-CE and the Secretary as well. It is also proposed that language in the Secretary's contract relating to benefits be modified. It is proposed that the Secretary receive the same benefits program which the managers receive both in terms of dollar amount and timing. In the past, the Secretary has been independent of the managers who negotiate on a different time schedule to avoid a conflict of interest in representing the Board in dealings with the managers. However, several complications have resulted from having a separate benefits program for the Secretary administered on a different date. Prior to negotiation of the new MOU with the Management Group, the Secretary's Cafeteria Plan (CP) allowance was $500 and the managers received $300 per month for their CPo The District's Cafeteria Plan now requires that all changes be effective January 1. It is proposed that the difference of $200 be automatically eliminated effective January 1, 1998. At that time, the provisions of the new managers' MOU relating to CP will be in effect and the $200 by which the Secretary's CP allowance exceeds the managers' would be transferred to her salary. After January 1, 1998, the Secretary would be fully integrated into the managers' benefits program negotiated effective June 1, 1997 or as may be negotiated in future years. RECOMMENDATION: Amend the current employment contracts with the GM-CE and the Secretary to delete reference to terminal compensation thus applying the terminal compensation program in place for all other District employees to the GM-CE and the Secretary, and fully integrate the Secretary's benefits program into the managers' benefits program. JE ~ Central Contra Costa Sanitary District ~'--,~~ BOARD OF DIRECTORS Page 1 of 8 1111111111111:1:1.1111111111111::1111 BOARD MErnS~;tember 4, 1997 NO. 15. BUDGET & FINANCE a. August 22, 1997 TYPE OF ACTION Budget & Finance DATE SUBJECT AUTHORIZE AMENDMENT TO THE DEFERRED COMPENSATION PlAN AGREEMENT WITH GREAT WESTERN BANK SUBMITTED BY Debbie Ratcliff, Controller INITIATING DEPT.t)lV Administrative/Finance & Accounting !SSYE: Board authorization is needed to amend the Deferred Compensation Plan Agreement with Great Western Bank. BACKGROUND: The District established a Deferred Compensation Plan (Plan) covering all full-time employees in January 1976. The 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 Ufe Insurance Company, ICMA Retirement Corporation, and Great Western Bank. Recently, Great Western Bank entered into an alliance with FundSelect Advisors, Inc. to provide improved participant communications, education and marketing services. FundSelect Advisors, Inc. has been administering public sector retirement and savings plans since 1975. FundSelect in cooperation with Great Western has developed a revised list of 25 investment options (22 mutual funds) for the Deferred Compensation Plan (see Attachment 11). This list is intended to cover all major asset classes (ie.: Fixed Income/Cash, Bonds, Large Cap Stocks, Mid Caps/Small Cap Stocks and International Stocks) and investment objectives. The advantage of this core group of funds is an increased diversity to the investment portfolio. The funds selected have to meet specific criteria. First, all of the mutual funds must have a Morningstar Rating of at least three stars or better. Additionally, each mutual fund must allow daily trading with same day "buys" and "sells." Other factors considered were fund performance relative to risk, asset size, participant interest and name recognition. The Deferred Compensation Committee requested that seven additional mutual funds be added to the core list of 25 investment options. The reason for this request is that the majority of these seven funds are current investment options under the existing agreement with Great Western, and the committee wants to minimize any changes to participants currently invested in these funds. These seven meet the same criteria as the core group recommended by FundSelect. ~ AAf) RECOM\fENDED FOR BOARD ACTION DR INITIATING DEPARTMENTlUlVlSlON UL S :\ADMIN\POS P APER\DEFC OMP. PP 9/16/96 1111.I.ii.i.'IIII.i.II..III!..iiliilll.l1illlllllllii!jllillil DATE August 22, 1997 I Page 2 of 8 SUBJECT AUTHORIZE AMENDMENT TO THE DEFERRED COMPENSATION PLAN AGREEMENT WITH GREAT WESTERN BANK In the future, FundSelect will review all investment options on a periodic basis. New funds may be added quarterly. However, the removal of investment options will take place annually. Because of the routine nature of these revisions and changes, it is recommended that the Board delegate its authority to the Controller as the Chairperson for the Deferred Compensation Committee to approve these types of administrative changes in the future (see Attachment I). Any such changes would be orally presented to the Board. RECOMMENDATION: The Deferred Compensation Ran Committee recommends that the Board approve the amendment (Attachment I, II, and III) to the current Deferred Compensation Plan Agreement with Great Western Bank adding a new list of core funds and allowing future fund changes and administrative matters to be approved by the Controller as Chairperson for the Deferred Compensation Committee. ATTACHMENT I I. AMENDED EXHIBIT A The Administrative Agreement with Great Western Bank and any Exhibit A thereto is hereby amended effective the Day of , 1997 as follows: A. Exhibit A and/or any successor amendment(s) are hereby deleted and replaced in their entirety by this Amended Exhibit A which incorporates by reference those investment options contained on the FundSelect "Core List" attached hereto as Item II or any FundSelect"Extended List", if so applicable, as the Q.O]y investment options available under the deferred compensation plan as of the effective date listed above. B. Employer agrees that FunclSelect~ Advisers, Inc., ("FundSelect~") may unilaterally add new investment options to the plan quarterly and/or replace existing investment options annually or on such other frequency as agreed to in writing by Employer and FundSelect. C. Employer agrees to be bound by the terms of the "Procedures for Removing Investment Options" attached hereto as Item III. D. Employer agrees the effective date for offering the investment options outlined on the FundSelect "Core List" will be the first day of the month at least one month subsequent to the month the Amended Exhibit A is executed. E. Employer agrees to restrict the total investment options of the plan to not exceed those provided on the FundSelect~ "Core List", or the total of such other investment options which Employer and FundSelect- mutually agree to substitute and/or add to those provided on the FundSelect~ "Core List". F. The Controller as Chairperson for the District's Deferred Compensation Committee can approve future changes in the "Core List" and other administrative changes that occur. Employer: Great Western Bank: By: By: Employer #: Date: Date: Page 3 of 8 sa ATTACHMENT II 110 FundSelect@ IICore Listll and IIExtended Listll of 75 Investment Options I Obiective/Stvle I Fund I Camplled from 1-31-91 uta I Asset Class I CateGory CORE OPTIONS 30 .......t F.... necommended "Extended Ust" Fixed Incomll/Cnh X FDIC Insured X FDIC Insured X FDIC Insoml X Great Westam Bank Liquid Savings Great Wastarn Bank - 3 Ye. CD Great Westam Bank - 5 Year CD BlIIlds Inlarmediate Corp High Quality Vanguard Bond Index Total Bond Market X large Cap/Blend Growth & Income Vanguafd Inux 500 X If you wish to add onlV the recommended OExtended tist" identified in green below. check here D EXTENDED LIST ,t Check the boxes below for individual selections. Recommended MorlI.....tar op10% of 3 Yr 30 largeat "Extanded Ust" "SOO Uat" c.taaanr Retun Funda BlIIlds Short T_ Band Corp ~.. Dreyfa Short T_I_ X Short T_ Band IConI 0-111 V...... Short T_ ConIonIte X X II\tarIllIIdIItl Govt Morta.,. .. Fed.1'ItlId GNMA Inltltlltionlll X IIl\erlIlelIIa1e Govt Fra.... US Govt s-ltIes I ' X X X Intermediate Corp Gener.l Bond Fund of Amarlca X X ........... ConI GeMnII F...... Band FGf1na X X Intermadiate Corp Hiah Y"18ld Kampar HilIh Yield A X X ............. Band WorW Band ~ &ro Bond X X LIIq T_ Corp High IJII8IIty II T_ CortIorIte X Large Cap OolIlntlc HvtIrid B.lanced F-.cIen ..1tICed X X Stacb * X u-tIc Hybrtll Balanced v..a-d W.1IIIgtall X X IIomeItIc HvtIrid Balanced Do.... & Cox Balanced X * X Datneatlc Hybrid BaI.nced fidelity ....11 X X X Domastic Hvbrid Asset Allocation Incom. FUlld of America X X X a. Cap V.... Anat A11ocatiot1 Op 0IIeIt A X X - Large Cap V.... EquitY IlIcome ......... EquIty 1_ A X X X Large Cap Valua Equity Income FldelitY Equity Income X X X X L.rga C.p Value Growth & Income Kempar-Drem.n High Return Equity A X X * X - V.... GrowdI& __ FlHIItv Growth &1__ X X X large C.p V.lue Growth & Income W.shington Mutu.lluvestors X X X X * .X Larae Cap V.... GrowdI& .... V.....rd WilIdIOl' II X X v.... GrowdI& __ AmericIlI c:e.rv Income & GrowdI X X Lara. Cep V.... GnIwth AIIlerk:IIl CHtury Eqalty GrowdI X X Larqe C.p Blend Growth & Income Inyastment Comp.ny of Americ. X X X Large CaP BIeIld Growdl & Income PtI1na.. ftnId far Grawdl & 1_ A X X X larae C.P Blend Growth Fldelitv COlltrafund X X X X Large C.p Blend Growth Janus X X * -X. ~rge CaD Blend Growdl fidelity MageIIaa X X Large Cap Blend Growdl T Ro_ Price ... CIri1I GrowdI X X X Larae C.p Growth Growth Growth Fund of Americ. X X X Large C.p Growth Growth Dr tion X X * U ~. Cap Growdl Growth V.ng..rd US GrawtIl X X Large Cap Growth T nclleoIogy Franklill Oytl. Tech I X Larae Cap Growth Socially Conscious Dreyfus Third Century X X Laroe CaD Growth Aaaras.Iye Growth American CantufY-20th Century Ultra X X X see rowne side Page 4 of 8 ATTACHMENT I I. (Continued) I Asset Class I CateGOry ObiectivelStvle Fund ComplIed fr_ 1-31-91 datil EXTENDED LIST (CONTINUEDI Recommended ManlllpfBr up 10% of3 V, 30 l.ergest 'Extlmded list" "SOO lilt" Ftmds Mid Cap Mid Cap Valae GrawdI& __ Fraaldln MutlllIl S...... I X Stacb X Mid Cap Value Growth & 1ac0000e Franklin Mutuel Beacon I X X Mid CaD V.I.. GrowdI& __ Americ:aa CanlUrY V.... X Mid Cap V'" GrowtII SclMlder Val.. X X Mid Cap 8Iend Growth Oppenhe.....' MIin St lac &J),owth A X X Mid Cap Bland Growth NeDberg;r & Berman Partners Trust X X Mid Cap Blend Growth PBHG Growth X X Mid CaD Blend Growth ...... CaDitllI ADDl'ecI8t1ol1 A- X * X MId Cap 8Iend Clfowth V..._ PrlIIlecap X X MId Cap BllIIId Growth fidelity DIvld8tld Growth X X Mid Cap Blend Growth Fronldln California Growth I X MidC_Growth Growth ~ M8fClIIY X X Mid CaD Growth GrowtII T Rowe PrIce MId Call Growth X X MId Cap Growth Clfowdl I'atJIam N_ O~ A X Mid Ceo Growdl Growdl Putn.. Vo_. A X Mill Cap Growth 1- Growth 0 Capital Apprec:1lItIotl A X M1dCallClfowth IAalrwIive Growth s..m Roe CaIItaI II X X Sman Cap Sm8l1 Cap Valoe S....I C-v K8RlII8f-Dreman Small CaD EQIIity A X Stocks SIn..1 Call V.... S.a11 eo-.v F1deHty law-PrIced Stock X X Small Cap Blend Sm8l1 COfllpany DFA US 9-10 Small Company X Small Call V.... SllIaII COlIIIIIllY PBHG EmeraIaa Growth X X Small Cap Gl'owth SllIaII ea.,a1lY Fro..... S_II Cap Clfowth I X X Small Ceo Growth SlIlaII eom.ay ....... OTC ~ Gfowdl A X Small Cap Growth Aggressive Growth Kaufmann X X !ii laternatlonal Intematlonal HyIIrid MtIItI-Aaet GIobII Oppelllleimer Global lac & Growth A StocIcs X World Stock World Stock Janus Worldwide X X X World Stock WorkI Stoc:k T-'etDn World I World S1IIc:k World StDdl N_ P8fIl"IClIve X X WOfhl Stock World Stock T8RlDlelllll Grodl X X SIll8R Valae World Stoc:k Fraaklin ,.... DilcoWfY I X X Foreign Stock Foreign Stock T8RI\IIeton Foreign I X X X FcnIp Stock F.... Stock IvY Internadonal A X X ForeIaa Stock F__ Stock Fo..... P8IsaOl't X X X Foreign Stock Foreign S1IIck EuroPacilic Growth X X X X DiY E..... Mkts DiY E-.... Mkts T...... DeveIopIq Markets I X X *ADDITIONAL FUNDS ADDED TO THE "EXTENDED LIST" AT THE REQUEST OF CCCSD. Emplover Name: EmpIover # Accepted By Employer Date: Accepted By FundSelect@ Date: _~7 Page 5 of 8 ATTACHMENT II (Continued) II. FundSelect -"Core List" and UExtended List" of 75 Investment aotions Participants with balances in discontinued funds (funds not checked above), can continue balances indefinitely. Participants will not be required to sell existing options. Deferrals may continue to discontinued options until March 1, 1998 (the phase-out date), or until any change is made to either deferral amounts or allocations for any options. Future funds that are discontinued after the date of this amendment will also be allowed to continue balances indefinitely. Employer Name: Employer # Accepted by Employer Date: Accepted by FundSelect Date: Page 6 of 8 ATTACHMENT I II III. PROceDURES FOR REMOVING INVESTMENT OPTIONS Employer hereby agrees to adopt the following procedures for removing investment options under the plan for reasons such as non-performance and/or lack of participation. FundSelect will review all investment options on a periodic basis. FundSelect* may add new investment options to the plan quarterly, however, the removal of investment options will take place once annually in accordance with the procedures and approximate time line below: Procedures 1 . FundSelect* will notify the employer: Time Line March 1st . which option(s), if any, will be removed from the list of available options, . reasons why the option(s) is being removed, and . which remaining option(s) is most similar in investment objective/style 2. The employer will notify FundSelect : March 15th . of the default option(s) it chooses in the event participants do not select an option(s) Unless otherwise specified by the employer, all balanccs and deferral allocations which are not changed by participants on or before the removal date will default to the Great Western Bank Liquid Savings Account. 3. FundSelect will notify all affected participants first with a newsletter article and then with a personal letter. These communications will: Newsletter April 10-20 . briefly outline the reasons the option(s) has been removed, . advise participants they must cxchangc cxisting balanccs and reallocate ongoing deferrals to another option, . notify the participant of the date by which this must be accomplished, and the default procedures, if no action is taken by the participant. Personal letter May 1-1 5 At any time prior to the removal date, participants may reallocate their deferral elections and/or exchange balances to other options. This process can be accomplished either via the telephone, (through the IVR or by advising a Service Representative), or through the completion and return of signed forms. Participants will be given every opportunity to get the information necessary to make an informed decision about the available investment options, including the delivery of fund prospectus(es) upon request. Page 7 of 8 Procedures ATTACHMENT I II (Continued) Time Line 4. On the removal date, FundSelect~ will: . automatically cxchan€lc all balanccs and reallocate all ongoing deferrals of those participants who have not elected an option(s) to the default option(s) selected by the employer or, to the Great Western Bank Liquid Savings Account (in the event no default option(s) is selected by the employer). 5. FundSelect will mail written confirmations of all exchanges and ongoing deferral allocation changes initiated by this removal process in accordance with normal processing standards. June 15 (Or next business day) June 18 (Or next business day) Page 8 of 8 ~. Central Contra Costa Sanitary District BOARD OF DIRECTORS 1111111.;:..................::::.:.::1111111111'11' BOARD MEETIS~~tember 4, 1997 Page 1 of 5 NO. 15. BUDGET & FINANCE b. August 21, 1997 TYPE OF ACTION APPROVE INVESTMENT POUCY DATE SUBJECT REVIEW AND APPROVE THE STATEMENT OF INVESTMENT POUCY SUBMITTED BY Debbie Ratcliff, Controller INITIATING DEPTIOIV Administrative/Finance & Accounting ISSUE: The District's investment policy should be reviewed and approved annually by the Board of Directors. BACKGROUND: In 1984, the California legislature amended Government Code Section 53646 to require that the treasurer or chief fascal officer annually render to the legislative body of the local agency a statement of investment policy, and render a monthly report to the chief executive officer and legislative body of the local agency showing the type of investment, institution, date of maturity, amount of deposit, current market value for all securities with a maturity of more than 12 months, rate of interest, and such data as may be required by the local agency. Section 53646 remained in effect only until January 1, 1991, and as of that date was repealed. Although no longer statutorily required, the annual rendering of a statement of investment policy to the governing Board for review and approval as well as a monthly investment report is considered prudent and has been continued. The Board will recall that last year, several changes to the investment policy were recommended to conform to changes in Government Code Section 53646. The California Legislature amended Government Code Section 53646 via Senate Bill 564 to require that as of January 1, 1996: a. The treasurer or chief fiscal officer annually render to the legislative body of the local agency a statement of investment policy. (This practice has been continued since the original repeal of Section 53646 in January, 1991.) b. The treasurer or chief fiscal officer render a quarterly report to the chief executive officer, the internal auditor, and legislative body of the local agency showing the type of investment, issuer, date of maturity, par (or face) value and dollar amount invested, current market value for all securities, and the source of this same valuation, and such data as may be required by the local agency. This report was updated last year to include all new requirements and will continue to be provided monthly until the Board indicates otherwise. RE\EMED AND RECOMMEIIDED R:JR BOARD ACTION ~ INITIATING DEPARTMENTIDlVlSlON S:\ADMIN\POSPAPER\INVESTPL.PP 9/16/96 DATE August 12, 1997 Page 2 of 5 SUBJECT REVIEW AND APPROVE THE STATEMENT OF INVESTMENT POUCY c. The quarterly report should include a statement of compliance of the portfolio with the investment policy. (This compliance statement was added to our monthly report.) d. The quarterly report should state the ability of the local agency to meet its pool's expenditure requirements for the next six months. (Since the District does not pool its investments, the reporting provisions of S8564 regarding pooling does not apply.) The attached Policy and Procedure was updated last year to reflect the new requirements of Government Code Section 53646. There are no recommended changes to the investment policy this year. RECOMMENDATION: Review, suggest any changes if appropriate, and ,approve the District's investment policy. ~ Central Contra Costa Sanitary District Page 3 of 5 NO. SUBJECT INVESTMENT POUCY ESTABUSHED BY The Board of Directors REFERRING TO The investment policy of the Central Contra Costa Sanitary District is embodied in the following eleven sections: I. Statement of Objectives The temporary investment portfolio of the District will be managed to ensure that normal cash needs, as well as scheduled extraordinary cash needs can be met. Therefore, adequate liquidity will be the first priority. Second priority will be the safety of the portfolio ensuring that the investments could be readily converted to cash if needed without causing a material change in the value of the portfolio. Lastly, the portfolio will be invested to attain a market average rate of return, after meeting the first two previously stated objectives. II. Permissible Investments Within the constraints prescribed by the Government Code of the.. State of California for permissible investments, the District's investment portfolio will only be invested in the following instruments: . United States Treasury Bills and Notes, and obligations of government agencies for which the full faith and credit of the United States are pledged. . Bankers Acceptances, drawn on and accepted by a commercial bank, which are eligible for purchase by the Federal Reserve System. . Collateralized Certificates of Deposit issued by a Federal or State chartered bank or a Federal or S~te chartered savings and loan association. . Commercial Paper of prime quality limited to corporations with assets over $500,000,000. . local Agency Investment Fund of the State of California. 8112/97 Page 4 of 5 SUBJECT INVESTMENT POUCY III. Banks and Dealers The District will use the services of the Treasurer's Offic.e of the County of Contra Costa which will transact the District's investment decisions in compliance with the requirements described in this investment policy. The County Treasurer's Office will execute the District's investments through such brokers, dealers, and financial institutions as are approved by the County Treasurer, and through the State Treasurer's Office for investments in the Local Agency Investment Fund. IV. Maturities The maximum maturity for investments of the District is one year. Prior approval of the Board of Directors must be obtained to acquire investments with maturities beyond one year. However, investments in Treasury Notes and the local Agency Investment Fund would not be subject to the one year maximum maturity. V. Diversification To minimize the risk of loss through default, the total amount invested in a single issuer will not be greater than 15 percent of the District's investment portfolio value, except that the 15 percent limitation will not apply to United States Treasury Bills and Notes and investments in the local Agency Investment Fund. VI. Risk Credit and market risks will be minimized through adherence to the list of permissible investments, a limit on maximum maturities, and the limitation on the total investment in a single issuer. VII. Delegation and Authority The District Controller will be responsible for investment transactions which should be made in accordance with this investment policy and within the internal controls described in Section IX. 8/12/97 SUBJECT INVESTMENT POUCY VIII. Prudence Prudent judgment must be exercised by the District Controller responsible for investment transactions undertaken in accordance with this investment policy. IX. Controls The District Controller will establish subsidiary accounting records of each investment which will enable the determination of income earned monthly and through maturity, and the balancing of the principal amounts to a control account in the general ledger. Internal control procedures will require the countersignature of the Deputy General Manager for all transactions which are initiated by the Controller. The dollar limit of the Deputy General Manager will be $5 million. Investment transactions which exceed $5 million will require the additional approval of the General Manager-Chief Engineer. Such internal controls are to be reviewed by the District's independent auditors annually. X. Reporting The District Controller will annually render a statement of investment policy to the Board of Directors. The Controller will submit a monthly report to the District's General Manager- Chief Engineer, Board of Directors and internal auditor showing the type of investment, issuer, date of maturity, par (or face), dollar amount invested, current market value of all securities, and the source of this same valuation, and a statement of compliance of the portfolio with the investment policy. XI. Performance Evaluation A performance evaluation will be completed by the District's independent auditors every four years, commencing with the 1984-1985 fiscal year, to determine whether the investment objective of achieving a market-average rate of return is being realized. In determining the market-average rate of return, the average return of three month U.S. Treasury Bills will be used. S:\ADMIN\POSPAPER\INVESTMT.POl 8/12/97