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Home My WebLink AboutAGENDA BACKUP 10-02-97 ~. t;entral Contra Costa Sanitary District BOARD OF DIRECTORS ::::::'I":"::::::::.':I:':"II;:;::':'::::;':'::.:~:i:::i:i:I":'::::':::::~ii:::i!i!~:::::i:i:::: BOARD MEEllNG OF 99 :~:~:~::):~:~:~:.I1:::::\::::}:::::.!I::}:::::::::::~~.1i:!I!I:~:~::::::: October 2, 1 7 Page 1 of 4 NO. 3. CONSENT CALENDAR a. DATE TYPE OF ACTION September 24, 1997 ACCEPT GRANTS OF EASEMENTS SUBJ ECT ACCEPT GRANTS OF EASEMENTS FROM THREE PROPERTY OWNERS FOR THE SOUTH ORINDA SEWER IMPROVEMENTS PROJECT, D.P. 4928 SUBMITTED BY Ricardo Hernandez, Engineering Assistant INITIATING DEPT,rnV Engineering/Infrastructure JSSUf: Board approval is required for the District to accept Grants of Easements. BACKGROUND: The subject Grants of Easements are for easements acquired from property owners for the construction of the South Orinda Sewer Improvements Project along Moraga Way, Southwood Drive, and Oakwood Road in Orinda. Attached are maps depicting the subject easements. Appraisals were prepared by a licensed real estate appraiser hired by the District to determine the value of two of the proposed easements (Greene and McDonnell). Compensation for the easement at 27 Oakwood Road was determined by an in-house appraisal based on current appraisal reports for that area. Based on comparable sales of similar land and the impact of the proposed easements on the value of the existing lands, the just compensation amounts for the permanent sanitary sewer easements and temporary construction easements have been paid to the following owners: John J. and Patricia S. Greene, Trustees Daniel J. and Mary Louise McDonnell Frederick A. and Carole R. Johnson 10 Tara Road 196 Moraga Way 27 Oakwood Road $7,000 $7,800 $1 ,000 The easements for the Greene and McDonnell property were being acquired through eminent domain proceedings. Negotiations have been successful and further legal action to acquire these easements will not be necessary. Provisions for additional payments have been included in the agreement reached with the McDonnells in the event that the activities of the District's Contractor cause actual interference with McDonnell's business. Funds for the purchase of the easements are included in the authorized budget for the South Orinda Sewer Improvements Project, D.P. 4928. A Notice of Exemption from the California Environmental Quality Act (CECA) was filed with the Contra Costa County Clerk on November 8, 1996. RECOMMENDATION: Accept Grants of Easements from John J. and Patricia S. Greene, Trustees, Daniel J. and Mary Louise McDonnell, and Frederick A. and Carole R. Johnson, and authorize staff to record said Grants of Easements with the Contra Costa County Recorder. ~ Fti "~r fI/f m GENERAL MANAGER/CHIEF ENGINEER 1JJ;3 ~~ TJP JSM RAB J. DOLAN ID-GL\H :\INFRA \PP\MORAGA6.RH ./ ------ / . E~H~."" .' CENTRAL CQNT RIGHT ARY DISTRICT SEWER Page 2 of 4 ------------- -~ ROAD C 0' " " .., CL ~ N I / / . / ~ .,.../-:.......-;....../ /';::::::// //':~// ''', ./"" ~./ -~_/; ::-~// ~ - -:--~::~/ -- :..--- 'i -- 0 '" c. en .., " "' , ro N O. .., ~~ ~~ 80 , FEET " ;; DRAWN BY: ;;, DRS "" ::: SCALE: ::> , 1"=80' - CHECKED BY: EAC DATE: 2-23-97 THOMAS BRO.: 71A5 CO. ASSMT. NO,: 268-233-003 JOB NO.: 4571 PARCEL NO,: 47 c 0> U C, C., U u. E~H'J; . .. CENTRAL cqNt .".-. RIGHT Page 3 of 4 .$\': . ~RY DISTRICT SEWER /~~ 't.-Q ~ ~ '\ G.y \\ ~)- // / // ...... \ / \ // \ / 10'V \ '~ \ '.. \~ ().Co / \-J / / / / / / / / / / / / / \ / \ / \ // \ / ~ \ /// ~ \ /'/'/' 1'n \ /' /' /' /' <J... <::> ~ \ //' ~' ' .-< \ ///'/' ~L9<:j ~ \ /,,,/ 00'" ~ \ // <o~ ~ \\ /'/'/'/' \----------~// \ \ \ \ \ @ CENTERLINE SEWER ALIGNMENT McDONNELL TRUST 273-140-011 ~---------- ~. 160 \ ~~//~ ~/" ~~ . '" N '" .., '" f 0 Q / BO .../-'---/ / FEET DRAWN BY: DRS SCALE: 1"=80' CHECKED BY: RH DATE: 3-7-97 THOMAS BRO.: 73A1 CO. ASSMT. NO.: 273-140-011 JOB NO.: 4928 PARCEL NO.: 22 c '" " N "' U ;f . r:: "' " 00 ," '" " ~ '" c 0 ~ I DRAWN BY: DRS SCALE: 1"=40' " " "" " ' " " " " " ' "- ..... "-... ....., " ' "- " " "- " ' '- '- " '- " ' ...... ...... ........... ~ '-,- '- / / 40 FEET JOHNSON II 311 O.R.638 296-010-027 @ "- C\J OAKWOOD ROAD 80 I CHECKED BY: EAC DATE: 4-23-97 THOMAS BRO.: 71A7 CO. ASSMT. NO.: 296-010-027 Page 4 of 4 JOB NO.: 4571 PARCEL NO.: 52 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS '1'llllllllllllll:I.IIJII:1I11 BOARD MEETIO~~ober 2, 1997 Page 1 of 3 NO. 3. CONSENT CALENDAR b. DATE TYPE OF ACTION September 19, 1997 APPROVE AND EXECUTE AGREEMENT SUBJECT APPROVE AND EXECUTE THE CONSENT TO ASSIGNMENT AND ASSUMPTION OF INTEREST IN LEASE AGREEMENT RELATED TO THE LEASE OF DISTRICT PROPERTY AT THE WILLOWS SHOPPING CENTER SUBMITTED BY Dennis Hall, Associate Engineer INIT1A TING DEPT IDlV Engineering Department/Infrastructure Division ISSUE: The District has been requested to execute the subject Agreement by Willows Concord Venture, L.P., the current property owner, and by Willows Center Concord, L.L.C., the purchaser. BACKGROUND: On January 20, 1983, this District leased property to Willows Concord Venture for additional parking at the Willows Shopping Center, which is identified as "parking area" on the attached map. The property leased is a 2Q-foot-wide strip of land in which the District's main trunk sewer (A-line) is located. The parking area is a necessary part of the rights associated with the shopping center and should be assigned to the new purchaser. All provisions of the original lease will remain unchanged. The District has had no problems associated with the subject lease and the annual lease fee has always been paid in a timely manner. The current annual lease amount is $3,985.73. According to the terms of the lease, this amount will be adjusted in February 1998. RECOMMENDAnON: Approve and execute the Consent to Assignment and Assumption of Interest in Lease Agreement with Willows Concord Venture, L.P. (Assignor) and Willows Center Concord, L.L.C. (Assignee), and authorize the President of the District Board of Directors to execute the document. ~ AM) RECOMMENDED FOR BOARD ACTION INIT1ATING DEPARTMENTIDlVlSlON JSM ( rrf) f1 f'ij-/ RAB GENERAL MANAGER/CHIEF ENGINEER flJf5/5l ~ J. DOlAN ~. DH ;YIJ/ H:\PP\WILLOWS.WG 9/16/96 --0.. - a:: .... ~ en cd ~ C1.)~ .... od ~~ tlO 0 ... 0 ~ Z o z:s u.. II) < ...:I r;Q ~ .. 0 cd ...:I~ ...:I 0 ~ .. C\I III ~ ~O ..... 0 ~ '" , . II) r;Q~ ~Z~ 0 .. c:l en ... E-4 .... . () ~~ ~ ~~8 () fJ'J. () =Oz =8 E-4fJ'J. ..(ulldmoo no p.I'Upu'Uts <( w a:: <( 'C) z-,...... -u.. ~(J) a:: <(0 0..0 o o C\I \..J LEASED PARKING AREA WILLOWS SHOPPING CENTER CONSENT TO ASSIGNMENT AND ASSUMPTION OF INTEREST IN I~EASE The undersigned, CENTRAL CONTRA COSTA SANITARY DISTRICT (the "District"), as Lessor under the District Lease, does hereby consent to the foregoing Assignment of the District Lease to Assignee, provided however, that notwithstanding this Assignment and the undersigned's consent to this Assignment, Assignor shall remain primarily obligated as Lessor under the District Lease prior to the Conveyance Date. The District does further hereby represent and certifY to Assignor and Assignee that (i) the lease is in full force and effect and has not been terminated, amended, modified or superceded, and (ii) there is no event of default by Lessor or Lessee under the District Lease nor any event which with notice, the passage oftim.e, or both, could become an event of default by Lessee thereunder. CENTRAL CONTRA COSTA SANITARY DISTRICT By: Its: ~. Central Contra Costa Sanitary District BOARD OF DIRECTORS lil::llllIlIlllliiilllll:il:iil:::::' BOARD MEE1l0~~ober 2, 1997 :;:;:;:;:;:;:;:;:;:;:;:;:::;:;:;:;:;:;:::::::;:::::::;::::::::::::::::::::::::::::::::::::::::::::::::::~~::::::::::::~:::::::::::::~~::::~t.!:::~::::::::::::~:~:::::::::;:; Page 1 of 3 NO. 3. CONSENT CALENDAR c. September 22, 1997 TYPE OF ACTION AUTHORIZE EASEMENT AGREEMENT DATE SUBJECT AUTHORIZE EXECUTION OF A GRANT OF EASEMENT FROM CONTRA COSTA COUNTY FOR PROPERTY RIGHTS IN THE FORMER SOUTHERN PACIFIC RAILROAD RIGHT OF WAY, PARCEL NO. 10 (HOOKSTON STATION), DISTRICT PROJECT NO. 4224 SUBMITTED BY Curtis W. Swanson, Principal Engineer INITIATING DEPTtOlV Engineering Department/Infrastructure Division ISSUE: Board of Directors' approval is required for execution of grants of easement. BACKGROUND: The Board of Directors approved the purchase of property rights and the execution and recording of the applicable grants of easements in the former Southern Pacific Railroad right of way on December 5, 1985, and October 2, 1986. The Easement Purchase Agreement with Contra Costa County (County) upgraded the property rights for the District's existing interceptor sewer and trunk sewer serving the San Ramon Valley, plus acquired easements for construction of future interceptors and trunk sewers. The Walnut Creek bypass sewer and San Ramon Valley interceptor sewer were subsequently constructed in easements purchased under this Agreement. The Easement Purchase Agreement acquired easement rights along approximately 19 miles of the former Southern Pacific Railroad right of way. The easements were acquired in parcels designated as Parcel No.8 through Parcel No. 66. Acquisition of easements through Parcel No. 10, also known as the southern half of Hookston Station in Pleasant Hill (see attached map), has been delayed for two reasons. First, a reversionary clause in the original deed to Southern Pacific Railroad required County to acquire fee title to Parcel No. 10 from the successors and heirs of the original owners. When Southern Pacific Railroad acquired the railroad right of way in 1891, the deeds granted by certain property owners contained reversionary clauses that stated if the right of way was no longer used for railroad purposes, the property would revert back to the original owners. When Southern Pacific Railroad ceased railroad operations and decided to sell the right of way in the early 1980's, Parcel No. 10 reverted back to the successors and heirs of the original 1891 owners. The County eventually acquired fee title ownership of Parcel No. 10 in 1990. Second, after the County acquired the property, an inspection revealed surface and subsurface soil contamination, resulting in lengthy litigation over responsibility for cleanup of the property. The District was named as a party in the soil contamination litigation. RIf:VE1IIB) AND RECOMMEMJED FOR BOARD ACT10N II>>! J#? H:\PP\SPGRNTS.CWS 9/16/96 !iil!lllilllilllll:.li.II::III!!!II_I~!!!::!!!::i::I!:':i, DATE September 25, 1997 ::::~::::::::::::::::::::::::::::::::::::::::~:~:~:::::::~:::::::::::::~:::::::::::::~:::~:~::::::::::::::::::::;:::::::::::~:~:~:~:~:::::::::::::~::::::::::::::::::::;:::::::;:::::::~~::::::~~:~:~ Page 2 of 3 SUBJECT AUTHORIZE EXECUTION OF A GRANT OF EASEMENT FROM CONTRA COSTA COUNTY FOR PROPERTY RIGHTS IN THE FORMER SOUTHERN PACIFIC RAILROAD RIGHT OF WAY, PARCEL NO. 10 (HOOKSTON STATION), DISTRICT PROJECT NO. 4224 The parties, including the District, have reached a settlement agreement to the soil contamination litigation. As part of the settlement, the District is to obtain easement rights for existing and future sewers as intended by the original purchase agreement executed in 1985. The terms of the original agreement call for payment to the County of $100,000 for a 29- to 34-foot wide easement along the entire length of the Hookston Station property (Parcel 10). Funds for the $100,000 payment are included in a current capital project. No additional authorization of funds is necessary. As part of the Grant of Easement, the District will also acquire a 10-foot wide easement on Hookston Station for an existing sewer main that connects into the existing interceptor sewer. This Grant of Easement was addressed in the Southern Pacific Transportation Company Railroad Right-of- Way Acquisition Negative Declaration approved by the District Board on December 5, 1985. RECOMMENDATION: Adopt a resolution authorizing the President of the District's Board of Directors and the Secretary of the District to execute the Grant of Easement and staff to record the Grant of Easement. ~ ~Q /-.... ~9 CI) c: '" "'0 s;i o ... N N ... /' ... N N ... /' '" ~ "0 v /' j P.O.C. Central Contra Costa Sanitary District 5 t2 ,.... 0> S!! d.. ... '" ~ EASEMENT "A" HOOKSTON RD _._._._._~ t-.W7-.---.-s.a.a.~9~1'.L R/ 161.39' (1) 29.15' N88.49'31"W ~ N , EASEMENT THRU HOOKSTON STATION, PLEASANT HILL DP 4224, PARCEL 10 240 I ATTACHMENT A ^.____.__,____..,._,_______._____.__.____~_,__.'_..__,..___ ....__._.,__."__._~_,_.__~,,~,., ,___._,_._"~,__,~_,_..._"_.._....__,__._.._.~._. _..__.____ .____._____~____ n I I I I I I I I I P.O.B. EASEMENT "B" lLJ fil ...6 I ":-.r l/") - sf ;:;)~ " &, o Q:: I Z I !-v ~ I g> .~ COUNTY 85 I ~.(Of:y 15172 ~ I ~ ~ I J\lS.J;;---', ~ I 1/,<' IJ: I O'~ I R '" 4 _ 500' I L. ;; 777030, I 52 7 00" .. 2/' I I + I I I I I I I I I L1---_ l/") ()) cO "'l <0 ~@ - 0 g ~ <I-? <> S8!:77'20"[ o ;;;' <. <> '<, -- l/") 0 -1-:<> S'o oS N ((j ~ '0.9 .1,/' o .po\ "<6,00" Z l' ~\ <I <> ~\ < ~ 7s. ~ ~ /7.6.;> 5'0.17,S, o.95'Q Lu ~6 ::---.r O' ON .'<t " 0 '<t((j NO Z II A" 10.11' o 120 ~--- FEET MAYHEW WAY ~ BOARD OF DIRECTORS 1111111I11I1I1!!!I!!I.1111111111111111 BOARD MErnO~~ober 2, 1997 :;:::::::::::::::::;:::::::;:::;:;:::;:;:;:;:;:::::::::::::::::::::::::;:;:::;:;:;:;:;:;:;:;:;:;:;:;:::;:::::~:::::::::::::~:::::::::::::::::::~:::~:::::::::::::::~:::::::::~:::: Central Contra Costa Sanitary District Page 1 of 2 NO. 3. CONSENT CALENDAR d. September 17, 1997 TYPE OF ACTION ACCEPT ANNEXATION FOR PROCESSING DATE SUBJECT AUTHORIZATION FOR P.A. 97-10 (ORINDA) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT~V Engineering Department/Infrastructure Division Parcel No. Area Owner/Address Parcel No. & Acreage George Milliken 33 Camino Del Diablo Orinda, CA 94563 264-101-007 (0.27 Ac.) Remarks Lead Agency 97-10 Orinda (69C4) Existing house with a failing septic system; must connect to the public sewer system. Project is exempt from CEOA. CCCSD RECOMMENDATION: Authorize P.A. 97-10 to be included in a future formal annexation. ~ AND RECOMMEMJED FOR BOARD ACTION v /1# (Iff? GEN7h;;EM:. .. HIEF ENGINEER fiftY r0~ ~_J.DoI~ INITIATING DEPARTMENT~V1S10N DH JSM RAB H:\PP\ANX97-10.DH 8/6/96 't4L Pf"'K . PROPOSED ANNEXATION P.A. 97-10 _AR ~- Central Contra Costa Sanitary District BOARD OF DIRECTORS II!IIIIIIIIIII::..IIIII!III!I:::I!:I BOARD MEEnO~~ober 2, 1997 Page 1 of 10 NO. 3. CONSENT CALENDAR e. September 17, 1997 TYPE OF ACTION COMPLETE ANNEXATION DATE SUBJECT ORDER COMPLETION OF DISTRICT ANNEXATION 136; PARCELS 1, 2, 3, 4, 6, AND 10 SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT",.V Engineering Department/Infrastructure Division ~: A resolution by the District's Board of Directors must be adopted to finalize District Annexation 136, Parcels 1, 2, 3, 4, 6, and 10. BACKGROUND: The District made application to the Local Agency Formation Commission (LAFCO) for the annexation of ten parcels of land designated as District Annexation 136. LAFCO has considered this request and has recommended that Parcels 1, 2, 3, 4, 6, and 10, as shown on the attachments, be processed as submitted. No public hearing is required, and the annexation of these parcels can be completed. A Notice of Exemption addressing the proposed annexations was prepared by LAFCO pursuant to California Environmental Quality Act (CEQA) and was used by LAFCO in making its determinations and approving this annexation. District staff has reviewed said Notice of Exemption and concurs with its findings. This Notice of Exemption is included as Exhibit A in the separately bound document referenced in the position paper for the public hearing on District Annexation 136, Parcels 5, 7, 8, and 9, covered later in this meeting's agenda. In accordance with District CECA Guidelines, Section 7.17 (f), the Board must review and consider the Notice of Exemption before approving the annexation. RECOMMENDATION: Adopt a resolution concurring with and adopting the Notice of Exemption of LAFCO, certifying that the Board has reviewed and considered the Notice of Exemption, ordering the filing of Notice of Determination as a Responsible Agency stating that the District considered the Notice of Exemption as prepared by LAFCO as required, and ordering the completion of District Annexation No. 136, Parcels 1, 2, 3,4, 6, and 10. ~ AND RECOIoWEMJED FOR BOARD AC710N J"I /l1J! rNG INITIATING DEPARTMENTIDIVISlON JSM RAB H:\PP\CMPAN136.DH 9/16/96 C.C.C.S.D. ANNEXATON NO. 136 :f \,~'~r<\--' ,( ,;.,\ )\. f,./ \ ",,' ..... . .,'! \ '. < I \ '.: ,..--' .-..' ,- ),'.',.\,.. I '~c""':':"", z~ I / reek .........::.:..... '-, y ---..:::....... '. . ~ ;- . . ~ ..... . : --' ~ , '-. ; . '" : . .........' \. " ~. \ \.j .--......./ ,.{'; . ,..-.- . . ~ oS .~-,.... \,.\~~_~;.=-::c_;:;;/r ) ': lOr '. -s:: I -3.t' : ~ ~ r ..' t .... C.C.C.S.I:J. ANNEXATuN NO. 136 if ,::J ;' \..,<.. " . '.- \ " , \ " " '!r,/"(.f;r- ~;,....,...i, j .. ~ \ , '<{... \. " t,./':.>...... ....\ \. -". -'f --, f 'ol , \ \ \ i \ \' . "--'--. ~ ~f '-/ . r( \'- '-. ./ " -, .". .~. :......... .. ," J i .,,/ ...- C.C.C.S.D. ANNEXATUN NO. 136 .~ .......:. - ~ "" . / /r' .., '- . \ \ ( ~f ~t \ ", "\:spring "" -', \ ~ "-.. . E ugene"'-. -, , \ ,_... I" " " , " " " , ' ... '- " -, CASTLEGATE DEV~ INC. .. #94-"34 N 5O.W 717.r .ci'~.>>w ~ ~= PREVIOUS ANNEXATION t::=:=:=;::::=:::::::= = EXISTING CCCSD BOUNDARY PROPOSED ANNEXATION = SIGNED PETITION * DISTRICT ANNEXATION 136 PARCEL 1 --= ft ~~ Sf R~____ ~ ~ o. @ = PREVIOUS ANNEXATION :........:...:.:.:.:.:.:. = EXISTING CCCSD BOUNDARY ~:= = PROPOSED ANNEXATION * = SIGNED PETITION r DISTRICT ANNEXATION 136 PARCEL 2 - o~ $0- NORTHRIDGE RD - - - - - @ 'a. tAU\R OAKS 10 tA 243 ~ \:!9 LOT 16 -- LOT 15 - ~ '5!J ~ ~ = PREVIOUS ANNEXATION :::::::::::::::::::::::~ = EXISTING CCCSD BOUNDARY =.=. = PROPOSED ANNEXATION * = SIGNED PETITION DISTRICT ANNEXATION 136 PARCEL 3 ~ 1""""'1 0' SO' 100' ~ \:!9 ~ \!9 @ '89 J.L. HALD 7530 O.R. 724 PARCEL ONE ~ '\:EJ 10 M 243 ~ ~ ~ ~ = PREVIOUS ANNEXATION :.:.:.:.:.:.:.:.".:.>; = EXISTING CCCSD BOUNDARY == = PROPOSED ANNEXATION * = SIGNED PETITION DISTRICT ANNEXATION 136 PARCEL 4 F-- - - ,., -,..- 0' .... 200' ..r..._ ""..:'6'.... .,..... ctS~ \$'>~ ~~~ .s-....~ . ~9 ~ ~.1'd .~ @ = PREVIOUS ANNEXATION .tt~:~:~~~~~~~i~~~: :: EXISTING CCCSO BOUNDARY - - = PROPOSED ANNEXA TlON * = SIGNED PETITION DISTRICT ANNEXATION 136 PARCEL 6 ~ ~ SUB 6699 2.. M 41 C.C.C.S.D. ~.J"',...--1 .. tlO' !Cl @ = PREVIOUS ANNEXATION ::~gM::~:~s~: = EXISTING CCCSD BOUNDARY .-.;;,;~ = PROPOSED ANNEXATION * = SIGNED PETITION DISTRICT ANNEXATION 136 PARCEL 10 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS !!.I!IIIIIIII:~:::I.II.:llllll,:! BOARD MEETIO~~ober 2, 1997 Page 1 of 2 NO. 3. CONSENT CALENDAR f. September 17, 1997 TYPE OF ACTION ACCEPT CONTRACT WORK DATE SUBJECT ACCEPT THE CONTRACT WORK FOR THE ROSSMOOR SEWER IMPROVEMENTS PROJECT, PHASE 3, DISTRICT PROJECT NO. 5196, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION SUBMITTED BY INITIATING DEPT tOIV Thomas A. Trice, Senior Engineering Assistant Engineering Department/Infrastructure Division ~: Construction has been completed on the Rossmoor Sewer Improvements Project, Phase 3 (DP 5196), in Walnut Creek, and the work is now ready for acceptance. BACKGROUND: The Rossmoor Sewer Improvements Project, Phase 3 (DP 5196), was implemented under the terms of an agreement between Rossmoor and the District. This agreement provides for the District constructing new manholes and repairing the existing sewer system in phases prior to taking over ownership, operation, and maintenance of the sewer mains. The work is being financed by a portion of the capital improvement fees paid by the Rossmoor developer (UDC Homes) and a portion of the sewer service charges paid by the homeowners of Rossmoor. Phase 3 of the project consisted of installing 104 manholes and 13 rodding inlets on the existing sewer mains, replacing approximately 1,200 lineal feet of deficient sewer pipe, and making six spot repairs. Approximately 10,000 lineal feet of sewer mains were also cleaned and television inspected as part of this project. This project is described in more detail on pages CS-63 through CS-66 of the 1997 - 98 Capital Improvement Budget. On April 17, 1997, the Board authorized the award of a contract for construction of the project to J. Flores Construction Company, Inc. of Oakland. Notice to Proceed was issued on May 19, 1997. The contract work was substantially completed on September 12, 1997. The remaining work consists of minor punch list items which do not affect the project acceptance. The total authorized budget for the Phase 3 project, including the cost of engineering design, District forces, testing services, contractor services, etc. is $692,000. An accounting of the project costs will be provided to the Board at the time of project close out. It is appropriate to accept the contract work at this time. RECOMMENDAnON: Accept the contract work for the construction of the Rossmoor Sewer Improvements Project, Phase 3 (DP 5196), in Walnut Creek, and authorize the filing of the Notice of Completion. AI\f) RECOMVEMJED FOR BOARD ACT10N /14 GENERAL MANAGERlCHIEF ENGINEER INITIATING DEPARTMENTIDIVISlON JSM H:\PP\ACPT5196.TAT ""! o o ~ '" ;;:; ... ~ '" ;;:; ... .0 o ... .. .. (5 u ... .. > ~ o ... ;; o PROJECT AREA Central Contra Costa Sanitary District XI a: .&:I XI'" o.E o o 0. / / o , 3000 6000 , FEET ATTACHMENT <D '" cD o ..... en !Z! Q.. ~ t:! ROSSMOOR SEWER PROJECT PHASE 3 1 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 1 ::!I.IIIIII~II:III'llllill:11 BOARD MEETOGc~ober 2, 1997 NO. 3. CONSENT CALENDAR g. DATE TYPE OF ACTION September 25, 1997 CONSIDER EMERGENCY WITHDRAWAL SUBJ ECT CONSIDER A REQUEST FOR EMERGENCY WITHDRAWAL OF FUNDS FROM THE DEFERRED COMPENSATION PLAN SUBMITTED BY Debbie Ratcliff, Controller INITIATING DEPTIDIV Administrative/Finance & Accounting ISSUE: Authorization by the Board of Directors is required for emergency withdrawal of funds from the Deferred Compensation Plan. BACKGROUND: Marilee Davi, Utility Worker, has requested an emergency withdrawal from the Deferred Compensation Plan based on extreme financial hardship caused by a sudden and unexpected illness. The Deferred Compensation Plan Advisory Committee has reviewed the request and determined that it meets the requirements for emergency withdrawal in the amount of $3,000, after taxes. RECOMMENDATION: Approve the request by Marilee Davi for an emergency withdrawal of $3,000, after taxes, from the Deferred Compensation Plan, as recommended by the Deferred Compensation Plan Advisory Committee. O/L REVIEWED AND RECOMMENDED FOR BOARD ACTION f~ GENERAL MANAGER/CHIEF ENGINEER INITIATING DEPARTMENTIDIVlSION DR PM 1(/f!3 A\t- RO~ER J. DOLAN 5 :\ADMIN\POSP APER\EMER-WD .MD 9/16/96 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS ............................................................................................ it....e:::;...::"'I::...:.:...::......;;;;....;;;;......i@:iie.....;::...t.@iSm.....:::::...::itt@i:BOARDMEETIONGOFb 2 997 ::::::::::ttB::::::::>::::::::::::::!:::::::.!I:i:iii::)fiiRIi::!I:)}:;::;:I::I:: eto er , 1 Page 1 of 9 NO. 4. HEARINGS a. September 24, 1997 TYPE OF ACTION HOLD PUBLIC HEARING, DA 136, PARCELS 5, 7, 8, AND 9 DATE SUBJECT HOLD PUBLIC HEARING ON INHABITED DISTRICT ANNEXATION 136, PARCELS 5, 7, 8, AND 9, AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION AND CONSIDER THE NOTICE OF EXEMPTION BY THE LOCAL AGENCY FORMATION COMMISSION SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT IDIV Engineering Department/Infrastructure Division ISSUE: The Local Agency Formation Commission (LAFCO) has amended the boundaries of four of the parcels included within District Annexation 136. The District must hold a public hearing and consider testimony by affected property owners before acting on the proposed amended annexation. BACKGROUND: The above-referenced annexation consisting of ten separate parcels was sent to LAFCO, as required for the formal annexation process. LAFCO amended the boundaries of four of the parcels during its approval process. Each of these four parcels will be considered to be separate annexations for the purposes of this position paper. These amendments were made to improve the continuity of the resulting District boundary. The subject annexation as originally submitted was determined by LAFCO to be an inhabited annexation (12 or more registered voters). The criteria for determining the validity of protests for inhabited annexations appears later in this position paper. Amended District Annexation 136, Parcels 5, 7, 8, and 9 are shown on the attached maps. The exhibits mentioned in this position paper are included in a separately bound document. CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS A Notice of Exemption addressing the proposed annexations was prepared by LAFCO pursuant to the California Environmental Quality Act (CEOA) and was used by LAFCO in making its determinations and approving this annexation. In accordance with District CEOA Guidelines, Section 7 .17(f), the Board must review and consider the environmental effects of the project, as shown in the Notice of Exemption, which is shown in Exhibit A, before approving the annexation. District staff has reviewed said Notice of Exemption and concurs with LAFCO's findings. ANNEXATION REQUIREMENTS District Annexation 136, as submitted to LAFCO was a single annexation consisting of ten separate parcels. The action by LAFCO separated four of these parcels into the subject inhabited annexation (12 or more registered voters) and added several properties (as shown in the following table). A public hearing is required due to the addition of several properties. IlIfVEWED AND RECOMMENDED FOR BOARD ACT10N RAB GENERAl MANAGERlCHIEF ENGINEER P!1B /r:-L ROGER J. DOLAN INITIATING DEPARTMENTIDIVlSlON c&~ DH !IN JSM ~(L, YW H:\PP\HRGAN136.DH 9/16/96 _._---_..__.__._----_._._..,-_._-_.".-.__._'--'~"._------_._---".._.__..~"-- -.. ----~_.....__.------,_.~---_._-------~--_._----_._"-_...~--"._~-----_._--_._- iiiliilillliiiiiillli.II.II:illlliiillb,dl:i!!!!!!!!!!I!!!!!!: DATE September 24,1997 ~~~~~;~;;;;;;;;;mt:i~;t::::::::::;;~;;::::;::l:::?\)\:::~~:::::::::::~~i::::;;;::::::;;;;;mb::;;1t::::;~t::::;:djj;jib:::::::::::::~jj::::?j;j~jjj;j;j;jrj Page 2 of 9 I SUBJECT HOLD PUBLIC HEARING ON INHABITED DISTRICT ANNEXATION 136, PARCELS 5, 7, 8, AND 9, AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION AND CONSIDER THE NOTICE OF EXEMPTION BY THE LOCAL AGENCY FORMATION COMMISSION Original Number of DA 136 Properties Petitioned for Number of Properties Added by Parcel No. Annexation or Receiving LAFCO Sewer Service 5 13 4 7 4 3 8 2 1 9 13 1 Legal notice was published, and the affected property owners were notified of the public hearing as required by law. To date, District staff has not received any written or oral protests to this proposed annexation. Factors to be considered by the Board in deciding to approve or disapprove the proposed annexation are set forth as Exhibit B. Following its review, the Board, not more than thirty (30) days after the conclusion of the public hearing, shall adopt a resolution reflecting the appropriate action taken. 1 . Certify that the Board has reviewed and considered the Notice of Exemption and concurs with the adoption of the Notice of Exemption of LAFCO; and 2. Order the annexation if no written protests are filed; or 3. Order the annexation subject to confirmation by election by the registered voters residing within the territory proposed to be annexed if written protests have been filed and not withdrawn by either of the following: a. At least 25 percent but less than 50 percent of the registered voters residing within the affected territory, or b. At least 25 percent of the number of owners of land who also own at least 25 percent of the assessed value of land within the affected territory. If it is determined that an election is required, the Board may terminate the proceedings and avoid the cost of an election ($200:f:special mailing election by County Election Department; or H:\PP\HRGAN136.DH 9/16/96 ..~"-_._--,.__.._..._-_.._-',,_.._._.",--,~_.__.'_--'--~~."~..-_..,--~,_...,."-~_._-----,"._",-----,-,~,--~_.-"--"-~.._"'-,_. .---.-"....----.-.- --".. _._._......._"~,...',..- ol:lllllolll:IIIIII.IIIIIII!::III~:~I:lllllolllol:1111ioll DATE September 24, 1997 I Page 3 of 9 lM5JECT HOLD PUBLIC HEARING ON INHABITED DISTRICT ANNEXATION 136, PARCELS 5, 7, 8, AND 9, AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION AND CONSIDER THE NOTICE OF EXEMPTION BY THE LOCAL AGENCY FORMA TION COMMISSION 4. Order the annexation without an election if written protests have been filed and not withdrawn by less than 25 percent of the registered voters or less than 25 percent of the number of owners of land owning less than 25 percent of the assessed value of land within the affected territory; or 5. Disapprove the annexation if the Board finds the annexation is improper based upon any of the factors set forth in Exhibit B; or 6. Disapprove and abandon the proposed annexation if the Board finds that written protests have been filed and not withdrawn prior to the conclusion of the public hearing representing 50 percent or more of the voters residing within the territory proposed to be annexed. RECOMMENDAll0N: Open the public hearing on the annexation, receive any testimony, and close the public hearing(s). 1 . Adopt a Resolution certifying that the Board has reviewed the Notice of Exemption, ordering the filing of a Notice of Determination as a responsible agency stating that the Board considered the Notice of Exemption, concurring with the adoption of the Notice of Exemption of LAFCO, and taking one of the following actions: a. Order the annexations if no written protests are filed. b. Order the annexation subject to confirmation by election by the registered voters residing within any of the four separate parcels (5, 7, 8, or 9), as appropriate, if written protests have been filed and not withdrawn by at least 25 percent but less than 50 percent of the registered voters or at least 25 percent of the land owners owning at least 25 percent of the assessed value of the land within the affected territory. c. Order the annexation without an election if written protests have been filed and not withdrawn by less than 25 percent of the registered voters or less than 25 percent of the number of owners of land owning less than 25 percent of the assessed value of land within the affected territory. d. Disapprove the proposed annexation if the Board determines that the annexation is not warranted. H:\PP\HRGAN136.DH 9/16/96 C.C.C.S.D. ANNEXATuN NO. 136 1 \ /O'...~...~."' \ ft ll~ [ ,....~._.. YJ ~"""'~~'~ \;'.\.~.. \ ,J~ _")" > '44'" t \ ,. .-- t:~_ ;, J.'.,\.': . . v'~.,~ , :.:::....... '; ~ !.. :~~:. ." " ~ "" ;. ~.,\ , .... ". ~.'.' ~~ "' ~ ~ : ~ ".~:..,.I. \ '" . -.-... ~. \..J, ~ .--::': .~, ~~'=~--:d . '. ,~v...... c: ) . } L. . I 0 - " -C ( ...3c:' : ( I t..J ,,\ ; ~ (' ..,-,-~_._--~._,_._'---_..,.__._.._~_._~..,_._.-._._._-'-~-"-'-"'-'-"-'-"'-"'-"--'-"---------'~'--"'--' C.C.C.S.D. ANNEXAT0N NO. 136 -- '. .......-: , '. ,--...i ~ f'\ . ) ."'3.' V-oJ ~ '1' -..r""',....J'.,.'- , / '\ -' ~.i "<(....... ....... r-j '\ \ \ \ \' -"-. {, 1/ ...-........-A f' \ ; '\ \.... ! /-;' ............-.. " .,J . C.C.C.S.D. ANNEXAT<.JN NO. 136 ......- "" . '. '" ,/ / " .. . \. \ (. \, , '\:spring -' '.'" . . ". ~~ , "" .~.~.~ . ... . , . '-- , E uqene"- Q ~ a1 < - > 1 % < a: C) 2 3 22 VIA DON JOS ~ 1171 ALAMO ~ 1976 ~ = PREVIOUS ANNEXATION '5l :::;:::;:::::;:::::::;:;: = EXISTING CCCSD BOUNDARY ~:~. = PROPOSED ANNEXATION * = SIGNED PETITION DISTRICT ANNEXATION 136 PARCEL 5 ~ H5r~ - LAS . TRAMPAS ROAD ~ '7' W @ 4( 3 Z "2 ~ <:) 6 5 4( ;:) 4 ...J ., ...J N$?IIJ't; @ 2 114.45 '12 S II- ~7 ) z" elM '7' ~~ %~ .:.- 1@ :z: u ELAINE 1 '7' ,,11ft 14 * S\)~. II) 4( CULLEN ~ 10 ~@ 0 ~ 2 '82 ~ a: '78 @ 13 ~ 0 '85 ... 11 ~ ~ '::EJ ADDED BY LAFCO ~~ '00- @ = PREVIOUS ANNEXA lION .... = EXISTING CCCSD BOUNDARY -- = PROPOSED ANNEXATION * = SIGNED PETITION DISTRICT ANNEXATION 136 PARCEL 7 & 8 I ... ~ . 'i- ~ * cr\ ~ :l ~ ~ ~ ~ ~ ~ 9 10 * * -Ie 6 ./ '- DANVILLE BLVD "' ~ ... ~o SUB. , DANIEL DRIVE aJ\ ~ 4497 w ::::>> z w ~ * * ~ -it * 5 4 3 2 JONES. WALNUT ACRES @, .,"V ... ." 11 * ~ = PREVIOUS ANNEXA nON ~ = EXISTING CCCSD BOUNDARY '!Zoo:: = PROPOSED ANNEXATION * = SIGNED PETITION GARY WAY .----------- - I N4().4,8'W 2ZO:!: 35 M 14 $ ,,0 " ... ~~. ~ O. ~ (I. afo ~ fo~ "- ... \\l 13- CAM'LL 12 ~ ~/ ~ * o)C of( 690~ '4/"/5/"" \ \ I DISTRICT ANNEXATION 136 PARCEL 9 ~. Central Contra Costa Sanitary District BOARD OF DIRECTORS :::::..CS'.'I""..'I::::::."A"'.'ii;'i5l::::::::::: BOARD MEETlO~~ober 2, 1997 t~If~~.S;'~~~~'~~~~::::i.~~lr~1!lli~.fii~jEllrmmm~ Page 1 of 3 NO. 8. TREATMENT PLANT a. DATE TYPE OF ACTION September 17, 1997 AUTHORIZE SUBSTITUTION OF SUBCONTRACTOR SUBJ ECT AUTHORIZE THE SUBSTITUTION OF SOLANO COUNTY ROOFING COMPANY, A NEW SUBCONTRACTOR, FOR ENTERPRISE ROOFING SERVICE, INCORPORATED, THE LISTED SUBCONTRACTOR, FOR THE ROOFING WORK ON THE PRIMARY BUILDING REMODEL PROJECT (DP 6095) SUBMITTED BY David J. Reindl, Associate Engineer INITIATING DEPT ,oIV Plant Operations/Maintenance Engineering ISSUE: The Primary Building Remodel Project general contractor, N. E. Carlson Construction, Incorporated, has requested substitution of a subcontractor listed on its bid and contract. Board of Directors' authorization is required for this substitution. BACKGROUND: N. E. Carlson Construction, Inc., listed Enterprise Roofing Service, Incorporated, as the subcontractor for the roofing work on its bid proposal to the District for the Primary Building Remodel Project (DP 6095). Enterprise claims that the Scope of Work offered is not consistent with its original proposal, and Enterprise has refused to execute the subcontractor agreement offered by N. E. Carlson Construction, Inc. Under these circumstances, N. E. Carlson Construction, Inc., now seeks Board approval to use Solano County Roofing Company to perform the work. Under California Public Contract Code, Section 4107, substitution of a listed subcontractor is permitted only in certain situations, including where the subcontractor has failed or refused to sign a subcontract agreement. Enterprise Roofing has notified the District through a notarized letter to request removal as a listed subcontractor for N. E. Carlson Construction, Inc. During a subsequent telephone conversation initiated by District staff, the owner of Enterprise Roofing indicated that there would be no objections to the subcontractor substitution request. Based upon the statements made, District staff believe that the contractor's request will be unopposed. The awarding authority must consent to the subcontractor substitution to effect the change. In the present instance, staff is not aware of any reason not to approve the change. This substitution will not result in any additional cost to the District, and it is unclear at this time if this change will result in any delays to the completion of this project. RECOMMENDATION: Authorize the substitution of Solano County Roofing Company, a new contractor, for Enterprise Roofing Service, Incorporated, the listed subcontractor, for the work on the Primary Building Remodel Project No. 6095. I,NITlA EPA71TME" IVlSlON . I 1>/ i~ DJR GENERAL MANAGER! HIEF ENGINEER I~ /1 1'-1 0 5:\8105\ 1997\6095\ROOF.PPR . N.E. Carlson Construction, Inc. September 15, 1997 CCCSD 5019 ImhoffPla.ce Martinez, CA District Project # 6095 Attn: Sam Grossman re: Named roofing subcontractor substitution for Primary Ops. Remodel Dear Sam, Please accept this request to substitute Solano County Roofmg Co. in lieu of Enterprise Roofmg which we listed on our original bid. Enterprise Roofmg is agreeable with this change per the attached letter. Your assistance in submitting this request for approval at the next Board of Director's meeting is appreciated <:. /:.tt ~ Teny G. Kotouc Project Manager 150 Middlefield Court, Space F · Brentwood, California 94513 · (510) 516-0253 · FAX (510) 516-0255 ~Pk~e CRoObitl9 geftVlCe, 9tlc. PO BOX 27368 . CONCORD, CA 94527 . PHONE (510) 689-8100 . FAX (510) 825-5027 CALIFORNIA CONTRACTOR'S LICENSE 221274 . NEVADA CONTRACTOR'S LICENSE 12052 UT AH CONTRACTOR'S LICENSE 34244 September 15, 1997 Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 RE: N. E. Carlson Construction Contract Primary Operations Building Martinez, CA Gentlemen: Please allow this letter to serve as our request that the name of ENTERPRISE ROOFING SERVICE, INC. be removed from the subcontractor's list. We do not wish to perform this work. Very truly yours, ENTERPRI SE ROOFING SERVICE, INC. L., /. ~--tck~ Lawrence T. Reardon President LTR/ ldw COMMERCIAL INDUSTRIAL INSTITUTIONAL . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Contra Costa On 9/15/97 DATE before me, Laura D. Walls, notary public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Lawrence T. Reardon NAME(S) OF SIGNER(S) ~ personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. '" -l~ J. ~ ..... - ~...:. ..... ..:.- ~ ~ .-. ~ .... ..... .....f -'. lAURA D. WAllS ! . '. :, COMM. # t024S58 i ! : -t :1 .' '~+Cll'V Public -- Colifomio ~ '" ,:)tANO cour,JTf " .' My Comeh. Expires AIJe: 5. 1998 WITNESS my han (I "'----- .' OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL [!] CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT President TITLE OR TYPE OF DOCUMENT TITLE(S) D PARTNER(S) tJ LIMITED D GENERAL D ATTORNEY-iN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ENTERPRTSE ROOFTNG SERVTCE, TNC. SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 2 ... ... .. ........ ..................... t:d.~',ml.C5~"?:SIlIIFl1 BOARD MEETING OF ~j?mj~.tI::::~j~~;!:i\\;::::~.~~I;~~;;b;f~~r::~r~~::::::::~~~~~r::;;;;;;;;;~~::::\:~;:;~: ..... Octo ber 2, 1 997 NO. 11. BUDGET AND FINANCE a DATE TYPE OF ACTION September 24, 1997 APPROVE CONTRACT SUBJ ECT APPROVE NEW DEFERRED COMPENSATION CONTRACT WITH HARTFORD LIFE INSURANCE COMPANY SUBMITTED BY Debbie Ratcliff, Controller INITIATING DEPTIDIV Administrative/Finance and Accounting ISSUE: Board approval is required to adopt the new Deferred Compensation contract with Hartford Life Insurance Company. 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 which is comprised of District employees representing each department. The current contract with Hartford is for an indefinite period with a provision for cancellation. Hartford has approached the Committee to consider a new contract called the DC Plus which has many expanded features. The Committee has worked for an extended period of time negotiating amended contract terms which would benefit plan participants. After much discussion, Hartford agreed to the following amendments to the new contract: . Prior years of participation under the current contract will be counted in determining any Contingent Deferred Sales Charges (CDSC). . All current funds invested in the Stock or Bond accounts will be exempt from future Contingent Deferred Sales Charges under the DC Plus Product. . A grandfather clause would cover all existing participants under the current contract so that any applicable Contingent Deferred Sales Charge would be limited to the original 3 % maximum. A comparison of the main features of the current and the new contract follows: REVEWED AND RECOMIIIfENDED FOR BOARD ACTION DR f~ fOr PM GENERAL MANAGER/CHIEF ENGINEER INITIATING DEPARTMENTIDIVlSION ~d S ;\ADMIN\POSP APER\DCPLUS. PP 9/16/96 iiiiiiiii.iiiiii::.:illllli:m:llliiiiiiimalllllliililll.Ililllllilll DATE September 24, 1997 I Page 2 of 2 SUBJECT APPROVE NEW DEFERRED COMPENSATION CONTRACT WITH HARTFORD LIFE INSURANCE COMPANY .' 1/............. FE:A'tORE I CURRENT/CONTRACT I NEW CONTRACT ! Investment Options 4 >20 Front End Fees 5% - 1% Stock & Bond None (Based on Account Balance) Separate Account Fees 1.10% .75% - .90% Contingent Deferred Sales 3% charge on General *5% to 0% for all Charge account for lump sum, accounts only if transferred partial withdrawal or transfer to another provider In first to Stock & Bond or another 12 years provider. * * None - Stock & Bond Annual Fee $1 O/year for Stock & Bond None Transfer Bonus None 4% if future contributions to Hartford * Past years of service applied to new contract. ** Monies previously contributed to Stock & Bond funds are not subject to CDSC In new contract. The District's benefit counsel has reviewed the new contract and has found it to be reasonable and acceptable. The Committee believes that the DC Plus plan provides enhanced investment options, more flexibility, and lower fees. Therefore, adoption of the new contract is recommended by the Deferred Compensation Plan Advisory Committee. RECOMMENDATION: Approve the new Deferred Compensation contract with Hartford Life Insurance Company and authorize the President of the Board to Sign the contract.