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HomeMy WebLinkAboutAGENDA BACKUP 06-05-86 . Centrt Contra Costa Sanitar ~ District BOARD OF DIRECTORS PAGE 1 OF 6 POSITION PAPER BOARD MEETING OF June 5, 1986 NO. IV. BUDGET AND FINANCE 1 SUBJECT DATE May 30, 1986 TYPE OF ACTION APPROVE THE 1986-1987 OPERATIONS AND MAINTENANCE BUDGET BUDGET APPROVAL SUBMITTED BY INITIATING DEPT./DIV. Walter N. Funasaki, Finance Officer Administrative/Finance & Accounting ISSUE: The 1986-1987 Operations and Maintenance W&M) Budget is submitted for approval by the Board of Directors. BACKGROUND: The 1986-1987 O&M Budget was submitted to the Board of Directors for initial review at the May 29, 1986 Adjourned Board Meeting and is scheduled for approval at the June 5, 1986 Board Meeting. Following the Board's review, staff was directed to make certain changes to two attachments to the Position Paper, and to incorporate new parameters for alternative Sewer Service Charge rates for 1986-1987. The revised Position Paper attachments are resubmitted herew ith. The new Sewer Service Charge rate alternatives will be presented at the June 5, 1986 Board Meeting. The 1986-1987 Personnel and Equi pment budgets were approved by the Board of Directors on May 1, 1986 and May 15, 1986, respectively. Final adoption of the 1986-1987 Equipment, Personnel and O&M Budgets is scheduled on June 19, 1986. A proposed contract for Counsel for the Di strict Services was submitted to the Board of Directors in April. This would retain James L. Hazard and the firm of Sellar, Hazard, Snyder, Kelly & Fitzgerald as Counsel for the period from July 1, 1986, through June 30, 1988; if the contract is satisfactory, it should also be approved as part of the O&M budget process. ~NDATION: Approve the 1986-1987 Operations and Maintenance Budget and approve the contract for legal services with Sell ar, Hazard, Snyder, Kelly & Fi tzgeral d. 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III ft:I IIlCDO)ft:I+J..-O) t..a:::a.~6 ~6CD..-I::I::I::..-4-:::J1:: a.. (/)"":::J t..O..-Oft:l........O"'Oft:l.... CD "a... o 0 t) t.. I.L. ..Cl ..Cl (/) t.. ..- ~ 0) 0) ~ I:: a.a::: ~ t....Cl~ "001::"~0a.. a. t.. I:: 0 :::J :::J I:: I >. >. CD"" :::J 0)t):X: :::J..-CDOHI-t..CD :X:0...,t....-.... ::c (/)0+Jt) 06> CDOCD(/)...J1Il t.. III I 6 (/) .p I-t ~ a::: t.. +J " (\"\ CD~CDt.. iQ ro I:: 0...ft:l6CD.... a.l::o)OOCD>.CD~ft:I.c: ~:::J:::J..-. ....0....,,1.L.+Jt..t.. ..-lIlmCD..-..-OO a..t)ClO>(/)ClI- a..cCU"locCm(/)z c! III C o .... 1;: ~ ~ c ft:I ,.. D. o U"l o .. ...... oq- (\"\ r-l CO .. o N m N U"l .. (\"\ ...... (\"\ o o o .. oq- ...... ...... o CO .. U"l N U"l o o o .. oq- ...... moq-U"lOCO mU"lr-lNC:O r-l~"ltr-l(\"\ .. " " .. .. ......(\"\,....r-lm \0 "ltmNN moq-N ...... .,.. .. r-l .,.. ~ <P N .... ,.. ~ ,.. ~ ~ +a I ft:I Cl. ! +a 8, " ~ "0:;' "CDm ft:I N CD....~ .c: ..- t..ft:I III CD ~ <Pill>....,... 0) ~ 0 a.co ft:I.... ft:I 0\ .4-CDO..... CD > I ~I::....~~ CD~"lt III CO ft:Io;t <P t............ .... CD +J ~CDIIlIll~ ft:I >..... +J <P ,..OI:::::JlL ft:I..-....o Cl)a.6CDft:I 6"0)~ ILLlcCt..~ ft:IC 1Il"O".c:O ,..CD<PO(,) ft:I N N .... ........ 0) ,.. o..-..-I::i ~ ft:I ft:I.... ~~+J +a........I::~ o a. a..... .... ft:I ft:I t.. ~(,)oa.. t; .... Q ... Cl. ft:I (,) III C o .... 1i: ~ 8- ~ C ft:I ,.. D. CONTRACT FOR LEGAL SERVICES BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT AND SELLAR, HAZARD, SNyDER; KELLY & FITZGERALD BY THIS AGREE~NT, made and entered into this 5-11) day of June, 1986, by and between the CENTRAL CONTRA COSTA SANITARY DISTRICT, a political subdivision of the State of California, hereinafter referred to as the "District", and JA~S L. HAZARD, hereinafter referred to as "Counsel for the District", and the firm of SELLAR, HAZARD, SNYDER, KELLY & FITZGERALD, hereinafter collectively referred to as "Counsel for the District," mutually agree as follows: ARTICLE I: SCOPE OF SERVICES Counsel for the District shall perform legal services and legal representation on behalf of the District as directed by the Board of the District. Counsel for the District shall work in a cooperative role with the District's Management Team through the General Manager-Chief Engi neer. It is anticipated that Counsel for the District will attend the meetings of the Board of Directors, Board Agenda meetings, Risk Management meetings, and the various other District meetings, as needed. He will provide the Board and its Management Team with legal advice, including but not limited to evaluation of litigation handled by outside counsel, legal administrative matters, the "Brown Act" and general "special di strict" 1 aw. It is anticipated that the firm, on a case-by-case basis, will continue to handle outside litigation for the District, as set forth in a separate contract between the firm and the District. Additionally, it is anticipated that on a periodic basis, additional contract work on special projects such as the Code Revision will be contracted for on a separate basis. ARTICLE II. COMPENSATION 1. Counsel for the District will provide legal services at the hourly rates set forth below for the fiscal year 1986-87 and 1987-88, not to exceed the amount authorized by the Board of Di rectors for District Counsel at the time of the adoption of the budgets for the fiscal years 1986-87 and 1987-88. Counsel for the Di strict will provide, on a monthly basis, documentation of actual hours worked by each member of the firm, together with a designation of the subject matter. -1- 2. The hourly rates for the fiscal year 1986-87 shall be: James L. Hazard, District Counsel - $90.00. Associate District Counsel, Kenton L. Alm, or Partners of the firm _ $80.00. Staff District Counselor Associate Attorneys of the firm - $70.00. Paralegal or Law Clerk Services - $35.00. 3. The hourly rates for the fiscal year 1987-88 shall be: James L. Hazard, District Counsel - $100.00. Associate District Counsel, Kenton L. Alm, or Partners of the firm - $87.00. Staff District Counselor Associate Attorneys for the firm - $75.00. . . Paralegal or Law Clerk Services - $35.00. 4. The firm's billings contain an administrative charge reflecting the annual costs of postage, telephone, and duplicating services. This charge, together with the charges set forth above, will not exceed the amount authorized by the Board of Directors for the fiscal years 1986-87 and 1987-88, as set by the Board of Di rectors in thei r annual budget. 5. Medical/Dental. Additionally, the District will provide to JAMES L. HAZARD, District Counsel, the same dental benefits as provided to all District employees, pursuant to the Memorandum of Understanding dated May 1, 1985, through April 30, 1988. Additionally, the District will provide District Counsel JAMES L. HAZARD medical benefits with the District's Kaiser Health Plan at no cost, or if he should so choose, the coverage provided by the District's Plan with Prudenti al Insurance; however, he must pay the difference in cost between the 01 strict's Kai ser Pl an and the Di strict's Prudentul Pl an. ARTICLE III: TERM OF THE AGREEMENT The term of this Agreement shall be from July 1, 1986, through June 30, 1988 or unless terminated sooner. It is anticipated that this contract may be extended on an annual basis with the mutual consent of each party thereafter, and accordingly, this contract will be reviewed by each party in March of 1988. -2- ARTICLE IV: CONFIDENTIAL RELATIONSHIP All dealings of the parties under this Agreement shall be confident1 a1 and no report, data, information, or communication developed, prepared, or assembled by Counsel for the District under this Agreement shall be revealed, disseminated, or made available by Counsel for the District to any person or organization other than the District without the prior knowledge and concurrence of the District. ARTICLE V: EXEMPT EMPLOYEE STATUS Pursuant to Chapter 2.61.020, Counsel for the Di strict shall act as attorney for the District in all matters affecting the af18i rs and administration of the District, except in those matters where special counsel are from time to time amp10yed for specific responsibilities. The Di strict will not be requi red to pay for Counsel for the Di strict's Workmen's Compensation benefits. ARTICLE VI: ASSIGNMENT AND LAW S Counsel for the District shall not subcontract any of the work or assign any of its rights or obligations without the prior written consent of the District. This Agreement shall be governed by the laws of the State of California. ARTICLE VII: NOTICES All notices or other offici al correspondence rel ating to contractual matters between the parties. hereto shall be made by deposit1 ng same first-class, postage-paid mail' addressed as follows: To Counsel for the District: JAMES L. HAZARD SELLAR, HAZARD, SNYDER, KELLY & FITZGERALD 1111 Civic Drive, Suite 300 P.O. Box 3510 Walnut Creek, California 94598 To District: BOARD OF DIRECTORS c/o ROGER DOLAN General Manager-Chief Engineer CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 Imhoff Place Martinez, California 94553 -3- or to such other address as either party may designate hereinafter in writing delivered to the other party. ARTICLE VIII: RECORDS Counsel for the District shall at all times keep a complete and thorough record of the time expended in performing services on behal f of the District as herein agreed upon and Counsel for the District shall al so make available to the District for audit all of such records so maintained. ARTICLE IX: CONFLICTS OF INTEREST Counsel for the District promises and agrees that Counsel for the District and members .of his staff shall avoid any actual or potential conflicts of interest. Counsel for the District agrees to immediately notify the Board of Directors and the General Manager-Chief Engineer of any case which may involve an actual or potential conflict of interest. ARTICLE X: I NDE totJ I FI CATION Counsel for the District agrees to indemnify and hold harmless the District, its Directors, Officers, Agents, and Employees, for any expense, loss, or damage, including attorney's fees, to which the District may be subjected arising from any suit or claim, in the event it shall be determined herein that any negligent acts, errors, or omissions of Counsel for the District, its agents, employees, or representatives shall have caused the occurrence or circumstances out of which tne suit or claim arose and shall defend the District in any action filed alleging such negligent act, errors, or omissions. The District agrees to indemFl1fy and hold harmless the Counsel for the District, its agents and empioyees, for any expense, loss, or damage, including attorney's fees, to which the Counsel for the District may be subjected ari sing from any suit or c1 aim, in the event it shall be detennined herein that any negligent acts, errors, or omissions of tne District, its Directors, Officers, Agents, and Employees shall have caused the occurrence or circumstances out of which the suit or claim arose and shall defend the Counsel for the District in any action filed alleging such negligent act, errors, or omissions. ARTICLE XI: INSURANCE During the entire term of this Agreement and any extension or modification thereof, Counsel for the District shall keep in effect insurance policies providing coverage for general public liability, including lawyers' professional liability, and worker's compensatlon exposures at limits deemed acceptable by the District. Counsel for the District shall provide Certificates of Insurance evidencing that the above required insurance coverages are in effect. -4- ARTICLE XII: TERMINATION This Agreement may be terminated by either party, at its sole discretlon, upon thirty (30) calendar days prior written notice. ARTICLE XIII: TERMS No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. ARTICLE XIV: ARTICLE HEADINGS Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, and conditions of this Agreement. ARTICLE XV: PARTIAL INVALIDITY If any term, covenant, condition, provision of this Agreement is founa by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby. ARTICLE XVI: SURVIVAL Notwithstanding the District's acceptance of the services or terminatlon thereof and payment therefor-., Counsel for the District shall remain obligated under all clauses of this agreement which expressly or by their nature extend beyond and survive such acceptance, terminatlon and payment. Notwithstanding the Counsel for the District's acceptance of the services or termination thereof and payment therefor, the District shall remain obligated under all clauses of this agreement which expressly or by their nature extend beyond and survive such acceptance, terminatlon and payment. -5- ARTICLE XVII: SIGNATURES. These signatures attest the parties' agreement hereto. ::~RA~A SANITARY DISTRICT Its President of the Board of Directors Attest: JOYCE E. McMILLAN, Secretary of the District By: /JoCL t 'rh cff.}uiLk . By: j COUNSEL SELLAR, HAZARD, By: Partner -6- . Centra_ ':ontra Costa Sanitar) .Jistrict BOARD OF DIRECTORS PAGE 1 OF 3 POSITION PAPER BOARD MEETING OF June 5, 1986 NO. v. HEARING 1 SUBJECT CONDUCT PUBLIC HEARINGS FOR ESTABLISHING THE 1986-1987 SEWER SERVICE CHARGE RATES AND FOR THEIR COLLECTION, AS WELL AS THE COLLECTION OF DELINQUENT SEWER CHARGES, ON THE COUNTY TAX ROLL DATE May 27, 1986 TYPE OF ACTION CONDUCT PUBLIC HEARING S SUBMITTED BY INITIATING DEPT./DIV. Walter N. Funasaki, Finance Officer Administrative/Finance & Accounting ISSUE: The District Codes and State law require holding Public Hearings for establ ishing the 1986-1987 Sewer Service Charge rates, and on the matter of placing current and delinquent charges on the County tax roll for collection. BACKGROUND: Notice of the June 5, 1986 Public Hearings to consider changes to the current schedule of Sewer Service Charges, collection of the 1986-1987 Sewer Service Charges on the County tax roll, and to receive and consi der protests to having delinquent sewer charges collected on the 1986-1987 tax roll was duly given. It is recommended that three separate hearings be held to consider the matters described. Hearing to consider establishing the 1986-1987 Sewer Service Charge: Upon review of the 1986-1987 Operations and Maintenance Budget and consideration of appropriate levels of reserves, the Board is required to consi der changes to the schedul e of Sewer Service Charges on an annual basis. Hearing to consider collection of 1986-1987 Sewer Service Charges on the County tax roll: The law requires that a Public Hearing be held each year before the Sewer Service Charge can be placed on the tax roll. The Sewer Service Charge has been collected on the County tax roll since inception of the charge in 1976. Collection on the tax roll provides the most econanical and effective means for the District to collect the major portion of the 100,000 or so accounts. Effective 1982-1983, Contra Costa County began assessing a fee for collecting the Sewer Service Charge on the tax roll. The annual fee of approximately $61,000 is still more econanical than the alternative of billing by the District. Hearing to consider collection of delinquent sewer service charges: The District bills certain property owners directly. During the 1985-1986 fiscal year, two owners were del inquent in paying service charges which were billed directly. Information regarding the delinquent REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. F ENG. 130211.9/85 SUBJECT CONDUCT PUBLIC HEARINGS FOR ESTABLISHING THE 1986-1987 SEWER SERVICE CHARGE RATES AND FOR THEIR COLLECTION, AS WELL AS THE COLLECTION OF DELINQUENT SEWER CHARGES, ON THE COUNTY TAX ROLL POSITION PAPER PAGE 2 OF 3 DATE Mav 27, 1986 accounts is contained on the attached report. It is proposed that the delinquent charges be collected on the 1986-1987 County tax roll, unl ess there are val id protests. The del inquent property owners were notified of the June 5, 1986 Public Hearing by certified mail. RECOMMENDATION: Conduct three separate Public Hearings and upon their respective conclusions, adopt resolutions for the following actions: 1. Establish a 1986-1987 Sewer Service Charge rate schedule. 2. Authorize the collection of the 1986-1987 Sewer Service Charge on the County tax roll. 3. Consi der protests and, if appropri ate, adopt the attached report pursuant to Section 5473, Health and Safety Code, for collection of delinquent service charges on the County tax roll. --------- 13026-9/85 t- a> ~ +oJ I) 0 ('t'\ III ...- C .q- U"l 10 ::J I) 0 0 ~ +JO::J '" \0 OEO ('t'\ U"l 0\ I-cC r-l r-l r-l .... .... I ~ 0\ r-l -0 C +J 10 C~ I) +oJ d!) ::J >. III 0 ('t'\ 0" +J I) .q- 0\ 0'1 c...-t- 0 0 r-l .,..../UI) N CO I ...-C+oJ r-l ('t'\ m I) I) C .... .... ea..1-! 0\ r-l -0 I) 0 .,.... 0 +oJ 0 > en C C I) 0 \0 1-1- .,.... I) 0 0 . UZ ::J C 0 " 1-18 >. 0"10 .q- r-l 6~ c...- N r-l ...- .,..../U r-l .... III ...-al .... ::J Q 0 ~ i~ ..... > t> t- l:;5 0.. ~ ~~ ~ 0 ~ d!) ...- 0'1 0\ 1-1 0'1 +oJ 10 t- r-l r-l ~~ r-I C 0 10 I I I) III I) U"l m CI)~ >. E .,....>- co 8~ /U >. l.L 0'1 0'1 :E 10 r-l r-l ~~ 0.. C !~ .,.... u!z +oJ C >. el I) t- ::J t- O".. I) \0 I)", C >. III .0 N >N zt-t .,....+oJ III >. U"l .,.... U"l ~....I ...-t- I) 10 .q- t-.q- I) I) t- :E 0\ 1)00\ ~ -0 0.. -0 -0 .,.... 0 -0 o /U t-/U I) t- ~cC O:::OcC ..o-ocC t- o.. O:::U IUCU 10-0 t- o .....JIU I) +oJ 1Il.c. ... t- ... III I) c: t- t- +J I) /U /U I) t-~ dl) :E ..... ...- -00...- E...- C:/U...- I).,.... 0 ~ (J).,.... .,........, ..... C...- t- > .....J > ~ t- a.. . 0'1 c: q-C: t- " /U IIlO/U .,.... :ENe :E('t'\0 >.1) +oJ.c. t-+oJ t> t- o..o ~.... III 0.. III t- r-l C)t> 0 U"l I cE> III 0 q- III 0 0 .,.... 10 I) I 0 ~"5 III . 0 I III 0 0 N ...- cCz r-l " "'-1) I q- o 0 >. ~ I ~..... +oJ ('t'\ > c: r-l 0 I) t- ::J N .c.1) 0 I- III U STATEMENT OF DONALD L. CHRISTEN, EXECUTIVE VICE PRESIDENT OF THE CONTRA COSTA TAXPAYERS ASSOCIATION BEFORE THE CENTRAL CONTRA COSTA SANITARY DISTRICT BOARD OF. DIRECTORS JUNE 5, 1986 The Contra Co~ta Taxpayers Association has had an opportunity to ~nalyze the 1986-87 Operations and Maintenance Budget which you are considering this evening. The 1986-87 0 & M Budget projects expenses of $19,259,000. The budget also projects a 1986-87 year-end reserve of $9,148,000 or 48 percent of the 1986-87 0 & M expense Budget of $19,259,000. Revenue is based on continuation of the Sewer Service Charge at the existing charge-rate of $124 annually. The Contra Costa Taxpayers Association believes that the real question before your Board is the amount of reduction in the Sewer Service Charge for 1986-87. We understand that you are moving towards self-insuring the District and that you need to increase your reserves. We recom- mend that you transfer $1 million from your projected $9,148,000 y~ar-end reserve to your self-insurance fund. We also recommend that the District operate on a very generous reserve of 10 percent of your proposed 0 & M Budget, or $1,926,000 in 1986-87. The remaining 1986-87 year-end reserve of $6,222,000 should be returned to your taxpayers. This cnuld result in a reduction in the pro- jected District Sewer Service Charge Rate of $124 for 1986-87 by $52 to $72 for 1986-87. 4:00 p.m. Today, June 5, 1986 Barbara Zivica called. Ms. Zivica suggested that the Board of Directors consider setting up a $1 million self insurance program. In addition, she suggested that a limit be placed on the reserve holdings. Ms. Zivica recommended that the sewer service charge be reduced $10 a year for the next five years and that a lid of no more than 10% be placed on the reserve holdings. This year that lid would be $1.9 million. . Centrl... Contra Costa Sanitar~ ~istrict BOARD OF DIRECTORS PAGE 1 OF 7 POSITION PAPER BOARD MEETING OF June 5, 1986 NO. v. HEARINGS 2 SUBJECT HOLD A PUBLIC HEARING ()J DISTRICT ANNEXATION 92 AS AMENDED BY THE LOCAL PGENCY FORMATION COMMISSION (LAFC) DATE MAY 30, 1986 TYPE OF ACTION HOLD HEARING: D.A.92 SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT./DIV. Engineering Dept./Construction Div. ISSUE: The LAFC has amended the boundaries of several of the parcels included within the above-referenced District Annexation. The District must hold the subject hearing and consi der testimony by affected property C7ti ners before acti ng on the proposed amended annexations. BACKGROUND: The above-referenced annexation was sent to LAFC as requi red for the formal annexati on process. LAFC amended the boundari es of several of the parcel s during its approval process. These amendments were made to improve the continuity of the resulting District boundary. The amended annexations are designated as D.A. 92-B thru 92-I. Maps are attached shC7tiing the amended annexations. Legal noti ce was published, and the affected property C7tiners were noti f ied of thi s hearing as required bylaw. A Negative Declaration has been prepared by LAFC for all of these amended annexations. District staff has reviewed said Negative Declaration and concurs with its findings. Possible actions the Board of Directors may take include: 1. Order the annexation of those parcels where no protests are filed. 2. Postpone action on those parcels where protests are filed until June 19, 1986 so that staff can analyze the validity of the protests. RECOMMENDATION: (1) Open hearing, receive any testimony, close public hearing. (2) Adopt Resolutions concurring with the Negative Declaration and ordering annexation of all parcels as amended which have no protests. (3) Take appropriate action as outlined above for any protested annexation. REVIEWED AND RECOMMENDED FOR BOARD ACTION o{ INITIATING DEPT./DIV. 130211.9/85 DH JSM (JJ o c .... x /3 /I @ 's' /04 P.M. /5 "'7 .::::J I P}/) 19 ~ '" II) co C\I .D A ~ ~ I\) ~ CI) ~ ~ ~ AVE. 7 /2 > ~ c( ~ ., '* c( ... ;~ "t Z { J'd ~JJJ/ cJ./l w .....11) ...... a: ~ ~~ ... w -. II') (JJ 5/ lyJ 4Z ~ ~ c( ~II) ... II') ..J "t'" II') ..... '- "t DISTRICT ANNEXATION 92 Pa rce 1 2 LAFC 92-B ~ \ \ \ \ \ \ \ \ EL \ RIO \ RANCHO \ \ M 48 \ . \ 2 \ \ ~ ~ AllIIEXA T10M Q . PREVIOUS ---AIIV ~ CCCSD__ . EXISTlllG '~EXAT1OH - PllOl'OlEO ~" -- . PETIT'OM * .- DISTRICT ANNEXATION 92 Parcel 3 LAFC 92-C -/// /-/ a. P/IV73IDOH616Hr~,O,(t. 84 85 @72 1983 7J SUBD.. LOT )f R.J.JJVCJ-JO ~.L ./lJCJ DISTRICT ANNEXATION 92 Parcel 4 LAFC 92-0 '8' 18 COTTLE 4012 o.R. 312 @ 1971 RD. DISTRICT ANNEXATION 92 Parce 1 5 LAFC 92-E ADoef) BY LAP C J ~ ~ HILDEBRANT 10312 O.R. 328 HERRIER 2112 QR. 78 PRESZLER 5941 O.R. 181 51/6 n06 flO.?M"9) - ~. > - -- ~ ~ ~ ~ DISTRICT ANNEXATION q2 Parcels 6.7.& 8 ~ LAFC 92-F & G J ~ :s: ~ )... .... ..... ~ ~ ~ @ 1972 ~ ~ OAt< ~ ~ ~ ~ ,~ , ~,~ it :~ '!y~J;VYj.LLE G~lRDEJVS 3J JJ;J 25 DISTRICT ANNEXATION 92 Parcels 9 & 10 LAFC 92- H & I . Centr~ Contra Costa Sanitar) District BOARD OF DIRECTORS PAGE 1 OF 3 POSITION PAPER BOARD MEETING OF June 5, 1986 NO. VI. BIDS AND AWARDS 1 SUBJECT AUTHORIZE f4WARD OF CONSTRUCTION CONTRACT TO MJM CONSTRUCTION CO., CONCORD, CA., FOR V IA ROBLE PUMP STATION, LAFAYETTE, AND AUTHORIZE $60,700 FROM THE SEWER CONSTRUCTION FUND FOR DISTRICT PROJ ECT NO. 4014. DATE May 28, 1986 TYPE OF ACTION AWARD CONTRACT, AUTHORIZE FUNDS SUllMITTED .Ely ::steve McDonal d, Senior Engineer II;:l,lTIATING DEfT./DIIL tng1neer ng uepartment Engineering Division ISSUE: On May 27, 1986, sealed proposals for the Via Roble Pump Station, Lafayette, District Project No. 4014, were received and opened. The Board of Directors must either award a contract or reject bids within 60 calendar days of the opening of proposals. BACKGROUND: The District has had a long term problem with sewage overflowing in the backyard of 1064 Via Roble, Lafayette, California, a single family residence. In 1968, sew.er system modifications were made to reroute all upstream flow downstream of the residence side sewer connection, thereby hoping to alleviate the overflow problem. The mod1f1cat1on proved inadequate as attested by long time residents (Warren and M1chaele Brackett) who continue to cite periodic overflows fran the overflow device into their backyard. The continuing overflows have been attributed to a very flat sewer system gradient, system deterioration, and grease build-up. Despite District cleaning and repair efforts to keep the line fran overflowing, the problem has continued to the point where the Brackett's have threatened legal action. The staff has recently studied the situation and has given written assurance to the Brackett's that a solution to this situation would be forthcoming. The study showed that an individual pump system would be the most cost-effective solution to the problem. Plans and Specifications for an individual pump system project were completed and advertisements were placed May 13 and 21, 1986. Three bids, ranging fran $42,850.00 to $49,533.90, were received and are presented in Attachment 1. The Engineer's estimate for construction is $39,500. After a thorough evaluation of the bids, the Engineering Department has determined that MGM Construction Company of Concord, CA, who submitted a bid of $42,850.00, is the lowest responsible b1 dder. A "Post-B1d/Pre-Construct1on Cost Estimate" is presented in Attachment 2. $60,700.00 is required to complete the project which includes a construction contingency of 10% of the bid price and construction incidentals to provide survey control, inspection, and contract administrative and management services. RECOMMENDATION: Authorize award of the construction contract for the Via Roble Pump Station, Lafayette, to MJM Construction Company, the lowest responsible bidder, and authorize $60,700.00 fran the Sewer Construction Fund for District Proj ect No. 4014. REVIEWED AND RECOMMENDED FOR BOARD ACTION 161( 1302A.9/85 H S M DRW INITIATING DEPT./DIV. fJ. // ') , tC<.~ ATTACHMENT 1 Central ~ontra Costa Sanit - ry District SUMMARV OF BIDS PROJECT NO. 4014 VIA ROBLE PUMP STATION District Board Room 5019 Imhoff Place, Martinez. CA 3:00 P.M. DATE 5-27-86 ENGR. EST. $ 39,500 (Revi sed) LOCATION a: ~ BIDDER (Name, telephone 8. address) BID PRICE 1 MGM Construction (411; )685-8817 $ 42,850.00 P.O. Box 5757, Concord, CA 94524 2 Monterey Mechanical, Inc. ( 415 )632-3173 $ 8275 San Leandro St., 46,838.00 Oak 1 ;mrl 94621 - 3 Albay Construction (415 >228-5400 $ P.O. Box 2568, 49,533.90 Martinez, CA q4553 - ( ) $ '---- ( ) $ ...- ( ) $ ( ) $ '-- ( ) $ '---- ( ) $ ____m ( ) $ ( ) $ f-- ( ) $ -- - PREPARED BY DATE 5-27-86 SHEET NO. OF ____ 2503-9 '64 POST BID - PRECONSTRUCTION ESTIMATE OF COSTS FOR DISTRICT SEWERING PROJECT 401 4 VIA ROBLE PUMP STATION 5/28/86 ITEM AMOUNT ITEM DESCRIPTION 10. 1. Construction Contract (As Bid) . 2. Estimated Construction Contingencies (1 ~%~ . $ Total Construction Cost................................$ Estimated Construction Incidentals to Project Completion Survey. . $ 500 Inspection . $ 1 ,300 Engineering . .. .. . $ 2.000 Contract Admin. & Legal 700 Total Estimated Construction Incidentals . $4.500 3. 4. Street Resurfacing or Seal Coat 5. Total Estimate Required to Complete Project 6. Pre Bid Expenditures Survey, Engineering, Printing, Advertising . $ Special Services (pG&E .Se.rvJc~) . . $ Right-of-Way Acquisition .(C.1 ty ~nc.ropcbm~ntJ . $ 25.014 61 7. Total Preconstruction Incidentals (as of 5/20/86 ). . $ 25.075 8. Total Estimated Project Cost (Items 5 & 7) 9. Funds Previously Authorized Total Additional Funds Required to Complete Project. (Item 8 minus Item 9) ATTACHMENT 2 TOTAL 42,850 . $ 4,300 47 , 1 50 $ 4. 500 . $ . $ 51,650 $ 25.075 . $ 76,725 1 6, 1 00 . $ . $ 60,625 say $60,700 % CONST. CONTRACT 100% 10% 110% 53% 163% 2050-8-78 . Centri._ Contra Costa Sanitar) District BOARD OF DIRECTORS PAGE 1 OF POSITION PAPER NO. VI. BIDS AND AWARDS 2 DATE SUBJECT AUll-IORIZE /lWAAD OF CONSTRUCTION CONTRACT TO HAACO CORP.; AUTHORIZE THE GM-CE TO EXEaJTE CONTRACTS WITH VILLALC130S & ASSOC. AND MILLER PIPELINE CORP. FOR PROFESSIONAL SERVICES; AND AUTHORIZE $346,000 FROM ll-IE SEWER CONSTRUCTION FUND FOR CAll-IODIC PROTECTION PHASE 1, DISTRICT PROJ ECT NO. 20029 AUTHORIZE /lWAAD OF CONTRACTS; AUTHORIZE FUNDS Cher 1 Creson, Associate En ineer SUBMITTED BY ISSUE: On May 28, 1986, sealed bids for DP No. 20029 were received and opened. The Board of Directors must award the contract or reject the bids within 60 days of the opening of bids. BACKGROUND: Design of a Cathodic Protection System Phase 1 for the main Treatment Plant and Filter Plant sites was approved by the Board on October 3, 1985. A project description is presented in Attachment No.1. Plans and Specifications for Phase 1 of the project were completed and advertisements inviting the submission of sealed bids were placed May 2 and 16, 1986. Four bids, ranging from $196,190 to $560,000, were received. A summary of bids is shown in Attachment No.2. After a thorough evaluation of the bids, the Engi neeri ng Department has determi ned that Harco Corp., who submitted the bi d of $196,190, is the lowest responsible bidder. The Engineer's Construction Cost Estimate was $203,000. A Post-bid/Pre-construction Cost Estimate is presented in Attachment No.3. A total of $346,000 is required to complete construction of Phase 1, including design, construction, project management, survey, consultant services during the project, and Plant Operations labor. Miller Pipeline Corporation will provide construction services to internally bond the joints of the aeration air pipelines. The pipeline joint bonding requires removal and replacement of special existing joint seals. Miller Pipel ine Corporation was selected to do the work since the seals are proprietary and Miller Pipeline Corporation is licensed to install and remove the seals. A contract has been negotiated with Miller Pipeline Corporation with a cost ceiling of $30,000. Villalobos and Associates, who completed the design, will provide a job site representative as required for specialty services during construction. The specialty services will include inspection, shop drawing review, plan and speci fi cati on cl ar1ficati on, and change order preparati on. A cost reimbursement contract with Villalobos & Associates has been negotiated with a cost ceiling of $28,000. The Cathodi c Protecti on System Phase 1 proj ect is i ncl uded in the Five-Year Capital Improvement Plan. INITIATING DEPT./DIV. ;()/:!L. I DRW ;t~ REVIEWED AND RECOMMENDED FOR BOARD ACTION ej(~ 1302".9/85 CFC SUBJECT AtJ'THORIZE MAAD OF CONSTRUCTION CONTRACT TO HAACO CORP.; AU'THORIZE 'THE GM-CE TO EXEaJTE CONTRACTS WITH VILLALCBOS & ASSOC. AND MILLER PIPELINE CORP. FOR PROFESSIONAL SERVICES; AND AUlHORIZE $346,000 FROM 'THE SEWER CONSTRUCTION FUND FOR CATHODIC PROTECTION A-1ASE 1, DISTRICT PROJ ECT NO. 20029 POSITION PAPER PAGE DATE 2 OF 5 June 2, 1986 RECOMMENDATION: Authorize award of constructi on contract to Harco Corp., the lowest responsi bl e bi dder. Authorize the General Manager-Chi ef Engi neer to execute a contract with Villalobos & Associates and Miller Pipeline Corporation for professi onal serv ices duri ng constructi on and authorize $346,000 fran the Sewer Construction Fund for completion of the Wastewater Treatment Plant Cathodic Protection System - Phase 1, DP No. 20029. --------.. 13028-9/85 Page 3 of 5 ATTAOHENT NO. 1 CATI-lOOIC PROTECTION SYSTEM A-fASE 1 DP 20029 May 9. 1986 Proj act Descri pti on Buried piping at both the Treatment Plant and Filter Plant sites is in corrosive soil. The original design engineers were aware of the corrosive soil conditions and provided for a corrosion protection system. The system was installed during the Stage SA construction; however. post-construction testing indicated significant design and construction deficiencies. As a result of the deficiencies. none of the buried piping at the two sites has a working corrosion protection system. with the exception of the fuel gas piping. Recognizing the importance of providing adequate corrosion protection. the District included a Scope of Work for correction of the corrosion protection system deficiencies as part of the Stage SA Canpletion Project. Metcal f & Eddy Consulting Engineers were selected as the design engineer for the Stage SA Canpletion Project. Villalobos & Associates was included in the Metcalf & Eddy team to perform the corrosion protection evaluation and design. During the Stage SA Canpletion Project. Villalobos & Associates evaluated several alternatives in order to determine the most cost effective approach for correcting the corrosion protection system deficiencies. The recommended approach consisted of a two-phased program. Phase I consi sted of design and constructi on of electrolysis test stations (ETS's).. Phase II included data collection from the ETS's, design of a corrosion protection system using the test data. and installation of the corrosion protection system. The two-phased approach offers the distinct advantage of having actual field test data available at the time the corrosion protection system is designed. This greatly facil itates the design of the most cost effective corrosion protection system for the Pl ant. After review by the District. the recommended two-phased approach was approved and design for the electrolysis test stations (ETS) for the main Treatment Plant area was begun. Upon reaching the 90 percent completion level in late 1982. the Phase I desi gn was submitted to the State Water Resources Control Board (SWRCB) for grant funding approval. Since the correction of the corrosion system was part of the Stage SA-I and SA-II termination agreement. review and approval of the 90 percent desi gn was del ayed. As the terminati on agreement approached settl ement. work on the Phase 1 design was reslJTled. On December 15. 1985,the termination agreement was finalized and the complete Cathodic Protection Project was assigned an l8-month completion schedule. A summary of previously authorized funds and estimated cost for completion of both phases of the Cathodic Protection Project follows: Funds Previously Authorized This Request For Phase 1 Construction Funds Estimate Of Additional Funds To Be Requested In The Future ESTIMATED TOTAl COST $328.102 346,000 183,000 $857,102 Attachment No. 2 Page 4 of 5 Central .....,ontra Costa Sanitat'y District 8UMMARV DF BIDS PROJECT NO. 20029 Cathodic Protection Phase 1 DATE May 28. 1q86 ENGR. EST. $ 203,000 LOCATION ~ BIDDER (Nome, telephone & address) BID PRICE ...::- 1 Harco (415 )783-0924 $ 1 96, 190 3411 Arden Rd. , Hayward, CA 94545 - 2 Power Anderson ( 415 )961-9100 $ 499,000 2271 Charleston Road. Mountain View, CA 94043 3 Da 1 ze 11 (415 )835-0732 $ P.O. Box 8284, Erne ryv i 11 e , CA 94662 525,000 4 Aspen Construction Inc. (415 17Q8-4500 $ P.O.Box 128, 2500 Annalisa Drive, Concord.CA 94522 560,000 ( ) $ ( ) $ - ( ) $ ( ) $ ( ) $ ( ) $ ( ) $ ( ) $ a: PREPARED BY DATE SHEET NO. OF !A~ 7. 8. 9. 10. ATTACHMENT NO. 3 POST BID - PRECONSlRUCTlON ESTIMATE OF COSTS FOR DISTRICT SEWERING PROJECT 20029 ITEM DESCRIPTION 1. Construction Contract (As Bid). . . . . . . . . . Plant Operations Labor(. . . . . . ._ . . . ) Aeration Air Headers Miller Pipeline Corp. Estimated Construction Contingencies 2. J. Estimated Construction Incidentals to Project Completion Survey. . . _ _ _ . . . _ _ _ . . _ _ $ Construction Administration & Inspection$ Engineering _ . . . . _ . . . Consultant. . . . . . . . . . ITEM AMOUNT . $ 5.000 26,000 9,000 - . . . . 28.000 . $ 68,000 Total Estimated Construction Incidentals 4. Street Resurfacing or Seal Coat .. .. .. .. .. .. 5. Total Estimate Required to Complete Project .. .. .. .. .. .. .. 6. Pre Bid Expenditures Survey. Engineering. Printing. Advertising Special Services Right-of-Way Acquisition. . Total Preconstruct ion Incidentals (as of ). . $ Total Estimated Project Cost (Items 5 & 7) Funds Previously Authorized (for Phase 1) Total Additional Funds Required to Complete Project. (Item 8 minus Item 9) . $ . $ . $ TOTAL _ $ 1 96, 1 90 5,000 30,000 46,238 277,428 . $ $ 345,428 say 346,000 . - $ . .$ 346,000 $ 227,154 .$ 573,154 .$ 227,154 .$ 346,000 Page 5 of 5 % CONST. CONTRACT 100% 125% I . . 2505-8/78 . Centri.. Contra Costa Sanitar ~ District BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF JUNE 5, 1986 NO. VI. BIDS AND AWARDS 3 MAY 29, 1986 SUBJECT DATE AUTHORIZE AWARD TO PURCHASE SULFUR DIOXIDE LIQUID FROM VIRGINIA CHEMICAL CO. FOR THE PERIOD JULY, 1986, THROUGH JUNE, 1987 TYPE OF ACTION AWARD OF PURCHASE SUBMITTED BY KEN F. LAVERTY PURCHASING & MATERIALS OFFICER INITIATING DEPT.lDIV. ADMINISTRATIVE/PURCHASING & MATERIALS CONTRO ISSUE: The District has advertised and received bids (Bid Request T0007C) for sulfur dioxide liquid to be used by the treatment plant in the fiscal year 1986/1987. BACKGROUND: The Bid Request was publicly advertised and issued to four separate companies. There were three responses received as follows: COMPANY Cominco American Stauffer Chemical Virginia Chemical TOTAL DELIVERED UNIT PRICE PER TON $244.75 $239.10 $226.60 Analysis by Purchasing staff indicated that the lowest responsible bidder is Virginia Chemical. The firm is the District's current supplier of sulfur dioxide, at a present per ton cost of $189.00 delivered. Virginia Chemical's new price of $226.60 per ton is 20% over the present rate, and is due to closure of the West Coast manufacturing facility; accordingly, shipping, transportation, and insurance costs from the East Coast are cited as reasons for the cost increase. On the basis of an annual usage of 420 tons, the anticipated value of the proposed blanket purchase order for the period July, 1986, through June, 1987, is $95,172.00. RECOMMENDATION: Authorize award to purchase sulfur dioxide liquid from Virginia Chemical Co. for the period July, 1986, through June, 1987, at a per ton cost of $226.60. INITIA TlNG DEPT.lDIV. @ PM -_...."---.._-'-_._,.~.._.~.__.,~._'--'--~-'~_._--------"---~--_._-.,-.--.... t.. ..~ oc ~.. .... f!l " . ~f u ....... :I" 0 rot ..~ 0 ef 0 t- ~ .... i~ ~.. S rot ;; ~ ~ 0 0 N 0 N 2 0 rot \0 ....... ~ =~~ :I" 0 ....... V rot i s.. ..!,l V Ln Ln Ln ..r:. ~ I': oC .~ 0\ ~!;... ~.. 0 ;:; I_ 'D Ie I ::I OJ I~ 1("1'" ~ ~ I~ ::5 . ...... l.f 'D ~ vie- .... . . . . . en en 0 N LJ ~ f- I~ fU 0 M M \0 0) :!. :z: N ~i 0 rot rot N >- ~ .. ~ ~ N ~ ~ ~ C> \0 \0 N :I" 0 rot 0 N So.. V 0 C> V ~ .~ ~ O~ N N \0 C> '~ I': .... I~ 0 C) ~ ~ v I;:::; ~ rot rot :::J I~ r- . ttl .~ ~ .. ~ <:) <:) g C> 0\ ~ . ('. 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Contra Costa Sanitar ~ District BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF SUBJECT ORDER COMPlETION OF DISTRICT ANNEXATION NO. 92-A NO. VI I. DATE CONSENT CALENDAR 2 TYPE OF ACTION COMPlETE ANNEXATION OF DA 92-A SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT./DIV. Engineering Dept./Construction Div. ISSUE: The District must pass a resolution to finalize District Annexation 92-A. BACKGROUND: The District previously made application to the Local Agency Formation Commission (LAFC) for the annexation of ten parcels of land designated as District Annexation 92. LAFC has considered this request and has recommended that Parcel 1 be processed as submitted. LAFC has designated this parcel to be District Annexation No. 92-A. No public hearing is required and the annexation of this parcel can be completed. LAFC has adopted a Negative Declaration for District Annexation No. 92-A. District staff has reviewed this Negative Declaration and concurs with its findings. RECOMMENDATION: Adopt a resolution concurring with the Negative Declaration and ordering the completion of District Annexation No. 92-A. REVIEWED AND RECOMMENDED FOR BOARD ACTION JSM RAB 1302/1-.9/85 .or DH INITIATING DEPT./DIV. .'. .._.._-._--_._._'------_.~--_._-~.__._._.__.~._._,~---'-_.~------....--""--_._-"-_.,'----._-----_.,._----_.- ~ ~ ~ \) ~ ~ It I~ t " '!". f- "_'''~ ~ ~ \() "t ~ D ~ ~ c. ~"'IVPA.f!Y., 49::t East 295~ SURLS * 12646 O.R. 49B Z ~ WILLIAMS * 9192 O.R. 373 ~ ~ - Ul West 344 eSTA TE5 DR. 2:'~~_~:::-. ~-::,.,;<j::;.~':;'-~,"-_.-._-_- -.::> -: ~~~>.r"-'._,,,,:~~,;,~,,~,,_. -_~.~''':';''C> '. ,..... ~._ E~/ST/NG ~'>'C'C.C.C.S.D.- L30UNDARY J ..c DISTRICT ANNEXATION 92 Parce 1 1 LAFC 92-A . Centra :ontra Costa Sanitar~ Jistrict BOARD OF DIRECTORS PAGE 1 1 OF POSITION PAPER BOARD MEETING OF J una 5, 1986 NO. VIr. CONSENT CALENDAR 3 SUBJECT AUllfORIZATION FOR ATTENDANCE BY HARRIETTE STNfL AT AN AMERICAN MANAGBENT ASSOCIATION SEMINM ENTffiEO "BASIC PUBLIC RElATIONS SKILLS" DATE May 28, 1986 TYPE OF ACTION AUllfORIZE ATTENDANCE SUBMITTED BY INITIATING DEPT.lDIV. Cathryn Freftas. Personnel Offfcer A~fnfstratfYe/Personnel Sectfon ISSUE: Board authorization is requi red for attendance at a seminar when the cost exceeds $500. BACKGROONO: As pa rt of the 1986-1987 Personnel Budget, Harri ette Stahl, Personnel Analyst II, will be reclassified to Publ ic Information Coordinator. The action plan for the Coordinator position includes training in publ ic relations. On June 18, 19, and 20, 1986, the American Management Association is offering a particularly relevant course entitled "Basic Public Relations Skills." Rather than have Ms. Stahl wait until the next available course in 1987, staff is requesting approval at this time. This course, one of the very few offered in northern California, will take place in San Franci sco at the cost of $675. Due to the cost of the course exceedi ng $500, Board of Di rectors' approval is requi red. Total expenses are estimated to equal $700. Although funds for this specific course were not included in the 1985-1986 Personnel Budget, educati on and trai ni ng funds which were not spent are avail abl e for th i s purpose. REOOtIENDATION: Authorize Harriette Stahl to attend the "Basic Public Rel ations Skills" seminar at an estimated cost of $700. INITIATING DEPT.lDIV. REVIEWED AND RECOMMENDED FOR BOARD ACTION Y/d 1302A.9/85 . Centr~ =ontra Costa Sanitar~ .Jistrict BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF June 5, 1986 NO. VIr. CONSENT CALENDAR 4 SUBJECT ESTABLISH JULY 3, 1986 AS A DATE FOR A PUBLIC HEARING TO CONSIDER THE FORFEITURE OF AfJI ANTIGE PLUmING'S $1,000 CONTRACTOR CASH DEPOSIT DATE May 30, 1986 TYPE OF ACTION ESTABLISH PUBLIC HEARING DATE SUBk1ITTEQ BY uennlS Hall, Associate Engineer INIIIATIJIIG DEPT/DIV. tnglneerlng Dept./Construction Div. ISSUE: Advantage Plumbing has violated the terms of the permit on District Job No. 3961. BACKGROUND: Advantage Plumbing is the contractor who was hired by the developer of Job No. 3961, which includes the construction of 336 feet of 8-inch main line sewer in north Walnut Creek. During the final phases of the project, a contractual conflict arose between the developer and the contractor and, consequently, the proj ect was not campl eted. Homes were subsequently connected without inspections or permits. In August, 1985, sewage was reported to be running out of one of the newly constructed manholes. District forces responded to the emergency and performed corrective work to eliminate the imminent health hazard. As subsequent investigation led to the conclusion that Advantage Plumbing caused the sewage overflow by placing concrete in the manhole, apparently as a resul t of a payment di spute between Advantage Pl umbi ng and the developer. Cl ean up and repair costs incurred by the District exceed the costs of the contractor's bond. District Code provides for the forfeiture of a contractor's $1,000 cash deposit if the applicant violates any term of the permit. The General Manager-Chief Engineer has reviewed the background of this matter and, based on the facts presented to him, certifies herein that the contractor, Advantage Plumbing, has violated its permit. Specifically, the sewer work was not campl eted and houses were connected connected to the incompleted work without inspections or payment of connection fees. The placement of concrete in the manhole was an intentional act of damage to the sewer system and constituted a gross violation of District specifications. Each of these events results in a violation of Advantage Plumbing's permit. Advantage Plumbing was given a Notice of Violation of District Code on January 30, 1985 and failed to remedy the violations or to request an appeal from that notice. Advantage Plumbing's previous attorney responded in writing indicating that Advantage Plumbing ceased doing business December 1, 1985. The Board must establish a hearing date for consideration of the forfeiture of the contractor's $1,000 cash deposit. The contractor will be notified of the hearing date and will have the opportunity to respond to the staff recommendation of forf ei ture. REVIEWED AND RECOMMENDED FOR BOARD ACTION ~( INITIATING DEPT./DIV. 130211-9/85 DH JSM SUBJECT POSITION PAPER ESTABLISH JULY 3, 1986 AS A DATE FOR A PUBLIC HEARING TO CONSIDER THE FORFEITURE OF ADVANTAGE PLUMBING'S $1,000 CONTRACTOR CASH DEPOSIT PAGE DATE 2 OF 2 May 30, 1986 RECOMMENDATION: Establish a hearing date of July 3, 1986 to consider the forfeiture of Advantage Plumbing's $1,000 cash deposit. Instruct the Secretary of the District to give Advantage Plumbing written notice ten calendar days in advance of the date the matter will be heard that the Board intends to declare a forfeiture of their contractor's cash deposit. --------- 13028-9/85 RESOlUTION NO. VII. CONSENT CALENDAR 5 (page 1 of 2) A RESOLUTION ORDERING PUBLICATION OF DISTRICT ORDINANCE NO. 157 WHEREAS, Section 6490 of the Health and Safety Code of the State of California provides that District ordinances shall be published once in a newspaper of general circulation within the District, and provides that an Order of the Board of Directors of the District to the effect that the Ordinance has been published shall constitute conclusive evidence that publication has been properly made: NOW, THEREFORE, be it resol ved by the Board of Di rectors of the Central Contra Costa Sanitary District as follows: THAT District Ordinance No. 157 which was adopted on April 3, 1986, and which provides for the amendment of the District Code so as to repeal Title 8 and enact a new Title 8, has been properly published once since its adoption in a newspaper of general circulation within Contra Costa County. PASSED AND ADOPTED by the Central Contra Costa Sanitary Di strict Board of Directors this 5th day of June, 1986, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa Sate of California COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: James L. Hazard District Counsel .. PROOF OF PUBLlC/'ON (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I om 0 citizen of the United States and 0 resident of the County aforesaid; I om over the age of eighteen years, and not 0 party to or interested in the above-entitled matter. I om the Principal legal Clerk of the Contra Costa Times. A newspaper of general circulation, printed and pub- lished at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598 And which newspaper has been adjudged 0 newspaper of general circulation by the Superior Court of the Coun- ty of Contra Costa, State of California, under the dote of .. October 22, 1934. Case Number 19764. The notice, of which the annexed is 0 printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dotes, to-wit: May 5 011 in the year of 1 9 ~Q I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. Onthis~dayof May 86 ,19_. /) I / / ',-.. A Signature 105908 Lesher Communications, Inc. Contra Costa Times P.O. Box 5088 Walnut Creek, Ca. 94596 (415) 935-2525 This spa'--; for County Clerk's Filing Stomp Proof of Publication of Ordinance NO . 1 c;7 ORDINANCE NO. 157 AN ORDINANCE REPEALING TITLE 8, GARBAGE, AND ADOPTING A NEW TITLE 8 OF THE DISTRICT CODE BE IT ORDAINED by the Board of Directors of the Central Contra Costa Sanitary District that Title 8, GARBAGE, of the District Code be repealed and that a new Title 8, GARBAGE, be adopted as set forth In Exhibit "A" on file In the office of the Secretary of the District. , This ordinance shall be pub-' lished once in the Contra Costa I Times, a newspaper of general circulation, published and circu- lated within the Central Contra i Costa Sanitary District, and shall be effective upon expiration of the week of publication. PASSED AND ADOPTED by the Board of Directors of the Cen. tral Contra Costa Sanitary District this 3rd day of April, 1986, by . the following vote: AYES: Members: Boneysteele, LDalton, M~Nulty, Clausen, I Carlson NOES: Members: None ABSENT: Members: None Is! "Hels E. Carlson President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COllNTERSIGNED: Is! Joyce E. McMillan , Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Is! James l. Hazard District Counsel legal CCT 5908 'f>ublish May 5, 1986 . CentrA Contra Costa Sanitar'~ ~istrict BOARD OF DIRECTORS PAGE 1 OF 3 POSITION PAPER BOARD MEETING OF June 5, 1986 NO. VII 1. SOLID WASTE 1 SUBJECT CONSIDER REQUEST FOR TERMINATION OF THE DISTRICT'S REFUSE COLLECTION FRANCHISE AGREEMENT RELATED TO VALLEY DISPOSAL SERVICE, INC.'S SERVICE AREA WITHIN THE CITY OF SAN RAMON EFFECTIVE JULY 1, 1986 DATE May 30, 1986 TYPE OF ACTION TERMINATE FRANCHISE AGREEMENT WITHIN THE CITY OF SAN RAMON SUBMITTED BY INITIATING DEPT./DIV. Paul Morsen, Deputy General Manager Administrative ISSUE: Valley Disposal Service, Inc. and the City of San Ramon jointly request that the District's refuse collection franchise agreement covering the service area within the City of San Ramon be terminated as of July 1, 1986. BACKGROUND: During the District's renegotiation of the present successor refuse collection franchise agreement with Valley Disposal Service, the City of San Ramon notified the District of the City's intention to assume franchising authority in order to select a single refuse collector to serve the city. The Board of Directors agreed to the City of San Ramon's request to, therefore, excl ude Vall ey Di sposal Service's service area within the city limits from the terms of the District's successor franchise agreement which became effective on March 1, 1986. The District's former franchise agreement with Valley Disposal Service, which continues to govern the service area at issue, extends through November 30, 1986. The City of San Ramon has selected Valley Disposal Service to provide all refuse collection within the city limits. To accommodate the City's assumption of franchising authority, the City of San Ramon and Valley Disposal Service request the earlier termination of the District's franchise agreement for service within the city limits effective July 1, 1986. A copy of the Council Resolution of the City of San Ramon and a written request by Valley Disposal Service are attached. RECOMMENDATION: Authorize termi nati on of the former Valley Di sposal Service, Inc. refuse collection franchise agreement, rel ated to its service area within the City of San Ramon, as of July 1, 1986. 130r-g185 PM { WNF J LH REVIEWED AND RECOMMENDED FOR BOARD ACTION ~ r......_~_".__~___,.__... Telephone 935-8900 DISPOSAL SERVICE POST OFFICE BOX 4007 WALNUT CREEK, CALIFORNIA 94596 May 29, 1986 Mr. Nels Carlsen, President and Members of the Board of Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Dear Members: We are currently serving the northern portion of the City of San Ramon under the terms and provisions of our franchise agreement with CCCSD dated July 1, 1976 which expires on November 30, 1986. The City of San Ramon requested, and CCCSD agreed, to exclude from our new CCCSD franchise the area within the boundaries of the City. The City and Valley Disposal Service, Inc. have entered into a franchise agreement for the collection of solid waste within the area previously franchised by CCCSD which is within the City. The franchise agreement with San Ramon is effective as to that area, on December 1, 1986 or upon the earlier termination of our 1976 agreement with CCCSD. The City and Valley Disposal Service, Inc. have determined, from an administrative viewpoint, that it would be preferable to terminate the 1976 agreement as of July 1, 1986. By this letter, we are requesting that CCCSD agree to terminate the 1976 franchise agreement as of 12:01 a.m., July 1, 1986. We understand that the City will forward to you a similar request under separate cover. If you have questions regarding this request, please contact our attorney Sanford M. Skaggs at 937-8000. Very truly yours, ( '7 -L' --z u.... .:-T L cor').('t1.. L It ci .-:1- .....'\.- ~i.C L...f Francise Fiorentino President FF:lw * RESOLUTION NO. 86-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON REQUESTING THE CENTRAL CONTRA COSTA SANITARY DISTRICT TO TERMINATE THE FRANCHISE WITH VALLEY DISPOSAL SERVICES FOR SOLID WASTE COLLECTION SERVICES FOR THE NORTHERN PORTION OF THE CITY OF SAN RAMON ON JULY 1, 1986 WHEREAS, the franchising for solid waste collection service within the City of San Ramon is currently being accomplished by the City and the Central Contra Costa Sanitary District; and WHEREAS, the City has franchised with Valley Disposal Ser- vices for the solid waste collection services, effective April 1, 1986, for all areas of the City outside the Central Contra Costa Sanitary District; and WHEREAS, the City, with the concurrence of the Central Contra Costa Sanitary District, has franchised with Valley Disposal Ser- Vices for solid waste collection services, effective December 1, 1986, for the area of the City within the Central Contra Costa Sanitary District; and WHEREAS, the administration of the franchise would be facili- tated by the City assuming the franchise responsibility for the entire city July 1, 1986: NOW THEREFORE BE IT RESOLVED that the City Council requests the Central Contra Costa Sanitary District to terminate the Dis- trict's franchise with Valley Disposal, effective July 1, 1986, for solid waste collection services for areas within the City limits of the City of San Ramon. PASSED, APPROVED AND ADOPTED at the meeting of May 27, 1986 by the following vote AYES: Councilmembers Harmon, Meakin, Oliver, Schinnerer and Mayor Bennett NOES: None ABSENT: None ATTEST: /~- ~- ,# ~~--~ Mayor 1 hekeby cekt~6Y that the above ~~ a 6utt, tJc.ue and acc.wr.ate c.opy on a Ru,oluuon adopted by the C~ y Counc~l 06 the C~ty 06 San R n ,1Pft? t.."ty of San Ramo.. IX. CORRESPONDENCE 1 (page 1 of 7) 2222 Camino Ramon San Ramon, California 94583 (415) 866-1400 ,~fi i~~ t.. 'V'!"~"...., . \\.:' ,~.-., t ,~;L!.' MAY 1 9 1986 May 16, 1986 .... CCOlIlf) <lr:CT;eTARY OF THE O'S~IO'r Board of Directors Contra Costa County Central Sanitation District 5019 Imhoff Place Martinez, CA 94553 RE: San Ramon Community Redevelopment Project Dear Sires): This is to inform you that on May 6, 1986 the Planning Commission of the City of San Ramon, pursuant to Section 33322 of the State Health and Safety Code, selected a Redevelopment Project Area and formulated a Preliminary Plan for the Project Area. Now, pursuant to Section 33327 of said Code the Redevelopment Agency of the City of San Ramon herewith transmits the following (see enclosures) to you: (1) A statement that a Plan for the redevelopment of the area is being prepared, with notice of proposed base year assessment roll, (2) A description of the boundaries of the Project Area, and (3) A map indicating the boundaries of the Project Area. If you have any questions concerning this matter, please do not hesitate to contact us. Si=~?~ James H. Robinson Executive Director Community Redevelopment Agency of the City of San Ramon enclosures L_ty of San Ramo... 2222 Camino Ramon San Ramon, California 94583 (415) 866-1400 STATEMENT OF PREPARATION OF REDEVELOPMENT PLAN FOR THE SAN RAMON REDEVELOPMENT PROJECT AREA AND NOTICE OF PROPOSED BASE YEAR ASSESSMENT ROLL TO: Auditor, Assessor, and Tax Collector of Contra Costa County; All Other Affected Taxing Entities; and the State Board of Equalization Pursuant to Section 33327 of the California Health and Safety Code, you are hereby notified that the Community Redevel- opment Agency of the Ci ty of San Ramon is in the process of preparing a Community Redevelopment Plan for the proposed San Ramon Redevelopment Project Area. It is the intention of the Agency to complete and adopt said Plan pursuant to the California Community Redevelopment Law. It is the intention of the Agency to use the 1986-87 roll as the Base Year Assessment Roll for the allocation of taxes pur- suant to Section 33670 of the Health and Safety Code. Dated: May 16, 1986 co~rnUNITY REDEVELOPMENT AGENCY OF THE CITY OF SAN RAMON Check one only: vi InL::ial Plan Amended Plan By ~ ~J1-- mes H. Robinson xecutive Director ,.~:,....~. ,'~',"V'''''''''''''''' CROW CANYON REDEVELOPMENT AREA CITY OF SAN RAMON MAY, 1986 EXHIBIT "A" Beginning at the intersection of the eastern line of state Highway 680 with the northern line of Fosteria Way, being a point on the northerly city boundary line of the City of San Ramon 7 thence easterly along said city boundary line 2450 feet, more or less, to the easterly line of the Southern Pacific Railroad right-of-way, San Ramon Branch, being also the easterly line of the City of San Ramon7 thence continuing southerly along said city boundary 1100 feet, more or less, to the southerly line of Crow Canyon Road7 thence westerly along said line 1960 feet, more or less, to the easterly right-of-way line of State Highway 6807 thence southerly along said line, 1510 feet, more or less, to the city boundary line of the City of San Ramon 7 thence South 64013'31" West, 289.31 feet along said city boundary line to the westerly right-of-way line of State Highway 6807 thence continuing along said city boundary line, being also the westerly right-of-way line said state highway, South 22012'42" East, 990 feet, more or less, to the southerly line of Norris Canyon Road7 thence westerly along said line 720 feet to a point opposite the southeast corner of Subdivision 6442 filed in volume 278 of maps at page 15, Contra Costa County Records7 thence on a direct line northerly crossing Norris Canyon Road to the southeast corner of said Subdivision7 thence along the easterly line of said Subdivision North 21001'28" West, 230.00 feet7 thence North 14053'32" East, 220.92 feet7 thence North 25025'39" West, 446.00 feet to the southerly line of Parcel A as shown on that certain map filed in volume 102 of parcel maps at page 387 thence North 64032'30" East, 248 feet, more or less, along said line to the westerly line of San Ramon Valley Boulevard 7 thence northerly along said line 1293 feet, more or less, to the southerly line of Crow Canyon Road7 thence westerly along said line 555 feet, more or less, to the easterly line of Twin Creeks Drive7 thence southerly along said line 150 feet, more or less, to a point opposite the most northeasterly corner of Subdivision 3790 filed in volume 124 of maps at page 1, Contra Costa County records7 thence crossing Twin Creeks Drive in a direct line 60 feet to said corner; thence along the northerly boundary line of said subdivision 3790 the following courses: South 64045'10" West, 574.09 thence North 77015'11" West, thence North 41040'50" West, thence North 86055'40" West, thence South 68052'10" West, thence South 24032'10" West, thence South 60012110" West, thence South 40019110" West, thence North 81041'50" West, -1- feet7 106.59 196.25 27.85 191.45 134.64 155.76 106.91 179.51 feet; feet; feet; feet; feet; feet; feet; feet; ----.-----.--.--------.-"..-....--,.-..-.".--.-----.-..,------_.~._-_.>._..--~--,_._-.-.,._,_.-._----------_. " "" thence South 59'09'10" West, 198.69 feet to the northeast corner of Subdivision 3856 filed in volume 135 of maps at page 38, Contra Costa County records, thence along the northerly boundary line of said subdivision the following courses: North 73012'50" West, 300.54 feet, thence South 21017'10" West, 399.30 feet, thence North 73010'50" West, 188.10 feet, thence South 09023'10" West, 174.35 feet, thence South 30027'10" West, 113.56 feet, thence South 01038'50" West, 151.39 feet to the easterly line of Subdivision 4235 filed in volume 148 of maps at page 37, Contra Costa County records, thence along said easterly line North 37051'52" West, 141.17 feet, thence along the northerly boundary line of said Subdivision the following courses: South 13005'50" West, 131.93 feet, thence North 62024'10" West, 271.26 feet, thence South 40055'50" West, 132.00 feet; thence South 21019'10" East, 108.24 feet to the northeast corner of Subdivision 4514 filed in volume 160 of maps at page 29, Contra Costa County records, thence along the northerly line of said Subdivision South 34056'10" West, 66.00 feet, thence South 64015'50" West, 119.00 feet to the exterior line of Subdivision 4121 filed in volume 139 of maps at page 45, thence along said exterior line the following courses: South 64015'50" West, 52.40 feet, thence North 43014'10" West, 141.24 feet, thence North 50020'50" East, 184.80 feet, thence North 21039'10" West, 10.35 feet, thence South 64012'09" West, 1143.69 feet to the northeasterly line of Bollinger Canyon Road, thence along said line southeasterly, 3840 feet, more or less, to the southerly line of Norris Canyon Road, thence crossing Bollinger Canyon Road 120 feet, more or less, to the southwesterly line of said road, thence along the southwesterly line of said BOllinger Canyon Road northwesterly 5250 feet, more or less, to southerly line of Crow Canyon Road, thence North 88017'13" West, along said line, 48.69 feet to the city boundary of the City of San Ramon, thence along said city boundary North 9018'02" West 120 feet, more or less, to the center of Crow Canyon Road, thence northwesterly in a direct line, 200.00 feet, more or less, to the intersection of the northerly right of way line of Crow Canyon Road and the westerly right of way line of Bollinger Canyon Road, thence northerly along the westerly right of way line of Bollinger Canyon Road, 800.00 feet, more or less, to its intersection with the western extension of the northern line of Parcel Map 14, Page 34, filed October 27, 1970, thence, North 72054'41" East, 100.00 feet, more or less, to the northwest corner of the aforesaid 14 PM 34, thence North 0041'22" East, 325.00 feet, and South 79005'49" East, 659.42 feet, to the northwest corner of Subdivision 5475, filed August 11, 1980, in Book 244 of Maps, at Page 131 thence North 72054'41" East, 1,113.37 feet, North 40047'27" East, 836.32 feet, and South 77056'58" East 401.31 feet along the northern boundary of Parcel Map 59, Page 33 to the northeastern corner thereof, being a point on the western line of -2- '" Section 9, Township Two South, Range One West, Mount Diablo Base and Meridian; thence, northerly along the western line of said Section 9, a distance of 575.00 feet, more or less, thence South 80017'30" East 158.55 feet, South 52053' East 123.4 feet, North 87050' East 838.36 feet and North 47017'30" East 136.49 feet to the southwestern corner of Subdivision 4631, filed April 13, 1977, in Map Book 195, Page 20; thence, northerly and northeasterly along the western boundary of Subdivision 4631 to the northwestern corner of Lot 8, being a point on the southern boundary of Parcel A, Parcel Map 92, Page 23, filed February 5, 1981; thence, North 84001'45" West 288.00 feet, North 2040'45" West 323.61 feet and North 73035'09" East 269.68 feet to the most northern corner of said Parcel A, (92 PM 23) being a point on the western line of Parcel D, Parcel Map 85, Page 39, filed April 10, 1980; thence, North 17044' West 630 feet, more or less, to the northwestern corner of Parcel Map 93, Page 14, filed March 4, 1981; thence, North 18032'30" West 540.00 feet, more or less, to the southwestern corner of Parcel Map 85, Page 8, filed March 12, 1980; thence north 17037'14" West 199.12 feet to the northwestern corner of said Parcel Map 85, Page 8, being a point on the southern boundary of the City of Danville, thence; following said boundary of the City of Danville, easterly along the northern line of said Parcel Map 85, Page 8, and the eastern extension thereof 930.00 feet, more or less, to the western boundary of State Highway 680; thence southerly along the western boundary of State Highway 680, 2,850.00 feet, more or less, to the western extension of the northern line of Fostoria Way; thence, North 63053'54" East crossing Highway 680, 300.00 feet, more or less, to the point of beginning. Containing 484.4 Acres, more or less. -3- -. ALCOSTA REDEVELOPMENT AREA CITY OF SAN RAMON MAY, 1986 EXHIBIT "A" Beginning at the intersection of the southerly line of Alcosta Boulevard with the westerly line of San Ramon Valley Boulevard, being a point on the city boundary line of the City of San Ramon; thence northerly along said westerly line of San Ramon Boulevard, 745 feet, more or less, to a point directly opposite the northwesterly corner of Parcel "A" as shown on that certain Record of Survey filed in volume 56 of Land Surveyor Maps at page 27, Contra Costa County records; thence in a direct line crossing San Ramon Valley Boulevard to said northwest corner; thence North 75 11'27" East, 103.32 feet to the westerly line of State Highway 680; thence southerly along said line 675 feet to the northerly line of Alcosta Boulevard; thence easterly and northerly along said northerly and westerly lines of Alcosta Boulevard 8175 feet to the westerly prolongation of the northerly line of Old Ranch Road; thence in a direct line 102 feet to the easterly line of Alcosta Boulevard; thence southerly along said line 1237 feet, more or less, to the most northwesterly corner of Parcel "C" as shown on that certain map filed in volume 5 of parcel maps at page 12, Contra Costa County Records, thence North 84 30' East, 125.00 feet along northerly line of said Parcel "C"; thence continuing along the exterior line of said parcel, South 50 15' East, 468.39 feet; thence South 6 20' East, 601.63 feet; thence West, 240.22 feet to the beginning of a non-tangent curve the center of which bears West, 330 feet; thence northerly and westerly along said curve an arc length of 399.14 feet; thence along a tangent bearing North 69 18' West, 114 feet, more or less, to the southeasterly line of Alcosta Boulevard; thence southwesterly along said line 488 feet to the northeasterly line of Lot 154 as shown on that certain map of Subdivision 3024 filed in volume 91 of maps at page 12, Contra Costa County Records; thence along said exterior line of Lot 154 thLfollowing courses: South 31 59'26" East, 20.00 feet; thence southeasterly along a non-tangent curve of radius 132 feet concave to the northeast 182.77 feet; thence South 24 42'40" West, 33.19 feet; thence South 16 30'57" West, 48.51 feet; thence North 73 29'03" West, 33.75 feet; thence northwesterly and southerly along a non-tangent curve of radius of 132 feet concave to the southeast, 376.68 feet; thence North 83 33'33" West, 100.14 feet; thence southerly along a non-tangent curve of radius 132 feet concave to the southeast, 231.64 feet; thence South 55 09'54" West, 99.66 feet to the southwe~terly line of Fircrest Lane; thence North :-A 50'OG" t'Jc:;,t, 176.87 feet along s<1id 1in('; thence continuing alJng fircrest Lane along a curve of radius :c28 feet, 58.70 feet to the northwesterly line of Parcel "A" as shown on that certain map filed in volume 88 of parcel maps at page 35. ... ' Contra Costa County Records; thence along said line South 65 25'09" West, 71.97 feet to a "Storm Drain Easement" as shown on said map; thence continuing along said northwesterly line of parcel "A" South 61 59'08" West, 94.20 feet to the westerly line of said parcel being a point on a curve of radius 213.4 feet concave to the west; thence southerly along said curve and westerly parcel line, 174 feet, more or less, to a point of reverse curvature; thence along a tangent curve of radius 286.6 feet concave to the east, 267 feet, more or less, to the southerly line of the aforementioned Parcel "A"; thence along said line North 58 10'13" East, 158 feet, more or less, to a point on the southwesterly line of the aforementioned Subdivision 3024, said point being on a non-tangent curve of radius 132.00 feet concave to the northeast; thence easterly along said curve and exterior boundary 129.46 feet to a point of cusp; thence southerly and easterly along a non-tangent curve of radius 132.00 feet concave to the northeast, 421.53 feet to the southwesterly line of Fircrest Lane; thence along said line South 34 50'06" East, 240.68 feet; thence leaving said Fircrest Lane and continuing along the exterior line of Subdivision 3024 westerly, southerly, and easterly along a non-tangent curve of radius 132.00 feet concave to the northeast, 461.01 feet; thence South 24 31'30" East, 43.60 feet; thence southwesterly, southerly, and easterly along a non-tangent curve of radius 132.00 feet concave to the east, 349.06 feet; thence South 12 12'15" East, 88.94 feet to the San Ramon City line being also the Alameda County line; thence along said city and county line South 73 52'04" West, 5300 feet, more or less, to the point of beginning. Containing 121.3 acres, more or less.