HomeMy WebLinkAbout10-05-00 AGENDA BACKUPCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
Board Meeting Date: October 5, 2000
Type of Action: SET HEARING DATE
POSITION PAPER
No.: 4.a. CONSENT CALENDAR
subject: ESTABLISH NOVEMBER 2, 2000, AS THE DATE FOR A PUBLIC HEARING TO
CONSIDER THE ESTABLISHMENT OF THE LAURENITA WAY CONTRACTUAL
ASSESSMENT DISTRICT NO. 2000 -1
Submitted By: Initiating Dept. /Div.:
Russell B. Leavitt, Management Analyst Engineering /Environmental Services
REVIEWED AND RECOMMEND FOR BOARD ACT /ON;
R. Leavitt
C. Swanson A. arrell
:L
Charles W. Batts.
General Manager
ISSUE: A public hearing is required to establish the Laurenita Way Contractual Assessment
District (CAD) No. 2000 -1. A public hearing is also required to create an assessment
district pursuant to the procedure adopted under Proposition 218, which amended the
California Constitution, Article XIII D, Section 4.
RECOMMENDATION: Establish November 2, 2000, as the date for a public hearing
regarding Laurenita Way CAD No. 2000 -1 pursuant to California Constitution, Article XIII
D, Section 4, and Streets and Highways Code, Sections 5898.20 and 5898.24.
FINANCIAL IMPACTS: There are minor costs for publishing a legal notice advertising the
public hearing and for staff preparation and attendance. These costs eventually will be
paid by the CAD participants.
1. Select a later date for the public meeting - This would delay the CAD proceedings
since the holding of a public hearing is required by law. (Note: An earlier date
would not provide the CAD participants sufficient time to review the Engineering
Report.)
2. No action by the Board - No action will delay the CAD proceedings until a different
public hearing date is set since the holding of a public hearing is required by law.
BACKGROUND: On March 16, 2000, the Board of Directors adopted a resolution of
intention to create Laurenita Way CAD No. 2000 -1 for the purpose of installing sewer
improvements on Laurenita Way in Alamo. As required by Proposition 218, an Engineer's
Report estimating assessments for properties within the CAD is being prepared. It is now
appropriate to schedule a public hearing to offer interested parties the opportunity to
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POSITION PAPER
Board Meeting Date: October 5, 2000
subject: ESTABLISH NOVEMBER 2, 2000, AS THE DATE FOR A PUBLIC HEARING TO
CONSIDER THE ESTABLISHMENT OF THE LAURENITA WAY CONTRACTUAL
ASSESSMENT DISTRICT NO. 2000 -1
comment on the proposed assessments and related issues. A resolution has been
prepared and is attached, which, if adopted, will set the date of the public hearing on
November 2, 2000.
RECOMMENDED BOARD ACTION: Establish November 2, 2000, as the date for a public
hearing regarding Laurenita Way CAD No. 2000 -1 pursuant to California Constitution,
Article XIII D, Section 4, and Streets and Highways Code, Sections 5898.20 and
5898.24.
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RESOLUTION NO. 2000-
RESOLUTION SETTING HEARING OF PROTESTS ON
Laurenita Way CONTRACTUAL ASSESSMENT DISTRICT (CAD NO. 2000 -1)
WHEREAS, on March 16, 2000, this Board of Directors adopted Resolution 2000-
017 expressing the intent of the District to proceed with the Laurenita Way Contractual
Assessment District (CAD) No. 2000 -1 for the purpose of installing sewer improvements
on Laurenita Way in Alamo; and
WHEREAS, at the direction of this Board of Directors, Curtis W. Swanson,
Environmental Services Division Manager, as Engineer of Work for improvement
proceedings for the Laurenita Way CAD No. 2000 -1, Central Contra Costa Sanitary
District, Contra Costa County, California, has prepared a report described in Section
5898.22 of the Streets and Highways Code (Municipal Improvement Act of 1911); and
WHEREAS owners of each affected parcel will be provided written notice of the
proposed assessment and ballot to indicate approval or opposition of the assessment
pursuant to the procedures required by California Constitution Article XIII D, Section 4, as
amended by Proposition 218;
NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary
District resolves:
1. This Board sets 2 p.m. on November 2, 2000, at the Meeting Room of the
Board of Directors, 5019 Imhoff Place, Martinez, California, as the time and
place for hearing protests to the proposed improvements and the creation
of the proposed Contractual Assessment District and assessment.
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2. The Secretary of the District is directed to publish, post, and mail the
notices of improvement required by the Municipal Improvement Act of
1911, and to file an affidavit of compliance. The notice shall be published
in the CONTRA COSTA TIMES not later than twenty (20) days before the
date of the hearing.
PASSED AND ADOPTED this 5th day of October, 2000, by the Board of Directors
of the Central Contra Costa Sanitary District by the following votes:
AYES: Members:
NOES: Members:
ABSENT: Members:
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary, Central Contra Costa Sanitary District,
County of Contra Costa, State of California
APPROVED AS TO FORM:
Kenton L. Alm
District Counsel
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Central Contra Costa Sanitary District
/4_m�k ' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 5, 2000 No-: 4.b. CONSENT CALENDAR
Type of Action: ACCEPT CONTRACT WORK
Subject: ACCEPT THE CONTRACT WORK FOR THE LAFAYETTE SEWER RENOVATION
PROJECT, PHASE 1, DISTRICT PROJECT NO. 5465, IN LAFAYETTE, AND AUTHORIZE
THE FILING OF THE NOTICE OF COMPLETION
Submitted By: Initiating Dept. /Div.:
Alex Rozul, Associate Engineer Engineering /Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
2*:
A. Ff6zui H. Thom W. Brennan A. F ell harles W. Batts,
General Manager
ISSUE: Construction has been completed on the Lafayette Sewer Renovation Project,
Phase 1, (DP 5465) in Lafayette and the work is now ready for acceptance.
RECOMMENDATION: Accept the contract work for the Lafayette Sewer Renovation
Project, Phase 1, and authorize the filing of the Notice of Completion.
FINANCIAL IMPACTS: None related to this action.
ALTERNATIVES /CONSIDERATIONS: Not applicable. Filing the Notice of Completion is
advisable under the California Civil Code Section 3093.
BACKGROUND: The original Lafayette Sewer Renovation Project was scheduled to bid
in April of 2001. In October 1999, the City of Lafayette informed the District of its plans
to repave /reconstruct in calendar year 2000 several of the roads in which some critical
line segments were located. Once repaved, the City has a five year moratorium on
trenching. In an effort to renovate the sewers in these areas ahead of the City's paving
projects, the District divided the original project into phases. The Lafayette Sewer
Renovation Project Phase 1 consisted of replacing approximately 5,150 feet of
deteriorated sewers along with appurtenant structures (see Attachment 1 for map). The
sewer installation methods included conventional open -cut construction and trenchless
pipe bursting.
On April 20, 2000, the Board of Directors (Board) authorized the award of a contract for
the construction of the project to McNamara and Smallman Construction, Inc. of San
Francisco. The Notice to Proceed was issued on May 15, 2000. The work was
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POSITION PAPER
Board Meeting Date: October 5, 2000
Subject: ACCEPT THE CONTRACT WORK FOR THE LAFAYETTE SEWER RENOVATION
PROJECT, PHASE 1, DISTRICT PROJECT NO. 5465, IN LAFAYETTE, AND AUTHORIZE
THE FILING OF THE NOTICE OF COMPLETION
substantially completed on September 11, 2000. The remaining items of work consist
of minor punch list items which do not affect the project acceptance.
The total authorized budget for the project is $ 1,104,000. The budget includes the cost
of engineering design, District forces, testing services, geotechnical services, contractor
services, etc. 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.
RECOMMENDED BOARD ACTION: Accept the contract work for the Lafayette Sewer
Renovation Project, Phase 1, and authorize the filing of the Notice of Completion.
9/27/00
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Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POS /T /ON PAPER
Board Meeting Date: October 5, 2000 No.: 4.c. CONSENT CALENDAR
Type of Action: CONSIDER EMERGENCY WITHDRAWAL
Subject:
CONSIDER A REQUEST FOR EMERGENCY WITHDRAWAL OF FUNDS FROM THE
DEFERRED COMPENSATION PLAN
Submitted By: Initiating Dept. /Div.:
Debbie Ratcliff, Controller Administrative /Finance & Accounting
REVIEWED AND RECOMM ED FOR BOARD ACTION.
D. Ratcli P. Morsen
Charles W. Batts,
General Manager
ISSUE: Authorization by the Board of Directors is required for emergency withdrawal of
funds from the Deferred Compensation Plan.
RECOMMENDATION: Approve the request by Nadine Schumacker for an emergency
withdrawal of $5,500 after taxes, from the Deferred Compensation Plan, as
recommended by the Deferred Compensation Plan Advisory Committee.
►1► u'A
ALTERNATIVES /CONSIDERATIONS• This request could be denied, however, this is not
recommended as the request meets the requirements for emergency withdrawals as set
forth by the Internal Revenue Service.
BACKGROUND: Nadine Schumacker, retiree, 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 $5,500, after taxes.
RECOMMENDED BOARD ACTION• Approve the request by Nadine Schumacker for an
emergency withdrawal of $5,500, after taxes, from the Deferred Compensation Plan, as
recommended by the Deferred Compensation Plan Advisory Committee.
9/25/00
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Central Contra Costa Sanitary District
/jifi BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 5, 2000 No-: 4.d. CONSENT CALENDAR
Type of Action: ADOPT PROCLAMATION
Subject: ADOPT PROCLAMATION IN SUPPORT OF THE CONTRA COSTA COMMUNITY
COLLEGE DISTRICT FACILITIES BOND MEASURE
Submitted By:
Joyce E. Murphy
Initiating Dept./Div.:
Administrative /Secretary of the District
REVIEWED AND RECOMMENDED FOR BOARD ACT /ON:
!eld =11/�
01#-01-
harles W. Batts,
ieneral Manager
ISSUE: Mr. Terry Shoaff, of Diablo Valley College, appeared before the Board requesting
Central Contra Costa Sanitary District support for the Contra Costa Community College
District Facilities Bond Measure. Recognizing that the College District is a valuable higher
education resource to our communities and a long -term partner of the District, the Board
directed staff to work with District Counsel to prepare a document supporting the bond
measure.
RECOMMENDATION: Adopt the attached Proclamation supporting the Contra Costa
Community College District Facilities Bond Measure.
FINANCIAL IMPACTS: None related to this issue.
ALTERNATIVES /CONSIDERATIONS• Modify the proposed proclamation or decline to
support the bond measure.
BACKGROUND: Central Contra Costa Sanitary District and the Contra Costa Community
College District have worked closely together through the years, partnering on educational
activities and areas of wastewater and environmental concern. Most recently, the College
District has provided assistance on an in -house training program for District employees;
and the College District has cooperated with the initiation and promotion of the District's
recycled water program, and is currently a valued recycled water customer.
RECOMMENDED BOARD ACTION: Adopt the Proclamation in Support of the Contra Costa
Community College District Facilities Bond Measure.
9/28/00
Page 1 of 3
LCentral Contra Costa Sanitary District
5019 Imhoff Place, Martinez, Ca 94553 (925) 228 -9500 • www.centralsan.org
PROCLAMATION IN SUPPORT OF THE CONTRA COSTA
COMMUNITY COLLEGE DISTRICT FACILITIES BOND MEASURE
WHEREAS, the Contra Costa Community College District (hereinafter "College
District ") has served the students of our county with educational distinction for over 50
years; and
WHEREAS, the College District and the Central Contra Costa Sanitary District
(hereinafter "Sanitary District ") have partnered over the years in a number of
educational activities focusing on environmental issues and the scientific aspects of the
wastewater and solid waste industry; and
WHEREAS, the College District has cooperated with the Sanitary District to
initiate and promote a recycled water program; and
WHEREAS, the College District has long been a valued customer of the Sanitary
District and has on a number of occasions projected the appropriate spirit of inter-
governmental cooperation which has benefited the Sanitary District; and
WHEREAS, many of the facilities of the College District were constructed many
years ago, some as early as the 1950's; and
WHEREAS, the College District has identified critical renovation and
modernization needs, including additional classroom and lab space; science and
computer lab renovations; plumbing repairs and roof replacements; security lighting;
electrical upgrades for 21 st century technology; heating, ventilation and air -
conditioning rehabilitation; and a new state -of- the -art facility at the San Ramon Valley
Center; and
WHEREAS, state funding is insufficient to meet the many urgent facility needs of
the College District, including $57 million in current unmet scheduled maintenance; and
WHEREAS, the Sanitary District will benefit from the continued vitality of the
College District's programs which will result from the proposed renovation and
modernization.
NOW, THEREFORE, BE IT PROCLAIMED, that the Sanitary District recognizing
that the College District is a valuable higher education resource, a long -term partner of
Page 2 of 3
Doc #: 241921 v01
Recycled Paper
the Sanitary District with regard to environmental and scientific education issues, a valuable
partner of the Sanitary District with regard to its recycled water program, does hereby
endorse the November 2000 bond measure to meet the expanding educational needs
of Contra Costa County, as well as to provide continuing support to the Sanitary District
in its environmental stewardship activities.
PASSED AND ADOPTED this day of
2000, by the Board of Directors of the Central Contra Costa Sanitary District 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, State of California
COUNTERSIGNED:
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
Page 3 of 3
Doc #: 241921v01
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: No.: 7.a. ADMINISTRATIVE
Type of Action: RENEW CONTRACT
Subject: CONSIDER RENEWAL OF CONTRACT FOR LEGAL SERVICES WITH KENTON
L. ALM AND SELLAR, HAZARD, McNEELY, ALM & MANNING FOR THE PERIOD FROM
OCTOBER 1, 2000, THROUGH SEPTEMBER 30, 2003, AND AUTHORIZE THE BOARD
PRESIDENT TO EXECUTE THE CONTRACT
Submitted By: Initiating Dept. /Div.:
David J. Clovis Administrative /Safety & Risk Management
REV WED AND RECOMMENDED FOR BOARD ACTION.
D R4
. Clovis
4
rles W. Batts,
feral Manager
ISSUE: The three -year contract term for legal services and Counsel for the District
services of Kenton L. Alm and the Sellar, Hazard, McNeely, Alm & Manning Law Firm
lapsed on June 30, 2000. A contract renewal requires approval by the Board of Directors.
RECOMMENDATION: District Staff recommends Board of Director approval of the three
year contract with Kenton L. Alm and Sellar, Hazard, McNeely, Alm & Manning for legal
services.
FINANCIAL IMPACTS: The negotiated rates represent a ten percent increase in the current
rate structure for the first year of the agreement.
ALTERNATIVES /CONSIDERATIONS: The Board could elect to not renew the contract for
services, although this is not recommended.
BACKGROUND: The District has been obtaining general legal services and Counsel for
the District services of Kenton L. Alm and Sellar, Hazard, McNeely, Alm & Manning (Firm)
since 1985 by a contracted arrangement which was approved by the District Board of
Directors. The current contract had a term from July 1, 1997, through June 30, 2000.
If the Board wishes to continue the relationship with Mr. Alm and his Firm, staff has
negotiated an arrangement where fees would increase in the first year of the renewed
contract and additional increases in year two and three (See Attachment A) for a period
of October 1, 2000, through September 30, 2003. The non - financial terms of the
renewal contract remain essentially the same.
Although the cost of legal services continues to be a substantial expense, the efforts of
staff, coupled with reciprocal efforts of the Firm, have produced a favorable experience
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POSITION PAPER
Board Meeting Date:
Subject: CONSIDER RENEWAL OF CONTRACT FOR LEGAL SERVICES WITH KENTON
L. ALM AND SELLAR, HAZARD, McNEELY, ALM & MANNING FOR THE PERIOD FROM
OCTOBER 1, 2000, THROUGH SEPTEMBER 30, 2003, AND AUTHORIZE THE BOARD
PRESIDENT TO EXECUTE THE CONTRACT
of general counsel legal expenses over the last three years. Litigation expenses are, of
course, more difficult to control and forecast due to the unpredictable nature of future
claims and litigation. Nonetheless, the recent resolution of several significant pieces of
litigation and the expected resolution of others suggests the possibility of a favorable
trend for claims and litigation in the immediate future. The Firm has been instrumental in
the District's recovery of reimbursement for certain legal expenses and losses incurred for
those lawsuits covered under prior insurance policies.
District Staff has negotiated a new provision to the contract for defined services as
provided by Mr. Alm and Sellar, Hazard, McNeely, Alm & Manning. This provision defines
certain customary services, as "retainer services" based on an evaluation of the previous
five years of service utilization. The "retainer services" will be billed on a flat blended rate
and based upon a projected number of hours of such services each month. These
services will include attendance at board meetings, agenda review meetings, CASA
conferences and legislative meetings, all telephone calls for the first twelve minutes and
assorted other reoccurring counsel functions. The District will continue to be billed on an
hourly basis for all services outside of the listed functions. Staff will review the cost
effectiveness of this arrangement at six months and one year to insure that the
compensation for "retained services" actually rendered is appropriate, both for the District
and the Firm. The contract will include a provision where the parameters of the fixed
blended rate arrangement may be adjusted during the course of the contract to reflect
actual usage of "retained services" or a changed circumstance.
RECOMMENDED BOARD ACTION: Consider approval and renewal of the contract for
District legal services and Counsel for the District services by Kenton L. Alm and Sellar,
Hazard, McNeely, Alm& Manning for the period from October 1, 2000, through June 30,
2003, and, if approved, authorize the Board President to execute the contract.
9/27/00
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Page 3 of 3
Central Contra Costa Sanitary District
/ 4-M �k BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 5, 2000 No.: 10.a. BUDGET AND FINANCE
Type of Action: BUDGET & FINANCE
Subject: AUTHORIZE AMENDMENT TO THE DEFERRED COMPENSATION PLAN
AGREEMENT WITH ICMA RETIREMENT CORPORATION
Submitted By: Initiating Dept. /Div.:
Debbie Ratcliff, Controller Administrative /Finance & Accounting
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
x�144
D. Ra off P. Morsen
104
harles W. Batts,
eneral Manager
ISSUE: Board authorization is needed to amend the Deferred Compensation Plan
Agreement with ICMA Retirement Corporation (ICMA).
RECOMMENDATION: The Deferred Compensation Plan Committee recommends that the
Board approve the attached amendment to the current Deferred Compensation Plan
Agreement with ICMA adding a sixth payment option which allows for payments of a
specified amount as well as an option for an annual cost of living increase.
115 10 F-1 0 51 F71111111TATT"Tat ��
ALTERNATIVES /CONSIDERATIONS: The Board could elect not to authorize the payment
option which allows the participant to choose a specified payment amount and the cost
of living adjustment, although this is not recommended.
BACKGROUND: The District established a Deferred Compensation Plan (Plan) covering all
full -time employees in January 1976. The Plan is administered by the District's Deferred
Compensation Plan Advisory Committee. Monthly contributions to Plan accounts are
made into designated investment options maintained by Hartford Life Insurance Company,
ICMA Retirement Corporation, and Nation Deferred.
The Internal Revenue Service (IRS) regulations applicable to Deferred Compensation Plans
do not allow for periodic distributions which increase substantially from year to year.
ICMA applied for and received a private letter ruling from the IRS which approved a cost
of living increase on an annual basis, tied to the Consumer Price Index (CPI), for retirees
receiving periodic payments from their account. The IRS ruled in this letter that CPI
adjustments did not constitute substantially increasing payments.
9/27/00
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POSITION PAPER
Board Meeting Date: October 5, 2000
subject: AUTHORIZE AMENDMENT TO THE DEFERRED COMPENSATION PLAN
AGREEMENT WITH ICMA RETIREMENT CORPORATION
To allow for the implementation of the cost of living adjustment, a sixth payment option
is required which allows for payments of a specified amount.
The recommended amendment to the Deferred Compensation Plan Agreement is attached.
RECOMMENDED BOARD ACTION: Approve the attached amendment to the current
Deferred Compensation Plan Agreement with ICMA adding a sixth payment option which
allows for payments of a specified amount as well as an option for an annual cost of living
increase and authorize the Board President to execute the amendment.
9/27/00
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AMENDMENT NO.1 TO
THE CENTRAL CONTRA COSTA SANITARY DISTRICT
DEFERRED COMPENSATION PLAN
(As Amended and Restated Effective January 1, 1998)
The Central Contra Costa Sanitary District Deferred Compensation Plan (as
Amended and Restated Effective January 1, 1998) (the "Plan ") is hereby amended as of
January 1, 2000 as set forth below.
1. There shall be added the following to Section 7.2(a) of the Plan:
Option 6. Payments of a specified amount. Amounts payable in equal
monthly, quarterly, semi - annual, or annual payments in an amount chosen
by the Participant, continuing until the Participant's account is exhausted.
2. There shall be added the following subsection to Section 7.2 of the Plan:
"7.2(c) On or after January 1, 2000, a Participant or Beneficiary who elects
to have benefits distributed pursuant to Section 7.2(a) above (in any form
other than Option 1) may additionally elect to have the installment
distribution automatically adjusted annually for a cost -of- living increase.
Such increase will be based on the rise, if any, in the Consumer Price
Index for All Urban Consumers (CPI -U) from the prior year. Any
increase will be made in periodic payment checks beginning the following
January. The first cost -of- living increase will be based on the rise in the
CPI -U from the beginning of the fourth quarter of 1999 to the end of the
third quarter of 2000, and will be applied to amounts paid commencing
January 2001. Successive increases shall be assessed in the same manner
each following year.
IN WITNESS WHEREOF, this Amendment No. 1 to the Plan has been
executed on this day of , 2000.
CENTRAL CONTRA COSTA SANITARY DISTRICT
Its:
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