HomeMy WebLinkAbout12/18/2003 AGENDA BACKUPCentral Contra Costa Sam ary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 18, 2003 No.: 3.a. CONSENT CALENDAR
Type of Action: ADOPT RESOLUTION; ACCEPT OFFER OF DEDICATION
subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FOR
THE EASEMENT SHOWN ON THE MAP OF SUBDIVISION NO. 8531,
JOB NO. 5651, PARCEL 2, CLYDE AREA.
Submitted By: Initiating Dept. /Div.:
Molly Mullin, Engineering Assistant III Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
Y4
Molly Mullin J. Miyamoto -Mills C. Swanson A. Farrel rtes . Ba .
General Man er
ISSUE: Board approval is required to accept offers of dedication and record
easements.
RECOMMENDATION: Adopt a resolution accepting public sewer improvements and
an offer of dedication for an easement, at no cost to the District, and authorize
recording of the easement acceptance.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: The Board of Directors routinely accepts easements and public
sewer improvements by resolution. The recommended resolution will accept an
easement that was required for recent public sewer extension in Amy Lane in Clyde.
The final subdivision map and public sewer improvements have been reviewed by
District staff and deemed in compliance with District standards.
RECOMMENDED BOARD ACTION: Adopt a resolution accepting public sewer
improvements and offer of dedication from Janin Associates, Job No. 5651, Parcel 2,
Clyde area, at no cost to the District. Authorize recording of the easement acceptance.
Page 1 of 2
UAPosition Papers \Mullin \5651 Sub PP.doc
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SUB 8531 JOB 5651
Page 2 of 2
Central Contra Costa Sant.dry District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 18, 2003 No.: 3.b. CONSENT CALENDAR
Type of Action: ADOPT RESOLUTION; ACCEPT OFFER OF DEDICATION
Subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FOR
THE EASEMENT SHOWN ON THE MAP OF SUBDIVISION NO. 8204,
JOB NO. 5386, PARCEL 2, DANVILLE AREA.
Submitted By: Initiating Dept /Div.:
Molly Mullin, Engineering Assistant III Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
M. Mullin J. Miyamoto -Mills C. Swanson A. Farrell arles W. atts,
General Manage
ISSUE: Board approval is required to accept offers of dedication and record
easements.
RECOMMENDATION: Adopt a resolution accepting public sewer improvements and
an offer of dedication for an easement, at no cost to the District, and authorize
recording of the easement acceptance.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND:. The Board of Directors routinely accepts easements and public
sewer improvements by resolution. The recommended resolution will accept an
easement that is required for the recent public sewer extension in Winfield Lane, in
Danville. The final subdivision map and public sewer improvements have been
reviewed by District staff and deemed in compliance with District standards.
RECOMMENDED BOARD ACTION: Adopt a resolution accepting public sewer
improvements and offer of dedication from Ryland Homes of California, Inc.,
Job No. 5386, Parcel 2, Danville area, at no cost to the District. Authorize recording of
the easement acceptance.
Page 1 of 2
UAPosition Papers \Resol -MM \5651 Sub Position Paper Dec18_03.doc
Central Contra Costa San,mary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 18, 2003 No.: 3.c. CONSENT CALENDAR
Type of Action: ADOPT RESOLUTION; AUTHORIZE AGREEMENT
Subject: ADOPT A RESOLUTION AUTHORIZING EXECUTION AND RECORDING
OF A COMMON USE AGREEMENT WITH THE TOWN OF DANVILLE FOR JOINT
USE OF AN EASEMENT WITHIN SUBDIVISION 8204 (JOB 806 - PARCEL 6 AND 9)
Submitted By: Jarred Miyamoto -Mills Initiating Dept/Div.:
Principal Engineer Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
J. Miyamoto -Mills
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C. Swanson
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A. Farrell
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K. Alm
General
ISSUE: The Board of Directors' authorization is required for the District to enter into
property agreements with other public agencies.
RECOMMENDATION: Adopt a resolution authorizing the President of the Board of
Directors and the Secretary of the District to execute, and the staff to record, a
Common Use Agreement between the District and the Town of Danville for joint use of
an easement within Subdivision 8204 (Job 806 — Parcels 6 and 9).
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: The Town of Danville required the developer of Subdivision 8204,
adjacent to La Gonda Way, to improve site drainage by installing a public storm drain to
replace a drainage swale that had previously served the property. The required new
storm drain is within a CCCSD 20 -foot wide sanitary sewer easement parallel to a
CCCSD 8 -inch diameter public main sewer. The 20 -foot easement can easily
accommodate the needs of both the Town and the District. Attachment 1 shows the
subdivision and the area of common use.
As one accommodation for joint use of the easement for sewer and storm drain
purposes, the developer was required to replace 285 feet of old vitrified clay main
sewer in the area of common use with ductile iron pipe as part of its site work.
Staff has negotiated a Common Use Agreement that recognizes the District's superior
rights in the easement and states the rights and responsibilities of the Town and the
District. In exchange for the District's consent to common use, Danville agrees to:
Page 1 of 3
U: \Position Papers\ Miyamoto - Mills \PPreJtUseAgree- Danvi lie. DOC
J
POSITION PAPER
Board Meeting Date: December 18, 2003
subject: ADOPT A RESOLUTION AUTHORIZING EXECUTION AND RECORDING
OF A COMMON USE AGREEMENT WITH THE TOWN OF DANVILLE FOR JOINT
USE OF AN EASEMENT WITHIN SUBDIVISION 8204 (JOB 806 - PARCEL 6 AND 9)
1) Coordinate all future storm drain work in the area of common use with the
District;
2) Pay all reasonable costs for repair of any damage to District facilities resulting
from its joint use of the easement;
3) Relocate any of its storm drain facilities as may be reasonably necessary to
accommodate the District's use of the easement;
4) Indemnify and defend the District from claims arising from the location or use of
the storm drain facilities within the easement;
5) Avoid any interference with the District's use of the easement;
6) Maintain the storm drain facilities in good, safe, and orderly condition; and,
7) Require any of its contractors working on the storm drain facilities to provide
proper insurance naming the District and its officers, directors, and employees as
additional insureds.
RECOMMENDED BOARD ACTION: Adopt a resolution authorizing the President of
the Board of Directors and the Secretary of the District to execute, and the staff to
record, a Common Use Agreement between the District and the Town of Danville for
joint use of an easement within Subdivision 8204 (Job 806 — Parcels 6 and 9).
Page 2 of 3
U: \Position Papers\ Miyamoto - Mills \PPreJtUseAgree- Danville.DOC
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ATTACHMENT
DANVILLE COMMON USE AGREEMENT
SUBDIVISION 8204 1
JOB 806 — PARCELS 6 & 9
Page 3 of 3
ING REQUES', BY
CENTRAL CONTRA COSTA
SANITARY DISTRICT
AFTER RECORDING RETURN TO
CENTRAL CONTRA COSTA
SANITARY DISTRICT
ENVIRONMENTAL SERVICES DIVISION
5019 IMHOFF PLACE
MARTINEZ, CA 94553 -4392
COMMON USE AGREEMENT
1. DATE AND PARTIES: Effective on
, 200_ Central Contra
Costa Sanitary District, a special district in the State of California (hereinafter called
"DISTRICT "), and the Town of Danville (hereinafter called "DANVILLE ") hereby mutually
agree, consent, promise and enter into this Common Use Agreement (hereinafter called
"Agreement ") as follows.
2. FACTS: DISTRICT owns and possesses certain property rights, hereinafter referred
to as the "DISTRICT's Easement" described in Exhibit A attached hereto and incorporated
herein by reference.
3. DANVILLE has acquired certain rights of way and easements for a storm sewer line,
hereinafter referred to as "DANVILLE's right of way," described in Exhibit B which is
attached hereto and by this reference incorporated herein.
4. DISTRICT's Easement preceded DANVILLE'S right of way. DANVILLE's right of
way occupies a portion of DISTRICT's Easement and is subject to said DISTRICT's
Easement, which said portion is hereinafter referred to as "Area of Common Use," which is
shown shaded in Exhibit C, attached hereto and by this reference incorporated herein.
5. DISTRICT hereby consents to the construction, reconstruction, maintenance or use
by DANVILLE of a storm sewer over, along and upon DISTRICT's Easement in the area of
common use, subject to DISTRICT's paramount rights to use said areas of common use
for all of the purposes for which DISTRICT's easement was acquired and to the terms and
Common Use Agreement Between the
Central Contra Costa Sanitary District
and the Town of Danville
Page 2 of 6
conditions herein contained. DISTRICT does not by this consent, and shall not be deemed
to, subordinate its rights in the area of common use to any use which DANVILLE shall
make of said area.
6. DANVILLE will use its best efforts to coordinate work in the area subject to this
Agreement, to accomplish any works of construction, reconstruction, maintenance, repairs
or modifications to its storm sewer facilities with no disruption to the DISTRICT.
7. All reasonable costs and expenses to repair any damage done to DISTRICT's
facilities by DANVILLE, or any other person or entity constructing, maintaining or using said
storm sewer facilities under DANVILLE's direction and control shall be paid for by
DANVILLE. All reasonable costs and expenses to repair any damage to the storm sewer
facilities caused by the DISTRICT, its agents, contractors or employees shall be paid for by
DISTRICT subject to the limitations on liability contained in Section 10 herein.
8. DANVILLE shall relocate, at DANVILLE's sole expense, any or all of the storm
sewer facilities within the Easement in a timely manner and at no cost to DISTRICT as may
be reasonably necessary to accommodate DISTRICT's construction, relocation, removal,
alteration, replacement, enlargement, repair, maintenance, or operation of DISTRICT's
pipelines.
9. When DISTRICT determines to undertake a project which shall necessitate the
relocation of any or all of the storm sewer facilities within DISTRICT's Easement,
DISTRICT shall notify DANVILLE of the need to relocate said facility. DANVILLE shall
submit a relocation plan to DISTRICT within sixty (60) calendar days of receipt of notice to
Common Use Agreement Between the
Central Contra Costa Sanitary District
and the Town of Danville
Page 3 of 6
relocate. DISTRICT shall review and comment on the plan within sixty (60) calendar days
of its receipt. DANVILLE shall modify the plan to incorporate DISTRICT's comments and
resubmit the plan for DISTRICT's approval. The approval by DISTRICT shall not be
unreasonably withheld. The work to relocate the storm sewer facilities may be included in
the DISTRICT's project.
10. DANVILLE shall defend, indemnify, save, and hold harmless the DISTRICT and its
Board of Directors, officers, and employees from any and all claims, costs, and liabilities for
any damages, including inverse condemnation damages, and injury or death arising from
or connected with the maintenance, construction, repair, reconstruction, alteration,
replacement, removal, location or use of any or all of the storm sewer facilities by
DANVILLE or by any other person or entity, except for such claims, costs and liabilities for
damages resulting from the DISTRICT's sole negligence or willful misconduct.
11. DANVILLE's use of the Easement pursuant to this Agreement, and the exercising of
any rights hereunder shall in no way interfere with DISTRICT's use of said lands including,
but not limited to, the maintenance, repair, construction, alteration, replacement, operation,
reconstruction, and removal of DISTRICT's facilities and appurtenances thereto. Nothing
herein contained shall be construed as a release or waiver of any claim for compensation
or damage which DISTRICT may have resulting from the construction of facilities or the
alteration of facilities by DANVILLE in such a manner as to interfere with DISTRICT's use
of said Easement.
Common Use Agreement Between the
Central Contra Costa Sanitary District
and the Town of Danville
Page 4 of 6
12. All facilities, structures, or improvements installed or located by DANVILLE within
DISTRICT's Easement shall at all times be maintained in good, safe and orderly condition
at DANVILLE's sole cost and expense. DANVILLE hereby agrees to defend, indemnify,
save and hold harmless the DISTRICT and its directors, officers, and employees from any
and all claims, costs and liabilities arising from or relating to any breach or claimed breach
of this section.
13. If any of the work undertaken by or on behalf of DANVILLE is let to a contractor,
DANVILLE shall require the contractor to provide evidence to the DISTRICT of
comprehensive general liability and vehicle insurance coverage. For all insurance the
amounts of insurance shall not be less than the following: single limit coverage applying to
bodily and personal injury liability and property damage, one million dollars ($1,000,000)
per occurrence. DANVILLE shall furnish DISTRICT with evidence of such coverage,
naming DISTRICT and its officers, directors and employees as additional insureds under
the policy as to the work and operations being performed in the DISTRICT's Easement.
The coverage shall not be canceled or materially altered unless thirty (30) days written
notice is first given to DISTRICT.
14. This Agreement and all of the terms and conditions herein contained shall inure to
the benefit of and be binding upon the heirs, successors, and assigns of the respective
parties hereto. Any revision to this Agreement will not be effective unless in writing,
executed by both parties.
15. This Agreement is intended to only address issues related to DISTRICT's
permission concerning the construction, use and maintenance of the storm sewerfacilities
Common Use Agreement Between the
Central Contra Costa Sanitary District
and the Town of Danville
Page 5 of 6
within the DISTRICT's Easement and to no other act or use by DANVILLE or others within
such easement. This Agreement shall not be construed to amend or modify the
DISTRICT's rights under the Easement.
16. All notices (including requests, demands, approvals or other communications) under
this Agreement shall be in writing.
a. Notice shall be sufficiently given for all purposes as follows:
(1) When delivered by first class mail, postage prepaid, notice shall be deemed
delivered five (5) business days after deposit in the United States Mail.
(2) When mailed by certified mail with return receipt requested, notice is
effective on receipt if delivery is confirmed by a return receipt.
(3) When delivered by overnight delivery by a nationally recognized overnight
courier, notice shall be deemed delivered one (1) business day after deposit
with that courier.
(4) When delivered by telecopy or similar means, notice shall be deemed
delivered one (1) business day after the day it was transmitted by telecopier
or similar means, provided that a transmission report is generated reflecting
the accurate transmission of the notices.
(5) When personally delivered to the recipient, notice shall be deemed delivered
on the date personally delivered.
Common Use Agreement Between the
Central Contra Costa Sanitary District
and the Town of Danville
Page 6 of 6
b. The place for delivery of all notices given under this Agreement shall be as follows:
DISTRICT: Curtis W. Swanson, Environmental Services Division Manager
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
Telephone - (925) 228 -9500
Facsimile - (925) 228 -4624
TOWN: Steven C. Lake, Development Services Director
Town of Danville
510 La Gonda Way
Danville, CA 94526
Telephone - (925) 314 -3319
Facsimile - (925) 838 -0360
or to such other addresses and facsimile numbers as either party may respectively
designate by written notice to the other.
TOWN OF DANVILLE CENTRAL CONTRA COSTA
SANITARY DISTRICT
By: By: G:
Pr ident of the Mard of Directors
By: By: �.
S c et ry of the D
Approved as to form: Approved a f m`
City Attorney Kenton L. Alm, Counsel for the District
ALL PARTIES MUST ATTACH APPROPRIATE ACKNOWLEDGMENT
Exhibit A
DISTRICT'S EASEMENT
PARCEL ONE
The exclusive sanitary sewer easement recorded November 20, 1961 in Book 3998 of
Official Records, page 118, Contra Costa County Records, described as follows:
Portion of Lot 5, as designated on the map entitled "La Vista Park, a Subdivision of a
portion of the Rancho San Ramon," which map was filed in the office of the Recorder of
the County of Contra Costa, State of California, on May 8, 1912 in Volume 7 of Maps,
at page 158, containing 0.0694 acres, more or less, described as follows:
A strip of land 20 feet in width, the western line of which is parallel with and 20 -feet
westerly, measured at right angles, from the eastern line, said eastern line being the
entire eastern line of the parcel of land described in the Guardian's deed to
George Brazil, et ux, recorded September 22, 1959, under Recorder's Series
No. 61805 in Book 3458 of Official Records, page 335.
The western line of said 20 -foot strip to be lengthened or shortened to extend entirely
across the said Brazil parcel (3458 OR 335).
U:\ ADMIN \BERTERA \DISTEASEMENTEXHA.DOC
Exhibit A
DISTRICT'S EASEMENT
PARCEL TWO
The exclusive sanitary sewer easement recorded November 20, 1961 in Book 3998 of
Official Records, page 120, Contra Costa County Records described as follows:
Portion of Lot 3, as designated on the map entitled "La Vista Park, a Subdivision of a
portion of the Rancho San Ramon," which map was filed in the office of the Recorder of
the County of Contra Costa, State of California, on May 8, 1912 in Volume 7 of Maps,
at page 158, containing 0.0722 acres, more or less, described as follows:
A strip of land 20 feet in width, the western line of which is parallel with and 20 -feet
westerly, measured at right angles, from the eastern line, said eastern line being the
entire eastern line of the parcel of land described in the deed from William F. Goebel, et
ux, to Harold R. Sproul, et ux, recorded October 17, 1949 under Recorder's Series
No. 37236 in Book 1448 of Official Records, page 11.
The western line of said 20 -foot strip to be lengthened or shortened to extend entirely
across the said Sproul parcel (1448 OR II).
U:\ ADMIN \BERTERA \DISTEASEMENTEXHA.DOC
Exhibit B
DANVILLE'S RIGHT OF WAY
The storm drain easement (S.D.E.) across the eastern 6.100 meters (20 feet) of
Lots 21 through 29, as said Lots are shown on the Final Map of Subdivision 8204,
"Ryland Cottages" recorded June 16, 1999, in Book 411 of Maps, page 22 of Official
Records of Contra Costa County.
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Central Contra Costa
Sanitary District
DANVILLE COMMON USE AGREEMENT
SUBDIVISION 8204
JOB 806
EXHIBIT
C
Central Contra Costa Sanitary District
December 12, 2003
TO: THE HONORABLE BOARD OF DIRECTORS 7�r3
"y l
FROM: JARRED MIYAMOTO- MILLS, PRINCIPAL ENGINEER �
SUBJECT: PROPOSED COMMON USE AGREEMENT WITH THE TOWN OF
DANVILLE
I have attached the subject proposed agreement between the District and the Town of
Danville for your information and consideration. In a Position Paper on the agenda for the
December 18, 2003 regular Board Meeting, staff recommends adoption of a resolution
authorizing execution and recording of the agreement.
If you have any questions regarding the proposed agreement, please call me at (925) 229-
7335, or Curt Swanson at (925) 229 -7336.
JM2:
Attachment
File: Easements — Job 806
cc: Chuck Batts
Joyce Murphy
Ann Farrell
Curt Swanson
TAAdmin\IMiyamoto- Mills\Real Property \CUA trans to BOD.doc
RECORDED AT REQUEST OF:
AFTER RECORDING, RETURN TO:
Central Contra Costa Sanitary District
Engineering Department
Environmental Services Division
5019 Imhoff Place
Martinez, CA 94553
Attention: Jarred Miyamoto -Mills
COMMON USE AGREEMENT
1 . DATE AND PARTIES: Effective on Central Contra Costa Sanitary District,
a special district in the State of California (hereinafter called "DISTRICT "), and the Town
of Danville (hereinafter called "DANVILLE ") hereby mutually agree, consent, promise and
enter into this Common Use Agreement (hereinafter called "Agreement ") as follows.
2. FACTS: DISTRICT owns and possesses certain property rights, hereinafter referred
to as the "DISTRICT's Easement" described in Exhibit A attached hereto and incorporated
herein by reference.
3. DANVILLE has acquired certain rights of way and easements for a storm sewer line,
hereinafter referred to as "DANVILLE's right of way," described in Exhibit B which is
attached hereto and by this reference incorporated herein.
4. DISTRICT's Easemenf preceded DANVILLE'S right of way. DANVILLE's right of
1
way occupies a portion of DISTRICT's Easement and is subject to said DISTRICT's
Easement, which said portion is hereinafter referred to as "Area of Common Use," which
is shown shaded in Exhibit C, attached hereto and by this reference incorporated herein.
5. DISTRICT hereby consents to the construction, reconstruction, maintenance or use
by DANVILLE of a storm sewer over, along and upon DISTRICT's Easement in the area
of common use, subject to DISTRICT's paramount rights to use said areas of common use
for all of the purposes for which DISTRICT's easement was acquired and to the terms and
conditions herein contained. DISTRICT does not by this consent, and shall not be deemed
to, subordinate its rights in the area of common use to any use which DANVILLE shall
make of said area.
6. DANVILLE will use its best efforts to coordinate work in the area subject to this
Agreement, to accomplish any works of construction, reconstruction, maintenance,
repairs or modifications to its storm sewer facilities with no disruption to the DISTRICT.
7. All reasonable costs and expenses to repair any damage done to DISTRICT's
facilities by DANVILLE, or any other person or entity constructing, maintaining or using
said storm sewer facilities under DANVILLE's direction and control shall be paid for by
DANVILLE. All reasonable costs and expenses to repair any damage to the storm sewer
facilities caused by the DISTRICT, its agents, contractor or employees shall be paid for by
DISTRICT subject to the limitations on liability contained in Section 8 herein.
2
8. DANVILLE shall relocate, at DANVILLE's sole expense, any or all of the storm
sewer facilities within the Easement in a timely manner and at no cost to DISTRICT as
may be reasonably necessary to accommodate DISTRICT's construction, relocation,
removal, alteration, replacement, enlargement, repair, maintenance, or operation of
DISTRICT's pipelines.
9. When DISTRICT determines to undertake a project which shall necessitate the
relocation of any or all of the storm sewer facilities within DISTRICT's Easement,
DISTRICT shall notify DANVILLE of the need to relocate said facility. DANVILLE shall
submit a relocation plan to DISTRICT within sixty (60) calendar days of receipt of notice
to relocate. DISTRICT shall review and comment on the plan within sixty (60) calendar
days of its receipt. DANVILLE shall modify the plan to incorporate DISTRICT's comments
and resubmit the plan for DISTRICT's approval. The approval by DISTRICT shall not be
unreasonably withheld. The work to relocate the storm sewer facilities may be included
in the DISTRICT's project.
10. DANVILLE shall defend, indemnify, save, and hold harmless the DISTRICT and its
Board of Directors, officers, and employees from any and all claims, costs, and liabilities
for any damages, including inverse condemnation damages, and injury or death arising
from or connected with the maintenance, construction, repair, reconstruction, alteration,
replacement, removal, location or use of any or all of the storm sewer facilities by
3
DANVILLE or by any other person or entity, except for such claims, costs and liabilities
for damages resulting from the DISTRICT's sole negligence or willful misconduct.
11. DANVILLE's use of the Easement pursuant to this Agreement, and the exercising
of any rights hereunder shall in no way interfere with DISTRICT's use of said lands
including, but not limited to, the maintenance, repair, construction, alteration,
replacement, operation, reconstruction, and removal of DISTRICT's facilities and
appurtenances thereto. Nothing herein contained shall be construed as a release or waiver
of any claim for compensation or damage which DISTRICT may have resulting from the
construction of facilities or the alteration of facilities by DANVILLE in such a manner as
to interfere with DISTRICT's use of said Easement.
12. All facilities, structures, or improvements installed or located by DANVILLE within
DISTRICT's Easement shall at all times be maintained in good, safe and orderly condition
at DANVILLE's sole cost and expense. DANVILLE hereby agrees to defend, indemnify,
save and hold harmless the DISTRICT and its directors, officers, and employees from any
and all claims, costs and liabilities arising from or relating to any breach or claimed breach
of this section.
13. If any of the work undertaken by or on behalf of DANVILLE is let to a contractor,
DANVILLE shall require the contractor to provide evidence to the DISTRICT of
comprehensive general liability and vehicle insurance coverage. For all insurance the
!1
amounts of insurance shall not be less than the following: single limit coverage applying
to bodily and personal injury liability and property damage, one million dollars per
occurrence. DANVILLE shall furnish DISTRICT with evidence of such coverage, naming
DISTRICT and its officers, directors and employees as additional insureds under the policy
as to the work and operations being performed in the Easement. The coverage shall not
be canceled or materially altered unless thirty (30) days written notice is first given to
DISTRICT.
14. This Agreement and all of the terms and conditions herein contained shall inure to
the benefit of and be binding upon the heirs, successors, and assigns of the respective
parties hereto. Any revision to this Agreement will not be effective unless in writing,
executed by both parties.
15. This Agreement is intended to only address issues related to DISTRICT's permission
concerning the construction, use and maintenance of the storm sewer facilities within the
DISTRICT's Easement and to no other act or use by DANVILLE or others within such
Easement. This Agreement shall not be construed to amend or modify the DISTRICT's
rights under the Easement.
16. All notices (including requests, demands, approvals or other communications) under
this Agreement shall be in writing.
5
a. Notice shall be sufficiently given for all purposes as follows:
(1) When delivered by first class mail, postage prepaid, notice shall be
deemed delivered five (5) business days after deposit in the United
States Mail.
(2) When mailed by certified mail with return receipt requested, notice
is effective on receipt if delivery is confirmed by a return receipt.
(3) When delivered by overnight delivery by a nationally recognized
overnight courier, notice shall be deemed delivered one (1) business
day after deposit with that courier.
(4) When delivered by telecopy or similar means, notice shall be deemed
delivered one (1) business day after the day it was transmitted by
telecopier or similar means, provided that a transmission report is
generated by reflecting the accurate transmission of the notices.
(5) When personally delivered to the recipient, notice shall be deemed
delivered on the date personally delivered.
1,
b. The place for delivery of all notices given under this Agreement shall be as
follows:
DISTRICT: Curtis W. Swanson
Division Manager
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
Telephone - (925) 228 -9500
Facsimile - (925) 228 -4624
TOWN: Steven C. Lake
Development Services Director
510 La Gonda Way
Danville, CA 94526
Telephone - (925)324 -3319
Facsimile - (925)838 -0360
or to such other addresses and facsimile numbers as any party may respectively designate
by written notice to the others.
TOWN OF DANVILLE
M
CENTRAL CONTRA COSTA
SANITARY DISTRICT
By: ---------------------------
President of the Board of Directors
Secretary of the District
ALL PARTIES MUST ATTACH APPROPRIATE ACKNOWLEDGMENT
7
Exhibit A
DISTRICT'S EASEMENT
PARCEL ONE
The exclusive sanitary sewer easement recorded November 20, 1961 in Book 3998 of
Official Records, page 118, Contra Costa County Records, described as follows:
Portion of Lot 5, as designated on the map entitled "La Vista Park, a Subdivision of a
portion of the Rancho San Ramon ", which map was filed in the office of the Recorder
of the County of Contra Costa, State of California, on May 8, 1912 in Volume 7 of
Maps, at page 158, containing 0.0694 acres, more or less, described as follows:
A strip of land 20 feet in width, the western line of which is parallel with and 20 feet
westerly, measured at right angles, from the eastern line, said eastern line being the
entire eastern line of the parcel of land described in the Guardian's deed to George
Brazil, et ux, recorded September 22, 1959, under Recorder's Series No. 61805 in
book 3458 of Official Records, page 335.
The western line of said 20 foot strip to be lengthened or shortened to extend entirely
across the said Brazil parcel (3458 OR 335).
U:\ Admin \Bertera \DistEasementExhA.wpd
Exhibit A
DISTRICT'S EASEMENT
PARCEL TWO
The exclusive sanitary sewer easement recorded November 20, 1961 in Book 3998 of
Official Records, page 120, Contra Costa County Records described as follows:
Portion of Lot 3, as designated on the map entitled "La Vista Park, a Subdivision of a
portion of the Rancho San Ramon ", which map was filed in the office of the Recorder
of the County of Contra Costa, State of California, on May 8, 1912 in Volume 7 of
Maps, at page 158, containing 0.0722 acres, more or less, described as follows:
A strip of land 20 feet in width, the western line of which is parallel with and 20 feet
westerly, measured at right angles, from the eastern line, said eastern line being the
entire eastern line of the parcel of land described in the deed from William F. Goebel, et
ux, to Harold R. Sproul, et ux, recorded October 17, 1949 under Recorder's Series No.
37236 in book 1448 of Official Records, page 11.
The western line of said 20 foot strip to be lengthened or shortened to extend entirely
across the said Sproul parcel (1448 OR I0.
U:\ Admin \Bertera \DistEasementExhA.wpd
Exhibit B
DANVILLE'S RIGHT OF WAY
The storm drain easement (S.D.E.) across the eastern 6.100 meters (20 feet) of Lots
21 through 29, as said Lots are shown on the Final Map of Subdivision 8204, "Ryland
Cottages" recorded June 16, 1999, in Book 411 of Maps, page 22 of Official Records
of Contra Costa County.
U:\ Admin \Bertera \DistEasementExhA.wpd
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Central Contra Costa EXHIBIT
Sanitary District DANVILLE COMMON USE AGREEMENT
SUBDIVISION 8204
' c
JOB 806
' Central Contra Costa Sanitar y District
5019 Imhoff Place, Martinez, Ca 94553 (925) 228 -9500 • www.centralsan.org
FAX: (925) 228 -4624
CHARLES W BATTS
General Manager
KENTON L. ALM
January 7, 2004 Counsel(;0) the District
808-2000
JOYCE E. MURPHY
Secretary of the District
Mr. Steven C. Lake, Development Services Director
Town of Danville
510 La Gonda Way
Danville, CA 94526
Dear Mr. Lake:
COMMON USE AGREEMENT FOR EASEMENT IN SUBDIVISION 8204
(CCCSD JOB NO. 806 - PARCELS 6 AND 9; CCCSD GRID LOCATION: 98C1)
The Central Contra Costa Sanitary District (CCCSD) Board of Directors approved
and signed the subject agreement at their regular meeting on December 18,
2003. Duplicate originals of the document are enclosed for execution by the
Town of Danville. Once both "originals" have been signed on behalf of the Town,
and Notary's Acknowledgements have been attached, please return one of the
originals to me, and retain the other for your file.
I have also included a copy of the staff report to the CCCSD Board for your
information. If you have questions, please call me at (925) 229 -7335.
Sincerely, qk -41
Jarred Miyamoto -Mills
Principal Engineer
JM2:cn
Enclosures
U:\Admin\Miyamoto-Mills\Lefters\DanvilleCommonUseTrans.doc
® Recycled Paper
_ Central Contra Costa Sarr,nrary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 18, 2003 No.: 3.c. CONSENT CALENDAR
Type of Action: ADOPT RESOLUTION; AUTHORIZE AGREEMENT
Subject: ADOPT A RESOLUTION AUTHORIZING EXECUTION AND RECORDING
OF A COMMON USE AGREEMENT WITH THE TOWN OF DANVILLE FOR JOINT
USE OF AN EASEMENT WITHIN SUBDIVISION 8204 (JOB 806 - PARCEL 6 AND 9)
Submitted By: Jarred Miyamoto -Mills InitiatingDepUDiv.:
Principal Engineer Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
J. Miyamoto-wils C. Swanson A. Farrell K. Alm C rtes a
General Manag
ISSUE: The Board of Directors' authorization is required for the District to enter into
property agreements with other public agencies.
RECOMMENDATION: Adopt a resolution authorizing the President of the Board of
Directors and the Secretary of the District to execute, and the staff to record, a
Common Use Agreement between the District and the Town of Danville for joint use of
an easement within Subdivision 8204 (Job 806 — Parcels 6 and 9).
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: The Town of Danville required the developer of Subdivision 8204,
adjacent to La Gonda Way, to improve site drainage by installing a public storm drain to
replace a drainage Swale that had previously served the property. The required new
storm drain is within a CCCSD 20 -foot wide sanitary sewer easement parallel to a
CCCSD 8 -inch diameter public main sewer. The 20 -foot easement can easily
accommodate the needs of both the Town and the District. Attachment 1 shows the
subdivision and the area of common use.
As one accommodation for joint use of the easement for sewer and storm drain
purposes, the developer was required to replace 285 feet of old vitrified clay main
sewer in the area of common use with ductile iron pipe as part of its site work.
Staff has negotiated a Common Use Agreement that recognizes the District's superior
. rights in the easement and states the rights and responsibilities of the Town and the
District. In exchange for the District's consent to common use, Danville agrees to:
Page 1 of 3
UAPosition Papers\ Miyamoto- Milis \PPreJtUseAgree- Danville. DOC
r ,
POSITION PAPER
Board Meeting Date: December 18, 2003
subject: ADOPT A RESOLUTION AUTHORIZING EXECUTION AND RECORDING
OF A COMMON USE AGREEMENT WITH THE TOWN OF DANVILLE FOR JOINT
USE OF AN EASEMENT WITHIN SUBDIVISION 8204 (JOB 806 - PARCEL 6 AND 9)
1) Coordinate all future storm drain work in the area of common use with the
District;
2) Pay all reasonable costs for repair of any damage to District facilities resulting
from its joint use of the easement;
3) Relocate any of its storm drain facilities as may be reasonably necessary to
accommodate the District's use of the easement;
4) Indemnify and defend the District from claims arising from the location or use of
the storm drain facilities within the easement;
5) Avoid any interference with the District's use of the easement;
1* 6) Maintain the storm drain facilities in good, safe, and orderly condition; and,
•
7) Require any of its contractors working on the storm drain facilities to provide
proper insurance naming the District and its officers, directors, and employees as
additional insureds.
RECOMMENDED BOARD ACTION: Adopt a resolution authorizing the President of
the Board of Directors and the Secretary of the District to execute, and the staff to
record, a Common Use Agreement between the District and the Town of Danville for
joint use of an easement within Subdivision 8204 (Job 806 — Parcels 6 and 9).
UAPosition Papers\ Miyamoto-Mills \PPreJtUseAgree- Danville.DOC
Page 2 of 3
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ATTACHMENT
DANVILLE COMMON USE AGREEMENT
SUBDIVISION 8204 1
JOB 806 — PARCELS 6 & 9
Page 3 of 3
RECORDING REQUEF 'D BY
CENTRAL CONTRA COSTA
SANITARY DISTRICT
AFTER RECORDING RETURN TO
CENTRAL CONTRA COSTA
SANITARY DISTRICT
ENVIRONMENTAL SERVICES DIVISION
5019 IMHOFF PLACE
MARTINEZ, CA 94553 -4392
COMMON USE AGREEMENT
1. DATE AND PARTIES: Effective on
, 200_ Central Contra
Costa Sanitary District, a special district in the State of California (hereinafter called
"DISTRICT "), and the Town of Danville (hereinafter called "DANVILLE ") hereby mutually
agree, consent, promise and enter into this Common Use Agreement (hereinafter called
"Agreement ") as follows.
2. FACTS: DISTRICT owns and possesses certain property rights, hereinafter referred
to as the "DISTRICT's Easement" described in Exhibit A attached hereto and incorporated
herein by reference.
3. DANVILLE has acquired certain rights of way and easements for a storm sewer line,
hereinafter referred to as "DANVILLE's right of way," described in Exhibit B which is
attached hereto and by this reference incorporated herein.
4. DISTRICT's Easement preceded DANVILLE'S right of way. DANVILLE's right of
way occupies a portion of DISTRICT's Easement and is subject to said DISTRICT's
Easement, which said portion is hereinafter referred to as "Area of Common Use," which is
shown shaded in Exhibit C, attached hereto and by this reference incorporated herein.
5. DISTRICT hereby consents to the construction, reconstruction, maintenance or use
by DANVILLE of a storm sewer over, along and upon DISTRICT's Easement in the area of
common use, subject to DISTRICT's paramount rights to use said areas of common use
for all of the purposes for which DISTRICT's easement was acquired and to the terms and
Common Use Agreement Between the
Central Contra Costa Sanitary District
and the Town of Danville
Page 2 of 6
conditions herein contained. DISTRICT does not by this consent, and shall not be deemed
to, subordinate its rights in the area of common use to any use which DANVILLE shall
make of said area.
6. DANVILLE will use its best efforts to coordinate work in the area subject to this
Agreement, to accomplish any works of construction, reconstruction, maintenance, repairs
or modifications to its storm sewer facilities with no disruption to the DISTRICT.
7. All reasonable costs and expenses to repair any damage done to DISTRICT's
facilities by DANVILLE, or any other person or entity constructing, maintaining or using said
storm sewer facilities under DANVILLE's direction and control shall be paid for by
DANVILLE. All reasonable costs and expenses to repair any damage to the storm sewer
facilities caused by the DISTRICT, its agents, contractors or employees shall be paid for by
DISTRICT subject to the limitations on liability contained in Section 10 herein.
8. DANVILLE shall relocate, at DANVILLE's sole expense, any or all of the storm
sewer facilities within the Easement in a timely manner and at no cost to DISTRICT as may
be reasonably necessary to accommodate DISTRICT's construction, relocation, removal,
alteration, replacement, enlargement, repair, maintenance, or operation of DISTRICT's
pipelines.
9. When DISTRICT determines to undertake a project which shall necessitate the
relocation of any or all of the storm sewer facilities within DISTRICT's Easement,
DISTRICT shall notify DANVILLE of the need to relocate said facility. DANVILLE shall
submit a relocation plan to DISTRICT within sixty (60) calendar days of receipt of notice to
Common Use Agreement Between the
Central Contra Costa Sanitary District
and the Town of Danville
Page 3 of 6
relocate. DISTRICT shall review and comment on the plan within sixty (60) calendar days
of its receipt. DANVILLE shall modify the plan to incorporate DISTRICT's comments and
resubmit the plan for DISTRICT's approval. The approval by DISTRICT shall not be
unreasonably withheld. The work to relocate the storm sewer facilities may be included in
the DISTRICT's project.
10. DANVILLE shall defend, indemnify, save, and hold harmless the DISTRICT and its
Board of Directors, officers, and employees from any and all claims, costs, and liabilities for
any damages, including inverse condemnation damages, and injury or death arising from
or connected with the maintenance, construction, repair, reconstruction, alteration,
replacement, removal, location or use of any or all of the storm sewer facilities by
DANVILLE or by any other person or entity, except for such claims, costs and liabilities for
damages resulting from the DISTRICT's sole negligence or willful misconduct.
11. DANVILLE's use of the Easement pursuant to this Agreement, and the exercising of
any rights hereunder shall in no way interfere with DISTRICT's use of said lands including,
but not limited to, the maintenance, repair, construction, alteration, replacement, operation,
reconstruction, and removal of DISTRICT's facilities and appurtenances thereto. Nothing
herein contained shall be construed as a release or waiver of any claim for compensation
or damage which DISTRICT may have resulting from the construction of facilities or the
alteration of facilities by DANVILLE in such a manner as to interfere with DISTRICT's use
of said Easement.
Common Use Agreement Between the
Central Contra Costa Sanitary District
and the Town of Danville
Page 4 of 6
12. All facilities, structures, or improvements installed or located by DANVILLE within
DISTRICT's Easement shall at all times be maintained in good, safe and orderly condition
at DANVILLE's sole cost and expense. DANVILLE hereby agrees to defend, indemnify,
save and hold harmless the DISTRICT and its directors, officers, and employees from any
and all claims, costs and liabilities arising from or relating to any breach or claimed breach
of this section.
13. If any of the work undertaken by or on behalf of DANVILLE is let to a contractor,
DANVILLE shall require the contractor to provide evidence to the DISTRICT of
comprehensive general liability and vehicle insurance coverage. For all insurance the
amounts of insurance shall not be less than the following: single limit coverage applying to
bodily and personal injury liability and property damage, one million dollars ($1,000,000)
per occurrence. DANVILLE shall furnish DISTRICT with evidence of such coverage,
naming DISTRICT and its officers, directors and employees as additional insureds under
the policy as to the work and operations being performed in the DISTRICT's Easement.
The coverage shall not be canceled or materially altered unless thirty (30) days written
notice is first given to DISTRICT.
14. This Agreement and all of the terms and conditions herein contained shall inure to
the benefit of and be binding upon the heirs, successors, and assigns of the respective
parties hereto. Any revision to this Agreement will not be effective unless in writing,
executed by both parties.
15. This Agreement is intended to only address issues related to DISTRICT's
permission concerning the construction, use and maintenance of the storm sewerfacilities
Common Use Agreement Between the
Central Contra Costa Sanitary District
and the Town of Danville
Page 5 of 6
within the DISTRICT's Easement and to no other act or use by DANVILLE or others within
such easement. This Agreement shall not be construed to amend or modify the
DISTRICT's rights under the Easement.
16. All notices (including requests, demands, approvals or other communications) under
this Agreement shall be in writing.
a. Notice shall be sufficiently given for all purposes as follows:
(1) When delivered by first class mail, postage prepaid, notice shall be deemed
delivered five (5) business days after deposit in the United States Mail.
(2) When mailed by certified mail with return receipt requested, notice is
effective on receipt if delivery is confirmed by a return receipt.
(3) When delivered by overnight delivery by a nationally recognized overnight
courier, notice shall be deemed delivered one (1) business day after deposit
with that courier.
(4) When delivered by telecopy or similar means, notice shall be deemed
delivered one (1) business day after the day it was transmitted by telecopier
or similar means, provided that a transmission report is generated reflecting
the accurate transmission of the notices.
(5) When personally delivered to the recipient, notice shall be deemed delivered
on the date personally delivered.
Common Use Agreement Between the
Central Contra Costa Sanitary District
and the Town of Danville
Page 6 of 6
b. The place for delivery of all notices given under this Agreement shall be as follows:
DISTRICT: Curtis W. Swanson, Environmental Services Division Manager
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
Telephone - (925) 228 -9500
Facsimile - (925) 228 -4624
TOWN: Steven C. Lake, Development Services Director
Town of Danville
510 La Gonda Way
Danville, CA 94526
Telephone - (925) 314 -3319
Facsimile - (925) 838 -0360
or to such other addresses and facsimile numbers as either party may respectively
designate by written notice to the other.
TOWN OF DANVILLE CENTRAL CONTRA COSTA
SANITARY DISTRICT
By: By: C
Pr ident of the Bo d -of Directors
B B.
Y• Y•
S c tarn of the Dis is
Approved as to form: Ap
City Attorney Kenton . Alm, Coun'serfor the District
ALL PARTIES MUST ATTACH APPROPRIATE ACKNOWLEDGMENT
Exhibit A
DISTRICT'S EASEMENT
PARCEL ONE
The exclusive sanitary sewer easement recorded November 20, 1961 in Book 3998 of
Official Records, page 118, Contra Costa County Records, described as follows:
Portion of Lot 5, as designated on the map entitled "La Vista Park, a Subdivision of a
portion of the Rancho San Ramon," which map was filed in the office of the Recorder of
the County of Contra Costa, State of California, on May 8, 1912 in Volume 7 of Maps,
at page 158, containing 0.0694 acres, more or less, described as follows:
A strip of land 20 feet in width, the western line of which is parallel with and 20 -feet
westerly, measured at right angles, from the eastern line, said eastern line being the
entire eastern line of the parcel of land described in the Guardian's deed to
George Brazil, et ux, recorded September 22, 1959, under Recorder's Series
No. 61805 in Book 3458 of Official Records, page 335.
The western line of said 20 -foot strip to be lengthened or shortened to extend entirely
across the said Brazil parcel (3458 OR 335).
U:\ ADMIN \BERTERA \DISTEASEMENTEXHA.DOC
Exhibit A
DISTRICT'S EASEMENT
PARCEL TWO
The exclusive sanitary sewer easement recorded November 20, 1961 in Book 3998 of
Official Records, page 120, Contra Costa County Records described as follows:
Portion of Lot 3, as designated on the map entitled "La Vista Park, a Subdivision of a
portion of the Rancho San Ramon," which map was filed in the office of the Recorder of
the County of Contra Costa, State of California, on May 8, 1912 in Volume 7 of Maps,
at page 158, containing 0.0722 acres, more or less, described as follows:
A strip of land 20 feet in width, the western line of which is parallel with and 20 -feet
westerly, measured at right angles, from the eastern line, said eastern line being the
entire eastern line of the parcel of land described in the deed from William F. Goebel, et
ux, to Harold R. Sproul, et ux, recorded October 17, 1949 under Recorder's Series
No. 37236 in Book 1448 of Official Records, page II.
The western line of said 20 -foot strip to be lengthened or shortened to extend entirely
across the said Sproul parcel (1448 OR II).
U: IADMINIBERTERAIDISTEASEMENTEXHA .DOC
Exhibit B
DANVILLE'S RIGHT OF WAY
The storm drain easement (S.D.E.) across the eastern 6.100 meters (20 feet) of
Lots 21 through 29, as said Lots are shown on the Final Map of Subdivision 8204,
"Ryland Cottages" recorded June 16, 1999, in Book 411 of Maps, page 22 of Official
Records of Contra Costa County.
U:\ ADMIN \BERTERA \DISTEASEMENTEXHA.DOC
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EXHIBIT
DANVILLE COMMON USE AGREEMENT
SUBDIVISION 8204
JOB 806
C
- Central Contra Costa Sanr ary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 18, 2003 No.: 3.d. CONSENT CALENDAR
Type of Action: APPROVE COMMON USE AGREEMENT
Subject: APPROVE A RIGHT -OF -WAY, COMMON USE AGREEMENT WITH EAST
BAY MUNICIPAL UTILITY DISTRICT FOR COMMON USE OF AN EXCLUSIVE
SANITARY SEWER EASEMENT THROUGH BROOKSIDE ROAD, A PRIVATE
ROAD IN ORINDA, DISTRICT JOB NO. 2251
Submitted By.
Ricardo Hernandez
Senior Engineering Assistant
Initiating Dept. /Div.:
Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTT N:
R. Hernandez . T om C. Swanson A. Farrell
General
ISSUE: The Board of Directors must approve by resolution all Consent to Common
Use Agreements.
RECOMMENDATION: Approve and authorize recordation of the Consent to Common
Use Agreement with East Bay Municipal Utility District ( EBMUD).
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: The proposed EBMUD pipeline alignment has
been reviewed by engineering staff, and it has been determined that no major conflict
exists with existing CCCSD facilities. Additionally, Counsel has reviewed the Consent
to Common Use document.
BACKGROUND: In 1972, the District accepted an exclusive 40- feet -wide easement
over the road commonly known as Brookside Road in Orinda (map attached). The
District typically obtains easements over the entire width of private roads in order to
facilitate future maintenance and records them as nonexclusive to allow other utilities
through the same road. In this case, the easement was obtained as an exclusive
easement. The reason for this deviation from our standard practice is unclear.
EBMUD has developed plans to install a water main through this road and is requesting
the District to enter into a Common Use Agreement in order to obtain all necessary
rights for their project.
RECOMMENDED BOARD ACTION: Adopt a resolution approving the Consent to
Common Use Agreement with EBMUD and authorize staff to record said Agreement
with the County Recorder.
U: \Position Papers \Hernandez R \EBMUD.PPR.doc
Page 1 of 2
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Attachment
MAP
d
RECORDING REQUESTED BY
East Bay Municipal Utility District
AND WHEN RECORDED MAIL TO
East Bay Municipal Utility District
Post Office Box 24055 MS 903
Oakland, California 94623
Attn: Paul G. Kenny
SPACE ABOVE THIS LINE FOR RECORDER'S USE
The grantee hereby declares this instrument to be exempt from Recording Fees (Govt. Code 027383) and Documentary Transfer Tax (Revenue
and Taxation Code � 11922).
APN: 273 - 140 -011
R/W: 4949
CONSENT TO COMMON USE AGREEMENT
THIS AGREEMENT entered into this day of , 2003, by and between CENTRAL
CONTRA COSTA SANITARY DISTRICT, a special district in the State of California, hereinafter called
"CCCSD" and EAST BAY MUNICIPAL UTILITY DISTRICT, a public corporation organized and
existing under the laws of the State of California, hereinafter called "DISTRICT ".
WITNESSETH:
WHEREAS, CCCSD is in possession of a certain exclusive easement, hereinafter referred to as
"CCCSD'S easement ", and described as follows:
All that real property in the County of Contra Costa, State of California, described as follows:
A portion of the land shown on the map of Sectionization of Part of Rancho Laguna De Los Palos
Colorados, filed August 8, 1916, in Book 15 of Maps, at 'page 308, in the office of the County Recorder of
Contra Costa County, described as follows:
A strip of land 40 feet in width, the northwestern line of which is parallel with and 40 feet northwesterly,
measured at right angles, to the southeastern thereof, the southeastern line of which is the southeastern
boundary of the parcel of land granted to John McDonnell and Mary C. McDonnell, his wife, in the
EXECUTRIX DEED, filed May 7, 1965, in Book 4863 of Official Records, at page 451, in the office of
the County Recorder of Contra Costa County (4863 -OR -451), the eastern terminous of which is the
northeastern line of said McDonnell parcel (4863 -OR -451), said southeastern line being described as
follows:
Beginning at the most eastern corner of the McDonnell parcel (4863 -OR -451); thence along the
southeastern boundary of said McDonnell parcel (4863 -OR -451) S 43 °2948" W 19.41 feet; thence S
43 059' W 147.82 feet, thence S 55'15'W 229.01 feet; thence N 87'39'W 105.87 feet to the southwestern
corner of said McDonnell parcel (4863 -OR -451), recorded on December 15, 1972 in book 6822, page 336
in the office of the County Recorder of Contra Costa County and
WHEREAS, DISTRICT is required to provide water service to residents in the City of Orinda and
shall attempt to acquire a Grant of Easement over all or a portion of CCCSD'S easement for the purpose of
laying down, constructing, reconstructing, removing, replacing, repairing, maintaining, operating and
using, as the DISTRICT may see fit, for the transmission and distribution of water, a pipe or pipelines and
all appurtenances, and
WHEREAS, the DISTRICT'S facilities shall be installed in the following described area (and as
shown on Exhibit A) and shall occupy all or a portion of aforementioned CCCSD'S easement area:
ALL that real property situated in the State of California, County of Contra Costa, City of Orinda,
described as follows:
A strip of land, 25.00 feet in width, being a portion of that parcel of land shown on the Record of Survey
Lot Line Adjustment LLA 5 -87, filed October 26, 1987 in Book 85 of L.S.M. at Page 1 of Contra Costa
County Records, the northerly line of which is described as follows:
Commencing at the Southwest comer of said Record of Survey (85 LSM 1), being the westerly terminus of
that line shown as " N 87 '39'W, 119.09'" on said Record of Survey (85 LSM 1); Thence North
22 °26'11" West, along the westerly line of said Record of Survey (85 LSM 1), 44.06 feet to the True Point
of Beginning;
THENCE, leaving said westerly line, the following five courses: South 87 °39'00" East, 80.50 feet; thence
North 66 °24'23" East, 94.15 feet; thence
North 56 °16' 51" East, 143.55 feet; thence
North 5104111911 East, 73.37 feet; thence
North 46 °19'22" East, 102.81 feet more or less to the easterly line of said Record of Survey (85 LSM 1),
being the west line of Moraga Way, a Public Roadway.
The south line of this described 25 -foot wide strip shall be limited in its easterly and its westerly extensions
by the boundary of said Record of Survey (85 LSM 1).
Excepting all that Real Property described in that Grant of Easement to East Bay Municipal Utility District,
recorded August 1, 1991 in Book 16777 of Official Records of Contra Costa County at Page 917.
NOW, THEREFORE, CCCSD and DISTRICT hereby mutually agree as follows:
1. CCCSD hereby consents to the laying down, constructing, reconstructing, removing, replacing,
repairing, maintaining, operating and using, as the DISTRICT may see fit, for the transmission
and distribution of water, a pipe or pipelines and all appurtenances within CCCSD'S easement,
subject to the terms and conditions herein contained.
2. DISTRICT acknowledges CCCSD'S title to CCCSD'S easement and the priority of CCCSD'S title
over the title of DISTRICT therein.
CCCSD, for itself, its successors and assigns, hereby warrants to defend and agrees to hold
DISTRICT, its agents, officers, employees, heirs, successors and assigns, free and harmless from
any and all liabilities, expenses and damages of whatsoever kind, nature or description to real
property, and persons or parties including but not limited to CCCSD'S employees and
DISTRICT'S employees, caused by the acts, omissions, intention or negligence, whether active or
passive, of CCCSD, its agents, employees or suppliers, incidental to CCCSD'S exercise of it's
easement and right -of -way herein. This warranty does not apply to liabilities, expenses and
damages resulting from DISTRICT'S negligence or willful misconduct.
4. DISTRICT, for itself, its successors and assigns, hereby warrants to defend and agrees to hold
CCCSD, its directors, agents, officers, employees, heirs, successors and assigns, free and harmless
from any and all liabilities, expenses and damages of whatsoever kind, nature or description to
real property, and persons or parties including but not limited to DISTRICT'S employees and
CCCSD'S employees, caused by the, acts, omissions, intention or negligence, whether active or
passive, of DISTRICT, its agents, employees, or suppliers incidental to exercise of their rights
under this grant of easement. This warranty does not apply to liabilities, expenses and damages
resulting from CCCSD'S negligence or willful misconduct.
5. This Agreement and all the terms and conditions contained herein shall inure to the benefit of and
be binding upon the successors and assigns of both parties. Any revision to this Agreement shall
be in writing and shall be effective when executed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in
duplicate by their respective officials thereunto duly authorized.
CENTRAL CONTRA COSTA
SANITARY DISTRICT
By: 0.�ew_� C� - r By:
resident of the Board of Directors
By: � .
Sertryof the Dstic
Approved as to form:
zau it
CCCSD Counsel
EAST BAY MUNICIPAL
UTILITY DISTRICT
Stephen J. Boeri
Manager of Real Estate Services
Approved as to form:
District Counsel
All parties must attach appropriate notary's acknowledgement.
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- Central Contra Costa Sanuary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 18, 2003 No.: 3.e. CONSENT CALENDAR
Type of Action: ACCEPT CONTRACT WORK
subject: ACCEPT CONTRACT WORK FOR THE CATHODIC PROTECTION
SYSTEMS REPLACEMENT PROJECT, DISTRICT PROJECT 6141A, AND
AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION
Submitted By: Initiating DeptJDiv.:
Craig Mizutani, Operations / Plant Operations
Associate Engineer
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
C/11
C. Mizutani J. Kell
General
ISSUE: Construction has been completed on the Cathodic Protection Systems
Replacement Project, District Project No. 6141A, and the work is now ready for
acceptance.
RECOMMENDATION: Accept the contract work for the Cathodic Protection Systems
Replacement Project Project, District Project No. 6141A, 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 California Civil Code, Section 3093.
BACKGROUND: During the most recent survey of the District's cathodic protection
system by V&A Consulting Engineers (V&A), several facilities were identified for
improvement. The goal of this project was to perform recommended repair of the
District's cathodic protection system as part of our ongoing cathodic protection program.
Work was performed at the following sites: Fairview Pumping Station, Maltby Pumping
Station, the recycled water line along the Pleasant Hill Relief Interceptor pipeline, and at
various locations at the treatment plant. The work included replacement of impressed
current anodes, installation of test stations, and electrical bonding and isolation of
buried piping.
On April 17, 2003, the Board of Directors authorized the award of a contract for
construction of the Cathodic Protection Systems Improvements Project, District Project,
District Project No. 6141A, to American Construction and Supply of Mill Valley,
California. The Notice to Proceed was issued on July 14, 2003. The work was
substantially complete on October 29, 2003. The remaining work consists of minor
punch -list items, which do not affect the project acceptance.
SACorrespondence \Position Papers\2003 \6141A- Accept Contract Work.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: December 18, 2003
subject. ACCEPT CONTRACT WORK FOR THE CATHODIC PROTECTION
SYSTEMS REPLACEMENT PROJECT, DISTRICT PROJECT 6141A, AND
AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION
It is appropriate to accept the contract work at this time. The total authorized budget is
$202,000. An accounting of the project costs will be provided to the Board of Directors
at project closeout.
RECOMMENDED BOARD ACTION:
Accept the contract work for the Cathodic Protection Systems Replacement Project,
District Project No. 6141A, and authorize the filing of the Notice of Completion.
SACorrespondence \Position Papers\2003 \6141A- Accept Contract Work.doc Page 2 of 2
Central Contra Costa Sanitary District
BOARD OF DIRE
CTORS
POSITION PAPER
Board Meeting Date: December 18, 2003 No.: 3.f. CONSENT CALENDAR
Type of Action: ACCEPT CONTRACT WORK
Subject. ACCEPT CONTRACT WORK FOR THE STEAM TURBINE SYSTEM
UPGRADES PROJECT, DISTRICT PROJECT 6158, AND AUTHORIZE
THE FILING OF THE NOTICE OF COMPLETION
Submitted By: Initiating Dept. /Div.:
Craig Mizutani, Operations / Plant Operations
Associate Engineer
REVIEWED A D RECOMMENDED FOR BOARD ACTION: i-"[011- k .)4
tani T. Pilecki W. BZren /J. Kell AA.Fa"1ir l s W. Fla tts,
General Manager
ISSUE: Construction has been completed on the Steam Turbine System Upgrades
Project, District Project 6158, and the work is now ready for acceptance.
RECOMMENDATION: Accept contract work for the Steam Turbine System Upgrades
Project, District Project 6158, 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 California Civil Code, Section 3093.
BACKGROUND: This project renovated the steam turbines to improve the operational
efficiency, performance, reliability, and maintenance of the steam turbines and blowers
that supply air for the secondary process. The systems were over 25 years old and had
been reliable until approximately two years ago when they experienced over
50 outages. A mechanical inspection in early 2002 revealed severe damage to major
turbine components and the need for major overhaul. In addition to the work required
for the turbine, the existing controls, and mechanical support systems, were also
identified as needing replacement since they were of similar age as the turbines.
The project consisted of two main components: 1) rebuilding of turbines and blowers
and 2) installing new control panels, safety platforms, revised piping, electrical and
instrumentation, and mechanical equipment. The rebuilding of the steam turbines and
blowers was performed under a contract with Dresser -Rand Services (D -R). The
revised control panels, safety platforms, revised piping, electrical and instrumentation,
and revised mechanical equipment installation was performed by Kaweah Construction
Company of Fresno, California. The Board of Directors authorized the award of a
S: \Correspondence \Position Papers\2003 \6158 AcceptContractWork.DOC Page 1 of 2
POSITION PAPER
Board Meeting Date: December 18, 2003
subject: ACCEPT CONTRACT WORK FOR THE STEAM TURBINE SYSTEM
UPGRADES PROJECT, DISTRICT PROJECT 6158, AND AUTHORIZE THE
FILING OF THE NOTICE OF COMPLETION
construction contract for this work in the amount of $575,000 to Kaweah Construction
Company, on January 23, 2003. D -R was issued a Notice To Proceed on
February 24, 2003. The work was substantially complete on September 26, 2003. The
remaining items of work consist of punch -list items, which do not affect the project
acceptance.
It is appropriate to accept the contract work at this time. The total authorized budget for
this project is $2,741,000. An accounting of the project costs will be provided to the
Board of Directors at project closeout.
RECOMMENDED BOARD ACTION: Accept contract work for the Steam Turbine
System Upgrades Project, District Project 6158, by Kaweah Construction Company,
and authorize the filing of the Notice of Completion.
SACorrespondence \Position Papers\2003 \6158 AcceptContractWork.DOC Page 2 of 2
- Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 18, 2003 No.: 3.g. CONSENT CALENDAR
Type of Action: APPOINT ARBITRATOR
subject: DIRECT STAFF TO APPOINT AN ARBITRATOR TO HEAR THE STEP
FOUR GRIEVANCE OF PUBLIC EMPLOYEES' UNION, LOCAL ONE REGARDING
PROVISIONAL PLANT OPERATOR III'S
Submitted By: Cathryn R. Freitas, Initiating Dept /Div.: Administration /Human
Human Resources Manager Resources
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
C. Freitas K. M sgraves
General
ISSUE: David Rolley, C.C.C.S.D. Employees' Association President, has filed a
grievance at Step Four of the grievance procedure. According to the Memorandum of
Understanding between Local One and the District, Article III, Section 2.5, "the Board of
Directors shall employ a neutral third party to hear the matter and recommend action to
the Board."
RECOMMENDATION: Direct staff to appoint an arbitrator to hear the grievance.
FINANCIAL IMPACTS: The District and the Union share the costs of grievances. The
cost to each party will be approximately $1500.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: On September 16, 2003, the Union filed a grievance on behalf of the
two provisional Plant Operator Ills who were being returned to Plant Operator II status.
The Union asked the District to continue the employees in their provisional status and
pay based on the Union's objections to revisions made to the Plant Operator II job
classification description in 1999, which broadened the duties of the Operator II to
handle duties previously performed only by Operator Ill's.
Since the date that the grievance was filed, one of the two provisional Operators has
retired and the other has taken the State certification test for Operator III. It is hoped
that the latter operator will pass the test and the Union will withdraw the grievance.
However, in order to fulfill the timelines for submitting grievances to the Board per the
Memorandum of Understanding with the Union, the Union has asked that the Board
appoint an arbitrator for a Step Four hearing and to proceed accordingly.
RECOMMENDED BOARD ACTION: Direct staff to appoint an arbitrator.
C: \My Documents \prov opr gry step 4 pos ppr 12- 03.doc
STEAM TURBINE SYSTEM
UPGRADE PROJECT
Craig Mizutani
Board Meeting
December 18, 2003
PROJECT TEAM
• Design:
WRMS Engineering
• Turbine and Blower Work:
Prepurchase Replacement Parts and
Lube Oil System:
Dresser -Rand
PROJECT TEAM (continued)
• Mechanical & Electrical Installation:
Kaweah Construction
• Construction Services:
WRMS /CCCSD
• Control System Design:
CCCSD
PROJECT STATUS
100 Percent Turbine Uptime During Project
• No Major Effect on Plant Process
• Successful Interface With Other Projects
• Project 3 Months Behind Due to
Unforeseen Delays
2
BUDGET STATUS
• Board Authorized $2,741,000
. Final Accounting to be Presented at
Closeout
PROJECT ELEMENTS
PIPING /SAFETY PLATFORMS
Previously Had to Climb on Piping —
Safety Hazard
New Platforms for Access to Both Sides of
Turbine
3
Project Elements
Lube Oil Skid
• Replaced Existing Lube Oil System
With New
I!
OLD
CENTER
PROJECT ELEMENTS
REFURBISH TURBINES
• Complete Overhaul
* Pre - purchased Parts - D -R
* Sole- Source Installation — D -R
9 Turbine No. 1 Rotor — Scoring & Wear
Cracks in Both Turbines — Lock `n Stitch Repair
5
SCORED SHAFT
CRACK
PROJECT ELEMENTS
AERATION BLOWER BEARING INSPECTION
• Minimal Work Planned
• 1 of 6 Bearings Replaced
* Potential Future Machine Work, No. 2 Unit
s No. 2 Rotating Element Inspected & Balanced
C1
BLOWER CASE
PROJECT ELEMENT
CONTROLS
• 139 I/O Points Per Turbine
• Programming and Startup by CCCSD Staff
• Hardware Provided By Telstar
s Near Flawless Startup
Sri
Project Elements
Additional Work
s Inspection of No. Turbine Prior to Project
• Rebuild Steam Valves
• Eroded Pipe /Turbine Flanges
• Turbine Cracks
• Misc. Control Modifications
• Platform Modifications
Summary
• Future Work
- Refurbish No. 1 Turbine Rotor, Restock Spare
Parts (O&M), Blower No. 2 Machine Work
• Summary
- Successful Project with Minor Future Work
- Minimal Impact to Plant/Process
- Reliable Turbine /Blower System for Years to
Come.
OJ
Contra Costa
Boulevard
Slip Lining Project
• The Good
• The Bad
• The Ugly
2003
Overview
The Bad
• Project Went Slower Than Expected
• Some Damage to Existing Shrubs
• Damaged Joint
The Good
• First Ever Use of Segmental Slip Lining
• Minimal Traffic Impacts
• No Bypassing of Sewage
The Ugly
• Well, it was a live sewer
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strategic
Planning
Session
Agenda
iverview
♦ Strategic Planning Objectives
♦ Agenda - Activities
♦ Strategic Planning Example
• Summarize
• Next steps N
Strategic Dithering
,\Build on District success
L ave the time consuming SP ritual
• Envision future issue dynamics
• Create "prepared minds" and 'Yo e
common understanding" I
♦ Better real -time dec
♦ Long range thinking
Overview
y( tick overview of what Strategic Planning is
bout
• Purpose — Identify issues over they
years that could impact the District
• Outcome - Better sense of direetioi
■ What to expect — Uncle
future goals and public
Strategic Planning
Objectives
�enda
. Review current Strategic Plan
*Brainstorm and understand future is es and
concerns
. Understand possible impacts a link e
*Determine priorities and imp ct o Di trict o
• Discuss direction and res ce eed d
• Share insights within orga iiza ' n
Strategic Planning
tI nerate concerns and ideas
e "District goal areas" to aid creative thinking
not about activities;it about the process
■ Break into smaller groups to discuss go I leas
♦ Capture every comment/idea
• Anticipate problems and opportunitie
• Look for "linkage" on issues
• Ask the "what if questions
• Incorporate into future activities-
2
Example:
♦ Proposed development of Buchanan Field:
■ Impact on area:
• Last developable light industrial land; Conco
and USD development (also Animal Services)
• Issues of public access & security,
pollution, land value, political press
change, could District fight develol
relationship w/ Concord & CourIN
■ Impact on District facilities:
. New neighbors — View of la - stac ncer
for noise & odors, risk an lysis B 2588), pipes
in ground, impact on futur 3 growth, voce
changes (greater costs a scruti e . SI (e
hauling, odor control, etc.
Example continued
,*,Proposed development of Buchanan Field:
Impact on local property:
. Bring development closer — traffic, public &
security, land value and impact on buffer zone,
easement restrictions, pressure on
Waterbird Way, Keiwitt Property (Re es in
ground)
. Future plant process di
costs — capital & O &M,
property, overflow issue
recycled water
Current example:
Long -range thinking before the crisis.
Proposed Implementation of CMOMs:
Impact on District:
• Improve data gathering on District SSO
• Asset management program for Di
• Continuing capacity studies
• Capital Budget Program
• Condition assessment of entir s wer syst
• Improved cleaning sched le 1
• Grease control program
■ Request for Documents rom "L wyer for
Clean Water'
Summarize
�eview ideas and issues
♦ Educate organization to future concerns
♦ Gain understanding of long.
• Incorporate understanding i
decisions and direction
• Prepare for various out�i
Next Steps
D velop actions to anticipate favorable outcomes
esearch the ideas and issues generated?
■ Follow up with larger groups and Kforces
♦ Generate action items for follow -up by s
i s
• Start turning ideas into reality
• Incorporate into long- termj�u t pr jec
• Make informed decisions do is ues
4
310 - 829 -6820 ENVIRONMENT NOW PAGE 01/03
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
F: (925) 676 -7211
VIA, FACSUMLE & U.S. MAIL
December 11, 2003
Re: Public Records Act Request
Dear Public Records OfEcer:
On behalf of the Santa Monica Baykeeper and pursuant to the California Public
Records Act, California Government Code Section 6250 et seq., I request access to
records relating to Central Contra Costa Sanitary District's ( "Central San ") sewage
collection system. I hereby request that you provide access to any and all records,
including any records on electronic media, that refer or relate to the following:
1. Sewer System Overflow ( "SSO ") reports or summaries, including any tables
listing SSO's for at least the last five years, any benchmarking of Central San's
performance as compared to other collection systems, or trending analyses;
2. Central San's design standard for sewer pipe capacity;
3. Central San's trigger for determining when a capacity improvement project is
required;
4. Central San's Sewer Capacity Assurance Plan or equivalent documents;
5. Central San's criteria for replacement of sewer pipes based upon age, CCTV
inspection, or other methods;
6. Central San's CCTV and condition assessments;
7. Central San's use of MOUSE, SWMM, or other dynamic modeling for planning
for the collection system, including specifically wet weather modeling and the
percentage of trunk sewers and secondary sewers modeled by Central San;
8. The age of sewers in Central San's system.
Under the Public Records Act, the term "public record" is defined broadly, and
includes "any writing containing information relating to the conduct of the public's
business... regardless of physical form or characteristics." Government Code Section
6252(e). The term "writing" is further defined as:
Handwriting, typewriting printing, photostating, photographing, and every other
form of communication or representation, including letters, words, pictures,
San Francisco Santa Monica
1004 A O'Reilly Ave, San Francisco CA 94129 2515 Wilshire Blvd, Santa Monica CA 90403
t415-561-2M f 415.561 -2223 t 310 -829 -1229 If 310.829 -6820 printed on 100% pwo-,»nnaher reoyeled POWT
12.11/2003 11:41 310- 829 -5820 ENVIRONMENT NOW PAGE 02/03
J A
Public Records Act Request
12/11/03
Page2of3
sounds, symbols, or. combinations thereof, and all papers, maps, magnetic or
paper tapes, photographic films and prints, magnetic or punched cards, discs,
drums, and other documents.
Government Code Section 6252(0.
Thus, the phrases "public records," "document(s)," and "draft(s) "include, but are
not limited 'to: formal or informal scientific studies or reports; computer disks, electronic
mail, or any other electronically stored documents; audio or video tape recordings;
letters; memoranda; notes; lists; notices; charts; papers; and other writings.
If all or part of the request is denied, please provide the name, address, and .
telephone number of the agency official responsible for the denial, and the official
responsible for the appeals of denied requests. Also, if portions of the requested records
are exempt from release, I request that all.reasonable segregable, nonexempt portions of
those records be released. I do, of course, reserve our right to appeal the withholding or
deletion of any information.
In addition, if records are withheld, I. request that you specifically identify those
records by providing a list of records being withheld with an accompanying explanation
of the exemptions being used to withhold the requested records. This list should include
the title and brief description of each of the withheld records, any date or dates associated
with each of the withheld records, and a list of attachments, appendices, amendments or
other materials included with each of the withheld records.
If your search fails to identify the requested records, I ask that you (1)' describe in
detail the search procedure, including the information about the files that were searched,
(2) identify the person or persons who conducted the search, and (3) explain why a more
comprehensive search of your offices would be unreasonable.
As this request is by and for a public interest organization interested in the
complete execution of all - applicable laws for the protection of human health and the
environment and open government, I request a waiver of any and all costs associated with
the satisfaction of this request. The Central Contra Costa Sanitary District is required
under prevailing law to consider this fee waiver.request, and the failure to do so is an
abuse of discretion subject to judicial review. See, North County Parent Organization v.
Department of hducation (1994) 23 Cal. App. 4th 144, 148. Please advise me of,any
informational and other procedural requirements that you may have in order for this
request to qualify for a fee waiver. If you are unable to provide a fee waiver, please
notify me immediately of any payment required prior to copying. Should you determine
that a fee waiver is not available, and we continue to disagree about the costs of
providing copies of the inkrmation requested, we request that you provide us the option
of bringing out own equipment to scan and/or copy'the information ourselves.
12/11/2003 11:41 310 - 829 -^120 ENVIRONMENT NOW PAGE 03/03
Public Records Act Request
12/11/03
Page 3 of 3
As the Public Records Act requires a response within ten days, I look forward to
bearing from you within that period. Government Code Section 6253(e). On behalf of
the Santa Monica Baykeeper, we look forward to working with you on this document
request to minimize the imposition on your staff. For example, request number two seeks
all documents relating to the design standard used by Central San. The design standard is
undoubtedly referred to in numerous documents, however. BayKeeper seeks documents
providing a definitive statement of the design standard used by Central San, with an
explanation of its derivation and application. Therefore Baykeeper's request can likely be
satisfied With substantially less production that "all" documents that refer to the-design
standard. Baykeeper requests that Central San contact counsel for Baykeeper to focus
Central San's response. I can be reached at: (415) 561 -2222 ex 103. Thank you very
much for your assistance in this matter.
Sincerely yours,
i=ty r
Daniel Cooper
Lawyers for Clean Water
Central Contra Costa Sa.—ltary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 18, 2003 No.: 6.a. ENGINEERING
Type of Action: APPROVAL AND EXTENSION OF LEASE
subject: APPROVE EXTENSION OF LEASE WITH WILLOWS /CONCORD VENTURE
TO JUNE 30, 2004
submitted By: Curtis W. Swanson, Initiating Dept /Div.: Engineering /Environmental
Environmental Services Division Services Division
Manager
REVIEWE AND RECOMMENDED FOR BOARD A
C. Swanson A. Farrell K. Alm Charles Ba ,
General Mana er
ISSUE: Board approval is required for modifications of leases of District property.
RECOMMENDATION: Approve the extension of the lease with Willows /Concord
Venture to June 30, 2004 and authorize execution of extension documents.
FINANCIAL IMPACTS: No change to current lease payment of approximately
$4,200.00 per year for extension period.
ALTERNATIVES /CONSIDERATIONS: The Board of Directors may either approve the
requested actions, or decline to do so. If no extension is granted, Willows Shopping
Center would continue its existing surface use of the property for parking on a month to
month basis, lease rights could be terminated, or an extension of a different time period
could be negotiated. Since the District seeks to negotiate the purchase of easements
which it needs from the same property owner, staff and District counsel believe it is
preferable to attempt to negotiate new lease agreements and easement acquisitions
simultaneously.
BACKGROUND: The District and the prior owner of the Willows Shopping Center
entered into a lease dated January 20, 1983, which lease was for a twenty year term
with potential of a twenty year renewal. Prior to the expiration of that twenty year term,
the District gave the current owner of the Willows Shopping Center (Willows Concord
Venture) notice that it would not authorize a twenty year extension due to the need to
comply with the provisions of Health and Safety Code §6514.1 and the need to
renegotiate a fair market rate for the lease. Under Health and Safety Code §6514.1,
the District cannot enter into a lease which exceeds ten (10) years in length without
subjecting the lease property to a competitive bid process.
HAExec Asst \C W B \Board Agendas\Willows Lease Extension PP.doc
Page 1 of 3
POSITION PAPER
Board Meeting Date: December 18, 2004
Subject APPROVE EXTENSION OF LEASE WITH WILLOWS /CONCORD VENTURE TO JUNE 30,
2004
Representatives of the Willows Shopping Center and the District have previously
discussed a mutual interest in continuing a lease relationship by entering into a new
ten year lease pursuant to amended terms which have been discussed, but not fully
agreed upon. The District has also identified certain locations within the Willows
Shopping Center property where the District may require an easement to install
portions of the planned A -Line Relief Interceptor, which project may be undertaken
within the term of the contemplated ten year lease. The District has intended to
negotiate an agreement regarding the acquisition of the proposed easements
contemporaneously with negotiations for entering into a new ten year lease. However,
due to engineering considerations and staffing priorities of both the District and Willows
Shopping Center, the contemporaneous negotiations have not been completed. Both
parties seek to extend the existing lease for a six -month period ending June 30, 2004
to allow for time to conclude negotiations of these two matters.
RECOMMENDED BOARD ACTION: Approve the extension of the lease with
Willows /Concord Venture to June 30, 2004 and authorize execution of extension
documents.
Page 2 of 3
HAExec Asst \C W B \Board Agendas\Willows Lease Extension PP.doc
PROJECr
LOCATION MAP a
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Central Contra Costa Attachment
Sanitary District WILLOWS SHOPPING CENTER
Alfth LEASE AREA A
Page 3 of 3
EXTENSION OF JANUARY 20, 1983 LEASE
CENTRAL CONTRA COSTA SANITARY DISTRICT
and
WILLOWS CENTER CONCORD, L.L.C.
This extension of the property lease agreement ( "extension ") is made and
entered into as of December _ , 2003 by and between the CENTRAL CONTRA
COSTA SANITARY DISTRICT ( "District ") as lessor and the WILLOWS CENTER
CONCORD, L.L.C, a California Limited Liability Company, as lessee ( "Lessee "), and as
assignee of WILLOWS CONCORD VENTURE, dba WILLOWS SHOPPING CENTER.
RECITALS:
A. CENTRAL CONTRA COSTA SANITARY DISTRICT and the
predecessor in interest to the Willows Center Concord, LLC entered into a lease dated
January 20, 1983, which lease was for a twenty year term with potential twenty year
extensions.
B. Under Health and Safety Codes Section 6514.1, the District cannot
enter into a lease which exceeds ten (10) years in length without subjecting the leased
property to a competitive bid process. Hence, the District cannot exercise the twenty
year extension provided for by the lease dated January 20, 1983. Instead, the parties
hereto have previously discussed their mutual interest in continuing a lease relationship
by entering into a new ten year lease pursuant to terms and conditions which have been
discussed, but which are not fully agreed upon.
C. In addition, the District has identified certain locations within the property
owned by Lessee which the District may require for an easement to enable it to install
certain portions of a planned relief interceptor sewer project, which project may be
undertaken within the term of the contemplated new ten year lease referenced above.
D. The District has indicated to Lessee that it seeks to discuss and
potentially negotiate an agreement regarding acquisition of the proposed easements,
contemporaneously with negotiations for entering into the new referenced lease. The
District and Lessee, therefore, seek to extend the existing lease for a period up to and
including June 30, 2004 in order to allow for the review and contemporaneous
negotiation of these two matters concerning District facilities and the Willows Shopping
Center Property.
AGREEMENT:
NOW, THEREFORE, the parties hereto do covenant and agree as follows:
Term.
The lease entered into on January 20, 1983 shall be cumulatively extended
from January 20, 2003 to and through the date of June 30, 2004.
2. Other Terms.
All other terms and conditions within the lease made and entered into on
January 20, 1983 shall remain in full force and effect until the date of June
30, 2004, with lease payment for the year 2004 to be prorated to June 30,
2004.
AS OF THE DATE FIRST SET FORTH ABOVE, THE PARTIES HERETO AGREE TO
THE AMENDED TERMS AND CONDITIONS OF THE LEASE AND CERTIFY AND
WARRANT THAT THE PERSONS SIGNING THIS AGREEMENT ARE AUTHORIZED
TO SIGN ON BEHALF THE RESPECTIVE PARTIES.
675088
LESSEE:
WILLOWS CENTER CONCORD, L.L.C.
By: _
Name:
Title:
Kathryn Kearney
Senior Vice President
APPROVED AS TO FORM
By:
J. Michael Whisman, Attorney for
WILLOWS CENTER CONCORD,
L.L.C.
DISTRICT:
CENT ONTRA COSTA SANIT
DIST ICT I ,
Name: Charles W. Batts
Title: General Manager
APPROVEDJ9rS TO FORM
i
By:
en on L. Alm, Attorney for
Central Contra Costa Sanitary District
2
EXTENSION OF JANUARY 20, 1983 LEASE
CENTRAL CONTRA COSTA SANITARY DISTRICT
and
WILLOWS CENTER CONCORD, L.L.C.
This extension of the property lease agreement ( "extension ") is made and
entered into as of December , 2003 by and between the CENTRAL CONTRA
COSTA SANITARY DISTRICT ( "District ") as lessor and the WILLOWS CENTER
CONCORD, L.L.C, a California Limited Liability Company, as lessee ( "Lessee "), and as
assignee of WILLOWS CONCORD VENTURE, dba WILLOWS SHOPPING CENTER.
RECITALS:
A. CENTRAL CONTRA COSTA SANITARY DISTRICT and the
predecessor in interest to the Willows Center Concord, LLC entered into a lease dated
January 20, 1983, which lease was for a twenty year term with potential twenty year
extensions.
B. Under Health and Safety Codes Section 6514.1, the District cannot
enter into a lease which exceeds ten (10) years in length without subjecting the leased
property to a competitive bid process. Hence, the District cannot exercise the twenty
year extension provided for by the lease dated January 20, 1983. Instead, the parties
hereto have previously discussed their mutual interest in continuing a lease relationship
by entering into a new ten year lease pursuant to terms and conditions which have been
discussed, but which are not fully agreed upon.
C. In addition, the District has identified certain locations within the property
owned by Lessee which the District may require for an easement to enable it to install
certain portions of a planned relief interceptor sewer project, which project may be
undertaken within the term of the contemplated new ten year lease referenced above.
D. The District has indicated to Lessee that it seeks to discuss and
potentially negotiate an agreement regarding acquisition of the proposed easements,
contemporaneously with negotiations for entering into the new referenced lease. The
District and Lessee, therefore, seek to extend the existing lease for a period up to and
including June 30, 2004 in order to allow for the review and contemporaneous
negotiation of these two matters concerning District facilities and the Willows Shopping
Center Property.
AGREEMENT:
NOW, THEREFORE, the parties hereto do covenant and agree as follows:
Term.
The lease entered into on January 20, 1983 shall be cumulatively extended
from January 20, 2003 to and through the date of June 30, 2004.
2. Other Terms.
All other terms and conditions within the lease made and entered into on
January 20, 1983 shall remain in full force and effect until the date of June
30, 2004, with lease payment for the year 2004 to be prorated to June 30,
2004.
AS OF THE DATE FIRST SET FORTH ABOVE, THE PARTIES HERETO AGREE TO
THE AMENDED TERMS AND CONDITIONS OF THE LEASE AND CERTIFY AND
WARRANT THAT THE PERSONS SIGNING THIS AGREEMENT ARE AUTHORIZED
TO SIGN ON BEHALF THE RESPECTIVE PARTIES.
675088
LESSEE:
WILLOWS CENTER CONCORD, L.L.C.
By:
Name: Kathryn Kearney
Title: Senior Vice President
APPROVED AS TO FORM
M
J. Michael Whisman, Attorney for
WILLOWS CENTER CONCORD,
L.L.C.
DISTRICT:
CENTRAL CONTRA COSTA SANITARY
DISTRICT
By:
Name: Charles W. Batts
Title: General Manager
APPROVED AS TO FORM
0
2
Kenton L. Alm, Attorney for
Central Contra Costa Sanitary District
EXTENSION OF JANUARY 20, 1983 LEASE
CENTRAL CONTRA COSTA SANITARY DISTRICT
and
WILLOWS CENTER CONCORD, L.L.C.
This extension of the property lease agreement ( "extension ") is made and
entered into as ofJ6&WA* Z , 200#- by and between the CENTRAL CONTRA
COSTA SANITARY DISTRICT ( "District ") as lessor and the WILLOWS CENTER
CONCORD, L.L.C, a California Limited Liability Company, as lessee ( "Lessee "), and as
assignee of WILLOWS CONCORD VENTURE, dba WILLOWS SHOPPING CENTER.
RECITALS:
A. CENTRAL CONTRA COSTA SANITARY DISTRICT and the
predecessor in interest to the Willows Center Concord, LLC entered into a lease dated
January 20, 1983, which lease was for a twenty year term with potential twenty year
extensions.
B. Under Health and Safety Codes Section 6514.1, the District cannot
enter into a lease which exceeds ten (10) years in length without subjecting the leased
property to a competitive bid process. Hence, the District cannot exercise the twenty
year extension provided for by the lease dated January 20, 1983. Instead, the parties
hereto have previously discussed their mutual interest in continuing a lease relationship
by entering into a new ten year lease pursuant to terms and conditions which have been
discussed, but which are not fully agreed upon.
C. In addition, the District has identified certain locations within the property
owned by Lessee which the District may require for an easement to enable it to install
certain portions of a planned relief interceptor sewer project, which project may be
undertaken within the term of the contemplated new ten year lease referenced above.
D. The District has indicated to Lessee that it seeks to discuss and
potentially negotiate an agreement regarding acquisition of the proposed easements,
contemporaneously with negotiations for entering into the new referenced lease. The
District and Lessee, therefore, seek to extend the existing lease for a period up to and
including June 30, 2004 in order to allow for the review and contemporaneous
negotiation of these two matters concerning District facilities and the Willows Shopping
Center Property.
AGREEMENT:
NOW, THEREFORE, the parties hereto do covenant and agree as follows:
Term.
The lease entered into on January 20, 1983 shall be cumulatively extended
from January 20, 2003 to and through the date of June 30, 2004.
2. Other Terms.
All other terms and conditions within the lease made and entered into on
January 20, 1983 shall remain in full force and effect until the date of June
30, 2004, with lease payment for the year 2004 to be prorated to June 30,
2004.
AS OF THE DATE FIRST SET FORTH ABOVE, THE PARTIES HERETO AGREE TO
THE AMENDED TERMS AND CONDITIONS OF THE LEASE AND CERTIFY AND
WARRANT THAT THE PERSONS SIGNING THIS AGREEMENT ARE AUTHORIZED
TO SIGN ON BEHALF THE RESPECTIVE PARTIES.
675088
LESSEE:
WILLOWS CENTER CONCORD, L.L.C.
By:
l
Name: Kathryn earne
Title: Senior Vice Pre dent
APPROVED AS TO F RM
By:
Michael Whisman, Attorney for
WILLOWS CENTER CONCORD,
L.L.C.
DISTRICT:
CENT ONTRA COSTA SANITARY
DISTRICT e _ _ . 12
Title: General Manager
APPROVED AS TO FORM
By:
Ke on . Aftn, Attorney for
Central Contra Costa Sanitary District
2
December 18, 2003
7.a. CORRESPONDENCE
Page 1 of 2
Note receipt of letter dated December 1, 2003 from United States Senator
Dianne Feinstein, congratulating the District on receiving the U.S.
Environmental Protection Agency 2003 National Operations and
Maintenance Excellence Award
DIANNE FEINSTEIN +f -
CALIFORNIA
pniteb Stacto Sen to
WASHINGTON, DC 20510 -0504
http://feinstein.senate.gov
December 1, 2003
Charles W. Batts, General Manager
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
Dear Mr. Batts:
Thank you for updating me on what is happening at the Central Contra
Costa Sanitary District. I would like to take this time to congratulate you and your
staff on receiving the Environmental Protection Agency's National Operations and
Maintenance Excellence Award.
The innovative strategies implemented by you and your staff are leading the
way in protecting the environment and saving valuable taxpayer money by
converting gaseous waste products into electricity required to run the treatment
plant.
Once again thank you for contacting me and I wish you the best of luck.
Keep up the good work and as always, let me know how I can be of assistance.
Sincerely,