HomeMy WebLinkAbout02/5/2004 AGENDA BACKUPCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: February 5, 2004 No -: 4.a. CONSENT CALENDAR
Type of Action: ADOPT RESOLUTION; ACCEPT PUBLIC SEWER IMPROVEMENTS
AND EASEMENTS
subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS
AND AN OFFER OF DEDICATION FROM DONALD L. HASKINS THE AND
WILLIAM E. HASKINS THE FOR AN EASEMENT SHOWN ON THE RECORDED
FINAL MAP OF SUBDIVISION NO. 7972 IN THE CITY OF LAFAYETTE (JOB 5274,
PARCEL 1)
Submitted By: Initiating Dept /Div.:
Molly Mullin, Engineering Assistant III Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
M. Muilin J. Miyamoto -Mills C. Swanson A. Farrell harles . a
General Man er
ISSUE: A resolution of the Board of Directors is required to accept public sewer
improvements and offers of dedication, and to authorize staff to record documents.
RECOMMENDATION: Adopt a resolution accepting public sewer improvements and
an offer of dedication, and authorizing staff to record the easement acceptances with
the Contra Costa County Recorder.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: The Board of Directors regularly accepts easements and public
sewer improvements by resolution. The recommended resolution will accept an
easement shown on the recorded final map of Subdivision No. 7972 that is required for
a recent public sewer extension in Springhill Manor in the City of Lafayette (as shown
on Attachment 1). 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 Job No. 5274,
public sewer improvements, and an offer of dedication from Donald L. Haskins Tre and
William E. Haskins Tre for an easement shown on the recorded final map of
Subdivision No. 7972 in the City of Lafayette (Job No. 5274, Parcel 1), and authorizing
staff to record the easement acceptances with the Contra Costa County Recorder.
U: \Position Papers \Mullin \5274Acceptlmp.doc Page 1 of 2
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SUB 7972 JOB 5274
Page 2 of 2
Central Contra Costa SanlLary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: February 5, 2004 No.: 4. b. CONSENT CALENDAR
Type of Action: ADOPT RESOLUTION; ACCEPT PUBLIC SEWER IMPROVEMENTS
AND EASEMENTS
Subject. ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS
AND AN OFFER OF DEDICATION FROM BRADDOCK AND LOGAN GROUP, LP
FOR AN EASEMENT SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION
NO. 8078 IN THE TOWN OF DANVILLE (JOB 5275, PARCEL 1)
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 Char es W.
General Manan
ISSUE: A resolution of the Board of Directors is required to accept public sewer
improvements and offers of dedication, and to authorize staff to record documents.
RECOMMENDATION: Adopt a resolution accepting public sewer improvements and
an offer of dedication, and authorizing staff to record the easement acceptances with
the Contra Costa County Recorder.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: The Board of Directors regularly accepts easements and public
sewer improvements by resolution. The recommended resolution will accept an
easement shown on the recorded final map of Subdivision No. 8078 that is required for
a recent public sewer extension off Fairwood Court in the Town of Danville (as shown
on Attachment 1). 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 Job No. 5275,
public sewer improvements, and an offer of dedication from Braddock and Logan
Group, LP for an easement shown on the recorded final map of Subdivision No. 8078 in
the Town of Danville (Job No. 5275, Parcel 1), and authorizing staff to record the
easement acceptances with the Contra Costa County Recorder.
UAPosition Paperswullin \5275Acceptlmp.doc Page 1 of 2
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x Central Contra Costa Attachment
Sanitary District ACCEPTANCE OF
EASEMENT DEDICATION
SUB 8078 JOB 5275
V
Page 2 of 2
Central Contra Costa Sani.ary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: February 5, 2004 No.: 4.c. CONSENT CALENDAR
Type of Action: ADOPT RESOLUTION; ACCEPT PUBLIC SEWER IMPROVEMENTS
AND EASEMENTS
subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS
AND AN OFFER OF DEDICATION FROM STEVEN J. FURTADO CONSTRUCTION
AND DEVELOPMENT FOR AN EASEMENT SHOWN ON THE RECORDED FINAL
MAP OF SUBDIVISION NO. 8187 IN THE CITY OF WALNUT CREEK (JOB 5375,
PARCEL 2)
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. Farce Charles W. Ba
General Mana r
ISSUE: A resolution of the Board of Directors is required to accept public sewer
improvements and offers of dedication, and to authorize staff to record documents.
RECOMMENDATION: Adopt a resolution accepting public sewer improvements and
(an) offer(s) of dedication, and authorizing staff to record the easement acceptances
with the Contra Costa County Recorder.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: The Board of Directors regularly accepts easements and public
sewer improvements by resolution. The recommended resolution will accept an
easement shown on the recorded final map of Subdivision No. 8187 that is required for
a recent public sewer extension in Quiet View Court in the City of Walnut Creek (as
shown on Attachment 1). 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 Job No. 5375,
public sewer improvements, and an offer of dedication from Steven J. Furtado
Construction and Development for an easement shown on the recorded final map of
Subdivision No. 8187 in the City of Walnut Creek (Job No. 5375, Parcel 2), and
authorizing staff to record the easement acceptances with the Contra Costa County
Recorder.
U: \Position Papers \Resol- MM \5375.AcceptSubMap.doc
Page 1 of 2
Page 2 of 2
Central Contra Costa San,,ary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: February 5, 2004 No.: 4.d. CONSENT CALENDAR
Type of Action: ADOPT RESOLUTION; ACCEPT PUBLIC SEWER IMPROVEMENTS
AND EASEMENTS
subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS
AND AN OFFER OF DEDICATION FROM AUTUMN CREEK ASSOCIATES
LIMITED PARTNERSHIP FOR AN EASEMENT SHOWN ON THE RECORDED
FINAL MAP OF SUBDIVISION NO. 8283 IN THE TOWN OF DANVILLE (JOB 5469,
PARCEL 1)
Submitted By: Initiating Dept. /Div.:
Molly Mullin, Engineering Assistant III Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACT N.
1,
M. ullin J. Miyamoto -Mills 'C. Swanson A. Farrell Charles W. ati
General Manag
ISSUE: A resolution of the Board of Directors is required to accept public sewer
improvements and offers of dedication, and to authorize staff to record documents.
RECOMMENDATION: Adopt a resolution accepting public sewer improvements and
an offer of dedication, and authorizing staff to record the easement acceptances with
the Contra Costa County Recorder.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: The Board of Directors regularly accepts easements and public
sewer improvements by resolution. The recommended resolution will accept an
easement shown on the recorded final map of Subdivision No. 8283 that is required for
a recent public sewer extension off Messian Place in the Town of Danville (as shown on
Attachment 1). 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 Job No. 5469,
public sewer improvements, and an offer of dedication from Autumn Creek Associates
Limited Partnership for an easement shown on the recorded final map of Subdivision
No. 8283 in the Town of Danville (Job No. 5469, Parcel 1), and authorizing staff to
record the easement acceptances with the Contra Costa County Recorder.
Page 1 of 2
WPosition Papers \Mullin \5469 Adopt Resol.doc
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SUB 8283, JOB 5469
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Page 2 of 2
Central Contra Costa Sanitary District
IVAN ' BOARD OF DIRECTORS
in
POSITION PAPER
Board Meeting Date: February 5, 2004 No.: 4.e. CONSENT CALENDAR
Type ofAction: AUTHORIZE ANNEXATIONS
Subject: AUTHORIZE P.A. 04 -01 (DANVILLE); P.A. 04 -02 (ALAMO); P.A. 04 -03 (ALAMO);
P.A. 04 -04 (ALAMO); P.A. 04 -05 (ALAMO); AND P.A. 04 -06 (DANVILLE) TO BE INCLUDED
IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT
Submitted By: Initiating Dept. /Div.:
Molly Mullin, Engineering Assistant III Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD APP—
I
��
M. Mullin J. Miy moto -Mills Swanson A. Farrell
General
ISSUE: The Board of Directors' authorization is requested to initiate the annexation process for
properties listed in Attachment 1.
RECOMMENDATION: Authorize Proposed Annexations 04 -01 through 04 -06 to be included in
future formal annexations.
FINANCIAL IMPACTS: None related to this action.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: Authorizing "Proposed Annexations" is a preliminary first step preceding
Board initiation of the formal annexation process. Under P.A. 04 -01, the property owner will be
constructing three new dwellings as part of a minor subdivision, and will connect these units
to a new extension of the public sewer. P.A. 04 -03 will be a four -lot minor subdivision served
by a new public main extension. The remaining property owners, listed in Attachment 1 as
P.A. 04 -02, 04 -04, 04 -05, and 04 -06, have petitioned for their properties to be annexed to
the District and have abandoned existing septic systems, or will do so upon completion of
new public sewer extensions.
One additional property on El Pintado (P.A. 04 -01) was included as a "fill -in" parcel
necessary to avoid the creation of a new island in the District boundaries. The property
owner accepted the District's invitation and submitted a completed petition for annexation.
Additionally, one property in P.A. 04 -04 and P.A. 04 -06 were correspondingly invited to
petition for annexation on December 6, 2003, but failed to respond to staff's letter. Following
advice from the Local Agency Formation Commission (LAFCO), these properties remain
included in P.A. 04 -04 and P.A. 04 -06, so that the Board may approve their inclusion as
proposed annexations.
RECOMMENDED BOARD ACTION: Authorize Proposed Annexations 04 -01, 04 -02,
04 -03, 04 -04, 04 -05, and 04 -06 to be included in future formal annexations.
(JAPosition Papers \Mullin\PA04_01etc.doc Page 1 Of 10
ATTACHMENT I
PROPOSED ANNEXATIONS
PA
Location
Owners Address and
Lead
No.
and
Assessor's Parcel
Remarks
Agency
Acreage
Nu#t..
04 -01
Danville
Mark Scott
Proposed 3 new SFRS
Contra
(78C5)
754 El Pintado Road
will connect to new
Costa
Danville, CA 94596
public sewer system.
County
197 - 161 -012 -4
Resolution 00 -33 of
(5.072 Ac.)
Negative Declaration.
Douglas Peter Rathke
Existing home on septic
CCCSD
THE
will plan future sewer
760 El Pintado
connection to the public
Danville, CA 94526
sewer system. In -fill
197 - 150 -045 -7
parcel. Action is exempt
from CEQA
(4.370)
(Section 15319).
04 -02
Alamo
Pedro Amaya
Existing house converted
CCCSD
(78D5)
2698 Stone Valley Rd.
from septic to the public
Alamo, CA 94507
sewer system in
193 - 620 -008 -6
December 2003. Action
is exempt from CEQA
(.671 Ac.)
(Section 15319).
04 -03
Alamo
Appian Construction
Proposed 4 -lot
Contra
(77D1)
1431 Vine Lane
subdivision for single
Costa
Alamo, CA 94507
family homes to connect
County
187 - 130 -010
to new public sewer main
extension. Action is
exempt from CEQA
(2.170 Ac.)
(Section 15319).
U: \Position Papers \Mu111n \PA04_01etc.doc Page 2 of 10
PA
No.
Location
and `
Acreage
Owners Address and
Assessor's Parcel
Number
Remarks
Lead
Agency
04 -04
Alamo
Steve Padis
Existing house will
CCCSD
(78D5)
153 Smith Road
convert from septic and
Alamo, CA 94507
connect to the existing
196- 050 -014 -6
public sewer. Action is
exempt from CEQA
(.89 Ac.)
(Section 15319).
Antony & Prema Thekkek
Septic parcel adjacent to
CCCSD
161 Smith Road
proposed annexation
Alamo, CA 94507
parcel. Fill -in to avoid
196- 050 -015 -3
creating an island inside
District boundary.
Project is exempt from
CEQA. No response to
District invitation
December 6, 2003.
Action is exempt from
(.811 Ac.)
CEQA (Section 15319).
04 -05
Alamo
Carol Doell
Existing home on septic
CCCSD
1410 Finley Lane
will plan future sewer
Alamo, CA 94507
connection to the public
192 - 030 -020 -7
sewer system. Action is
exempt from CEQA
(1.833 Ac)
(Section 15319).
UAPosition Papers\MuIIin \PA04_01etc.doc
Page 3 of 10
PA
No.
Location
and
Acreage
Owners Address and
Assessor's Parcel
Number
Remarks
Lead
Agency
04 -06
Danville
Keith & Laura W.
Existing home on septic
CCCSD
Howard, THE
will connect to new
476 Del Amigo Road
sewer main extension.
Danville, CA 94526
Action is exempt from
(4.791 Ac)
199 - 130 -012 -8
CEQA (Section 15319).
James R. & Pamela S.
Existing home on septic
CCCSD
Bledsoe, THE
Will connect to new
576 Del Amigo Road
sewer main extension.
Danville, CA 94526
Action is exempt from
(4.025 Ac)
199 - 130 -068
CEQA (Section 15319).
Glen & Kathy Koutz
New lot created by split
CCCSD
555 Del Amigo
from their existing home
Danville, CA 94526
and property. Have
199 - 130 -071 -4
expressed interest in
building new home and
connecting to new sewer
main. However, they did
not respond to District's
invitation to complete a
petition for annexation on
December 6, 2003. This
property will be a fill -in
to avoid creating an
island inside District
boundary. Action is
exempt from CEQA
(1.134 Ac)
(Section 15319).
UAPosition Papers \Mullin \PA04_01etc.doc Page 4 of 10
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PROPOSED ANNEXATION
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Page 10 of 10
Central Contra Costa Sa,..tary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: February 5, 2004 No.: 4.f. CONSENT CALENDAR
Type of Action: APPROVE PROJECT
Subject: APPROVE WALNUT CREEK RENOVATIONS PHASE 2 PROJECT,
DISTRICT PROJECT 5709, FOR CEQA/PERMITTING PURPOSES
Submitted By:
Andrew Antkowiak, Associate
Engineer
Initiating Dept /Div.:
Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
l
A. owiak T. i W. Brennan A. Far II C arles . a
General Mana
ISSUE: Board approval of Walnut Creek Renovations Phase 2 Project, District Project
5709, is required prior to filing of a Notice of Exemption under the District's California
Environmental Quality Act (CEQA) Guidelines.
RECOMMENDATION: Approve the Walnut Creek Renovations Phase 2 Project, DP
5709.
FINANCIAL IMPACTS: The total project cost is anticipated to be $1.6 million;
however, this position paper only approves the project for CEQA/permitting and does
not award a construction contract.
ALTERNATIVES /CONSIDERATIONS: The Board of Directors may delay or decline to
approve the project. If this renovation and repair project is not constructed, the
condition of the sewers will continue to decline.
BACKGROUND: The Walnut Creek Renovations Phase 2 Project is part of an ongoing
program to replace or renovate deteriorated sections of the collection system that
require frequent maintenance. This project consists of renovation or replacement of
approximately 6800 feet of 6 -, 8 -, 12 -inch diameter sewer located in Walnut Creek. In
addition to replacement of line segments, the project may also include installation of
manholes to facilitate maintenance and point repairs on other problem sewer line
segments.
Some of the project sites must have a California Fish and Game Stream Alteration
permit secured before construction work can be completed. Attachment 1 shows the
locations of all the sites.
The Board normally considers approval of a project and direction to file a Notice of
Exemption at the time of award of a Construction Contract. New permitting
requirements from agencies such as California Department of Fish and Game require
that completed CEQA documentation be submitted with the permit application. Since
I: \Design \Position Papers \2004 \DP5709ApprovalPP.doc
Page 1 of 3
POSITION PAPER
Board Meeting Date: February 5, 2004
subject. APPROVE WALNUT CREEK RENOVATIONS PHASE 2 PROJECT,
DISTRICT PROJECT 5709, FOR CEQA/PERMITTING PURPOSES
this permit application process can be time consuming, Board approval of the project
and direction to file a Notice of Exemption is needed at this time.
The Walnut Creek Renovations Phase 2 Project is included as part of the Collection
System Renovation Program through Fiscal year 2003 -2004 Capital Improvement
Budget (CIB) on pages CS -9 through CS -15.
Staff has concluded that this project is exempt from the California Environmental
Quality Act (CEQA) under CCCSD CEQA Guidelines Section 15302 since it involves
replacement of existing sewer facilities at substantially the same locations and with the
same purpose and level of activity as the facilities being replaced. Any capacity
increases are for non - growth inducing, wet - weather purposes. This project also is
exempt under CCCSD CEQA Guidelines Section 15061(b)(3), since it can be "seen
with certainty that there is no possibility that the activity in question may have a
significant effect on the environment." This certainty is based on CCCSD's past
experience with numerous sewer construction projects of this nature, the relatively short
distances involved, and CCCSD's mitigating construction specifications that would be
required of the project. Approval of this project will establish the Board of Directors'
independent finding that this project is exempt from CEQA.
RECOMMENDED BOARD ACTION: Approve the Walnut Creek Renovations Phase 2
Project, DP 5709, and direct staff to file a Notice of Exemption with the Contra Costa
County Clerk.
Page 2 of 3
I: \Design \Position Papers \2004 \DP5709ApprovalPP.doc
FEET
Central Contra Costa
Sanitary District WALNUT CREEK RENOVATIONS
PHASE 2
CCCSD 5709
Nage 3 or J
Attachment
Central Contra Costa Sani "ry District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: February 5, 2004
Type of Action: HUMAN RESOURCES
No.: 4.g. CONSENT CAhENRAR
Subject: AUTHORIZE LEAVE OF ABSENCE WITHOUT PAY FOR ELAINE JACOBS,
HOUSEHOLD HAZARDOUS WASTE SUPERVISOR, THROUGH JUNE 17, 2004
Submitted By:
Henry Thom
Senior Engineer
Initiating Dept /Div.:
Engineering /Environmental Services
REVIEWED AND RECOMMEN ED FOR BOARD ACTION.
H. Thom C. Swanson A. Farrell C. Freitas Charles W. a (:4
General Manag
ISSUE: Board of Directors' authorization is required for leave without pay in excess of
30 days.
RECOMMENDATION: Authorize leave of absence without pay for Elaine Jacobs,
Household Hazardous Waste Supervisor.
FINANCIAL IMPACTS: Minimal
ALTERNATIVES/CONSIDERATIONS: Not approve the leave of absence without pay.
If, however, Ms. Jacobs were unable to return to work, this action would prompt
Ms. Jacobs' employment to be terminated.
BACKGROUND: Elaine Jacobs, Household Hazardous Waste Supervisor, has been
off work since July 8, 2003, due to a serious medical condition. Ms. Jacobs applied for,
was granted, and used 12 weeks of Family Medical Leave. It is anticipated that
Ms. Jacobs will be in an unpaid status in mid - January 2004. Ms. Jacobs has reported
that the treating physician estimates her required time off to be at least until mid -April
2004, and Ms. Jacobs has requested a leave of absence through June 17, 2004. If at
that time Ms. Jacobs' physician recommends more time is needed for her recovery, the
Board will be notified.
RECOMMENDED BOARD ACTION: Authorize leave of absence without pay for
Elaine Jacobs, Household Hazardous Waste Supervisor, through June 17, 2004.
LIAPosition Papers \HHW \Jacobs PP.doc Page 1 of 1
Central Contra Costa San.,ary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: February 5, 2004 No.: 6.a. BIDS AND AWARDS
Type of Action: AUTHORIZE AWARD
subject: AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO VALENTINE
CORPORATION FOR CONSTRUCTION OF THE TREATMENT PLANT SAFETY
ENHANCEMENTS, DISTRICT PROJECT 7219
Submitted By: Initiating DeptJDiv.:
Nathan Hodges, Assistant Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
N. odges B. Than
W. Brennan
A. Farrell
General
ISSUE: On January 21, 2004, sealed bids were received and opened for construction
of the Treatment Plant Safety Enhancements, District Project 7219. The Board of
Directors must authorize award of the contract or reject bids within 50 days of bid
opening.
RECOMMENDATION: Authorize award of a construction contract to Valentine
Corporation.
FINANCIAL IMPACTS: Expenditure of approximately $225,000, including construction
contract, contingency and construction management, will be required to complete the
project.
ALTERNATIVES /CONSIDERATIONS: Reject all bids, which is not recommended.
BACKGROUND: The Maintenance Division of the Operations Department has a
number of safety related work orders that require design services from Engineering.
These individual work orders have been grouped into a capital project to gain some
economy of scale. Work will be performed at the Treatment Plant, Household
Hazardous Waste Facility, Orinda Crossroads Pumping Station, and the Outfall Weir
Structure (see map, Attachment 1A). The sites scheduled for work at the Treatment
Plant are shown on Attachment 1 B. The scope of work includes railing enhancement,
concrete work, platform fabrication, duct work, valve extension, davit arm placement,
and grating enhancement.
The design of the Treatment Plant Safety Enhancements Project was done by staff.
The engineer's estimate for construction cost for this project is $150,000. This project
was advertised on December 30, 2003, and January 7, 2004. Seven (7) bids ranging
from $143,369 to $277,325 were received and publicly opened on January 21, 2004. A
summary of these bids is shown in Attachment 2. The Capital Projects Division
conducted a technical and commercial evaluation of these bids and has determined
LAPosition Papers \Hodges \7219Award.doc Page 1 of 6
POSITION PAPER
Board Meeting Date: February 5, 2004
subject. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO VALENTINE
CORPORATION FOR CONSTRUCTION OF THE TREATMENT PLANT SAFETY
ENHANCEMENTS, DISTRICT PROJECT 7219
that Valentine Corporation is the lowest responsive and responsible bidder with a bid
amount of $143,369.
Construction management, construction contract administration, and construction
inspection will be performed by District staff. This will include reviewing shop drawings
and submittals, responding to design questions, and evaluating change order requests.
The allocation of funds required to complete this project, as shown in Attachment 3, is
$200,000. The Treatment Plant Safety Enhancements Project is included in the Fiscal
Year 2002 -03 and 2003 -04 Capital Improvement Budgets pages TP -32 and TP -33.
Staff has determined that there are adequate funds in the Capital Improvement Budget
and Plan for the project.
Staff has concluded that this project is exempt from the California Environmental
Quality Act (CEQA) under District CEQA Guidelines Section 15301 since it involves
minor alterations to an existing public facility. Approval of this project will establish the
Board of Directors' independent finding that this project is exempt from CEQA.
RECOMMENDED BOARD ACTION: Authorize award of a construction contract in the
amount of $143,369 for the construction of the Treatment Plant Safety Enhancements,
District Project 7219, to Valentine Corporation, the lowest responsive and responsible
bidder.
L: \Position Papers \Hodges \7219Award.doc Page 2 of 6
NOVA
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Central Contra Costa Attachment
Sanitary District TREATMENT PLANT SAFETY ENHANCEMENTS
0
40101 District Project 7219 1A
Vicinity Map
Page 3 of 6
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Central Contra Costa
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TREATMENT PLANT SAFETY ENHANCEMENTS Attachment
District Project 7219 1B
Site Location Map
Page 4 of 6
ATTACHMENT 2
Central Contra Costa Sanitary District
DRAFT
SUMMARY OF BIDS
PROJECT NO.: 7219 DATE January 21, 2004
PROJECT NAME: Treatment Plant Safety Enhancements
LOCATION: Martinez, California ENGINEER EST. $150,000
Order
BIDDER
BID PRICE
Opened
(Name, telephone & address)
$
Valentine Corporation
1
PO Box 9337
143 369
San Rafael, CA 94912
'
Kaweah Construction
2
PO Box 4378
154 223
Fresno, CA 93744
'
GSE Construction
3
1020 Shannon Court
154 600
Livermore, CA 94550
'
Manito Construction, Inc.
4
1048 Serpentine Lane, Suite 306
185 100
Pleasanton, CA 94566
'
D.W. Nicholson Corporation
5
PO Box 4197
193 300
Hayward, CA 94540
'
N.V. Heathorn
6
1 155 Beecher Street
205,810
San Leandro, CA 94577
Monterey Mechancial
7
8275 San Leandro Street
277 325
Oakland, CA 94621
'
BIDS OPENED BY Debbie Ratcliff DATE 1/21/04 SHEET NO. 1 OF 1
LADesign \District Projects \7219 \7219 Bid Summary.DOC Page 5 of 6
ATTACHMENT 3
TREATMENT PLANT SAFETY ENCHANCEMENTS
DISTRICT PROJECT 7219
POST - BID /PRECONSTRUCTION COST ESTIMATE
ESTIMATE
NO. ITEM DESCRIPTION COST
1. CONSTRUCTION
a. Construction Contract 143,369
b. Contingency at 20 Percent 29,631
TOTAL CONSTRUCTION 173,000
2. CONSTRUCTION MANAGEMENT
a. District Forces
• Construction Management/Resident Engineering/
Inspection 29,000
• Project Engineering /Operations Department 3,000
• Engineering Support/Survey /Secretarial 3,000
SUBTOTAL 35,000
b. Consultants
• Material and Construction Testings 2,000
SUBTOTAL 2,000
TOTAL CONSTRUCTION MANAGEMENT 37,000
3. TOTAL CONSTRUCTION PHASE COST 210,000
4. TOTAL PREBID EXPENDITURES 15,000
5. TOTAL DESIGN AND CONSTRUCTION MANAGEMENT COST 52,000
6. TOTAL ESTIMATED PROJECT COST 225,000
7. FUNDS AUTHORIZED TO DATE 25,000
8. ADDITIONAL ALLOCATION NEEDED TO COMPLETE 200,000
PROJECT
PERCENT OF
ESTIMATED
CONSTRUCTION
COST ( %)
100
20
1
21
121
9
30
LAPosition Papers \Hodges \7219Award.doc Page 6 of 6
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Central Contra Costa Sa..,cary District
' BOARD OF DIRECTORS
POSITION PAPER
February 5, 2004 7.a. ITEMS HELD OVER FROM PREVIOUS
Board Meeting Date: F�L4ra -2-0014 No.: 4,41,- E-NT C4-E.ptW BOARD MEETINGS
Type of Action: ACCEPT CONTRACT WORK/AUTHORIZE FILING NOTICE OF
COMPLETION
Subject: ACCEPT THE CONTRACT WORK FOR THE 2003 CURED -IN -PLACE PIPE
PROJECT, DISTRICT PROJECT 5246 AND AUTHORIZE THE FILING OF THE
NOTICE OF COMPLETION
Submitted By: Initiating Dept /Div,:
Michael J. Penny, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
'g B—r —r —
M. Penny tpfw&i Brennan A. FarreA C
General Me
ISSUE: Construction has been completed on the 2003 Cured -in -Place Pipe Project,
District Project 5246, and work is now ready for acceptance.
RECOMMENDATION: Accept the contract work for the 2003 Cured -in -Place Pipe
Project, District Project 5246, and authorize the filing of the Notice of Completion.
FINANCIAL IMPACTS: None related to this action.
ALTERNATIVES /CONSIDERATIONS: Not Applicable. Filing the Notice of Completion
is advisable under the California Civil Code, Section 3090.
BACKGROUND: The District investigated corrosion of large and medium diameter
reinforced concrete pipe using CCTV inspection over the past few years. In several
reaches of pipe, it was clear that some remedial action was needed. Approximately
570 feet of cured -in -place pipe (CIPP) was installed inside the existing 30 -inch sewer
on Bancroft Road in Walnut Creek by the 2003 CIPP Project.
The District has previously used the cured -in -place method to rehabilitate sewers. This
method is less disruptive than open cut and is useful in busy streets and areas with
limited accessibility where there is no capacity issue. Approximately 700 feet of cured-
in-place pipe was installed inside the existing 8 -inch diameter sewer on Moraga Way in
Orinda by the 2003 CIPP Project.
On June 19, 2003, the Board approved the 2003 Cured -in -Place Pipe project for
CEQA/Permitting purposes. On July 17, 2003, the Board authorized the award of a
contract for the construction of the project to Andes Construction, Inc. The Notice to
Proceed was issued on August 27, 2003. The work was substantially completed on
December 19, 2003. The remaining work consists of minor punch -list items, which do
not affect project acceptance.
hDesign \Position Papers\2003 \5246 Project Accept PP.doc Page 1 of 3
POSITION PAPER
Board Meeting Date: January 15, 2004
Subject ACCEPT THE CONTRACT WORK FOR THE 2003 CURED -IN- PLACE PIPE
PROJECT, DISTRICT PROJECT 5246 AND AUTHORIZE THE FILING OF THE
NOTICE OF COMPLETION
The contract project completion date was November 1, 2003. Liquidated damages will
be assessed against Andes Construction for the project delay. The internal lateral
connection lining bid item was removed from the job to expedite the project for a credit
of $21,756. The internal lateral connection lining will be completed later in 2004 under
a separate contract.
The total authorized budget for the project is $368,500. The budget includes the cost of
engineering design. District forces, testing services, contract services, etc. An
accounting of the project costs will be provided to the Board at the time of project
closeout.
RECOMMENDED BOARD ACTION: Accept the contract work for the 2003 Cured -in-
Place Pipe Project, District Project 5246, and authorize the filing of the Notice of
Completion.
I:\Design\Position Papers\2003 \5246 Project Accept PP.doc Page 2 of 3
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Central Contra Costa Sarir,ary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: February 5, 2004 No.: g,a. ADMINISTRATIVE
Type of Action: RENEW CONTRACT
subject: CONSIDER RENEWAL OF CONTRACT FOR LABOR AND EMPLOYMENT
RELATED LEGAL SERVICES WITH DANIEL CLINTON AND HANSON, BRIDGETT,
MARCUS, VLAHOS & RUDY, LLP FOR THE PERIOD OF JANUARY 1, 2004
THROUGH DECEMBER 31, 2006
Submitted By: Randall Musgraves, Initiating Dept. /Div.: Administration
Director of Administration
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
."graves
General Mana er
ISSUE: The contract for labor law services with Hanson, Bridgett, Marcus, Vlahos &
Rudy, LLP (Firm) is ready for renewal. The term of the contract is for three years. A
contract renewal requires approval by the Board of Directors.
RECOMMENDATION: Approve the contract with Daniel Clinton and Hanson, Bridgett,
Marcus, Vlahos & Rudy, LLP for labor and employment related legal services and
authorize the Board President to execute the contract.
FINANCIAL IMPACTS: The negotiated rates represent a five percent increase for Mr.
Clinton over the current rate structure for the first year of the agreement.
ALTERNATIVES /CONSIDERATIONS: The Board could elect not to renew the contract
for labor and employment related legal services.
BACKGROUND: The District has obtained labor and employment related legal
services from Mr. Clinton and associates at Hanson, Bridgett, Marcus, Vlahos & Rudy,
LLP (Firm) since 1998. The firm has provided outstanding labor law and labor
negotiations services. The District successfully concluded six year labor agreements
with all District labor Groups.
The current rate of $295 /hour for Mr. Clinton will increase to $310 /hour in the first year,
remain the same in the second year and increase to $315 /hour in the third year. Mr.
Clinton's rate has been discounted to the District by 15 %.
Ms. Woodall's rate would increase from $195 /hour to $250 /hour in the first year, remain
the same in the second year and increase to $260 /hour in the third year. The large
increase in the first year is due to Ms. Woodall's promotion to partner in the firm. Ms.
Woodall's rate has been discounted to the District by 20 %.
Page 1 of 2
POSITION PAPER
Board Meeting Date: February 5, 2004
subject CONSIDER RENEWAL OF CONTRACT FOR LABOR AND EMPLOYMENT
RELATED LEGAL SERVICES WITH DANIEL CLINTON AND HANSON, BRIDGETT,
MARCUS, VLAHOS & RUDY, LLP FOR THE PERIOD OF JANUARY 1, 2004
THROUGH DECEMBER 31, 2006
Mr. Clinton has agreed to be readily available to the District and has agreed that,
whenever possible, he will meet with District staff at the beginning or end of the
business day in order to minimize any billings to the District for travel.
The proposed contract is for a term of three years effective January 1, 2004 through
December 31, 2006: however, the contract may be terminated by the District or the firm
at will upon reasonable notice.
RECOMMENDED BOARD ACTION: Approve the contract for labor and employment
related legal services with Daniel Clinton and associates at the firm of Hanson, Bridgett,
Marcus, Vlahos & Rudy, LLP for the period of January 1, 2004 through December 31,
2006, and authorize the Board President to execute the contract.
Page 2 of 2
Central Contra Costa SanlLary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: February 5, 2004 No.: 10a. ENGINEERING
Type of Action: AUTHORIZE AGREEMENT
subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A TEMPORARY
SEWER FACILITIES AND SERVICE AGREEMENT FOR THE WENDT RANCH
DEVELOPMENT WITH SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA
Submitted By: Jarred Miyamoto -Mills Initiating Dept /Div.:
Principal Engineer Engineering /Environmental Services
REVIEWED AND RECOMMEND D FOR BOARD ACTION:
J. Miyarn t_ Mills C. Swanson A. Farrell Im
General
1
ISSUE: The Board of Directors' authorization for an agreement with Shapell Industries
of Northern California (Shapell) is required for construction and operation of temporary
sewer facilities (including a temporary pumping station) prior to completion of the
second phase of the Wendt Ranch Off -Site Sewer Project.
RECOMMENDATION: Authorize the General Manager to execute an agreement with
Shapell for temporary sewer facilities to serve connections needed prior to completion
of the second phase of the Wendt Ranch Off -Site Sewer Project.
FINANCIAL IMPACTS: The proposed agreement requires Shapell to bear all design,
construction, operations, maintenance, disassembly, removal and abandonment costs
of the temporary sewer facilities. The District will recover plan review and inspection
costs through the application of customary fees and charges. The District will operate
and maintain the pumping station.
ALTERNATIVES /CONSIDERATIONS: The Board of Directors may either approve the
service agreement with Shapell, or decline to do so. If the temporary sewer facilities
are not constructed, no connections in the Wendt Ranch Development may be served
until completion of the second phase of the Wendt Ranch Off -Site Sewer Project
(currently projected to be September 2004).
BACKGROUND: Shapell completed the first phase of the Wendt Ranch Off -Site Sewer
(from Lawrence Road through the Richards - Brockman and Siu properties) in the fall of
2003. The second phase of the project was not completed due to pending litigation
regarding approval of the Alamo Creek and Intervening Properties developments that
involved Shapell, Contra Costa County, the Town of Danville, and others. This litigation
was recently settled.
C: \WINDOWS \TEMP \01- 28- 2004draftPP.DOC Page 1 of 3
POSITION PAPER
Board Meeting Date: February 5, 2004
subject AUTHORIZE THE GENERAL MANAGER TO EXECUTE A TEMPORARY
SEWER FACILITIES AND SERVICE AGREEMENT FOR THE WENDT RANCH
DEVELOPMENT WITH SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA
However, sewer service is needed prior to the completion of the remainder of the
off -site sewer project for a portion of the Wendt Ranch development where entitlements
were not affected by the litigation. To provide this needed service, Shapell relocated
the recently decommissioned West Branch Pumping Station to the Wendt Ranch site
and proposes that the relocated station be operated there for six to nine months.
Shapell was responsible for disassembly and removal of the West Branch Pumping
Station under their agreement with the District for that temporary facility. The location
of the proposed Wendt Ranch temporary pumping station is shown on Attachment 1.
Staff has negotiated a proposed Temporary Sewer Facilities and Service Agreement
with Shapell to specify the rights and responsibilities of the two parties. The proposed
agreement requires Shapell to bear all design, construction, operations, maintenance,
disassembly, removal and abandonment costs of the Wendt Ranch temporary sewer
facilities.
In compliance with the California Environmental Quality Act (CEQA), at its April 17,
1997 meeting, the District Board of Directors reviewed and considered relevant sections
of the Wendt Ranch subdivision project Environmental Impact Report (EIR) as part of
the Board of Directors' approval of project site annexation. The proposed temporary
sewer facilities were addressed in that EIR.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute an
agreement with Shapell for temporary sewer facilities to serve connections needed prior
to completion of the Wendt Ranch Off -Site Sewer Project.
Page 2 of 3
C: \WINDOWS \TEMP \01- 28- 2004draftPP.DOC
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SEWER SERVICE AND FACILITIES AGREEMENT
Page 3 of 3
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Page 3 of 3
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: February 5, 2004 No.: 12.a. BUDGET AND FINANCE
Type of Action: APPROVE RESOLUTION
Subject: APPROVE A BOARD RESOLUTION TO ADOPT THE REQUIRED MINIMUM
DISTRIBUTION AMENDMENT TO THE 401(A) MONEY PURCHASE PLAN
DOCUMENT
Submitted By:
Debbie Ratcliff, Controller
Initiating Dept /Div.:
Administrative /Finance & Accounting
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
D. Rat c' My grave
General
W.
ISSUE: Board authorization is needed to adopt the Required Minimum Distribution
Amendment to the 401(a) Money Purchase Plan Document.
RECOMMENDATION: Approve a Board Resolution adopting the Required Minimum
Distribution Amendment to the 401(a) Money Purchase Plan Document.
FINANCIAL IMPACTS: None
ALTERNATIVES /CONSIDERATIONS: Based on changes to the Internal Revenue
Service Code Section 401(a)(9) and the related regulations, the District is required to
revise the 401(a) Money Purchase Plan Document.
BACKGROUND: The District established a Section 401(a) Money Purchase Plan
covering all full -time employees in January 1997. The Plan is administered by the
District's Deferred Compensation Plan Advisory Committee.
The IRS has recently issued final regulations pertaining to required minimum
distributions from 401(a) Money Purchase Plans. These regulations require a
distribution of a participant's entire account to commence no later than April 1, following
the calendar year in which the participant reaches age 70 1/2 or separates from service,
whichever is later. This distribution will occur over the life of the participant based on a
uniform Lifetime Table published in section 1.401(a)(9) —9 of the Income Tax
Regulations. The detailed changes are included in the attached amendment.
The final required minimum distribution regulations require specific language to be
incorporated into the District's 401(a) Plan Document. This amendment is not
substantially different from the language already in place in the 401(a) Plan Document.
S:\ADMIN\POSPAPER\401a.MPPD.2.5.04.doc
Page 1 of 5
POSITION PAPER
Board Meeting Date: February 5, 2004
subject APPROVE A BOARD RESOLUTION TO ADOPT THE REQUIRED MINIMUM
DISTRIBUTION AMENDMENT TO THE 401(A) MONEY PURCHASE PLAN
DOCUMENT
However, the attached amendment will allow the District's plan to meet the "letter" of
the final regulations.
RECOMMENDED BOARD ACTION: The Deferred Compensation Plan Advisory
Committee recommends that the Board approve a Resolution adopting the Required
Minimum Distribution Amendment to the 401(a) Money Purchase Plan Document.
S:\ADMIN\POSPAPER\401a.MPPD.2.5.04.doc
Page 2 of 5
RESOLUTION NO.
A RESOLUTION ADOPTING THE REVISED
401(A) MONEY PURCHASE PLAN DOCUMENT, ADOPTION AGREEMENT,
AND EGTRRA AMENDMENT
WHEREAS, the Employer has employees rendering valuable services; and
WHEREAS, the Employer has established a 401(a) Money Purchase Plan for
such employees that serves the interest of the Employer by enabling it to provide
reasonable retirement security for its employees and by assisting in the attraction and
retention of competent personnel; and
WHEREAS, the Employer has determined that the continuance of the 401(a)
Money Purchase Plan will serve these objectives; and
WHEREAS, amendments to the Internal Revenue Code have been enacted that
require changes to the structure of and allow enhancements of the benefits of the
401(a) Money Purchase Plan:
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Central Contra Costa Sanitary District hereby adds the Required Minimum Distribution
Amendment to the District's 401(a) Money Purchase Plan Document, as of February 5,
2004.
PASSED AND ADOPTED this 5t" day of February 2004, by the District Board of
the Central Contra Costa Sanitary District by the following vote:
AYES:
NOES:
ABSENT
Members:
Members:
Members:
President of the Board of Directors
Central Contra Costa Sanitary District
COUNTERSIGNED: County of Contra Costa, State of California
Secretary of Central Contra Costa
Sanitary District, County of Contra
Costa, State of California
Approved as to Form:
Kent Alm
District Counsel
SAADMURATCLIFRResolution -401a MPPD.2.5.04.doc Page 3 of 5
ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN
AND TRUST
REQUIRED MINIMUM DISTRIBUTION AMENDMENT
A. Adoption and effective date of amendment. This Amendment of the ICMA Retirement Corporation Governmental Money
Purchase Plan & Trust (the "Plan ") and its Adoption Agreement is adopted to reflect the provisions of Internal Revenue Code
section 401(a) (9) and the regulations thereunder. This Amendment shall be effective as of the first day of the first Plan Year
beginning after December 31, 2002.
B. Supersession of inconsistent provisions. This Amendment shall supersede the provisions of the Plan and Adoption Agreement to
the extent those provisions are inconsistent with the provisions of this Amendment.
Article IX. COMMENCEMENT OF BENEFITS
9.07 Latest Commencement of Benefits. Notwithstanding anything to the contrary in this Article, benefits shall begin no later than the
Participant's required beginning date, as defined under Section 10.02, or as otherwise provided under Section 10.05.
X. DISTRIBUTION REQUIREMENTS
10.01 General Rules.
(a) Subject to the provisions of Article XII. the requirements of this Article shall apply to any distribution of a Participant's interest
and will take precedence over any inconsistent provisions of this Plan.
(b) All distributions required under this Article shall be determined and made in accordance with section 401(a) (9) of the Code, and
the regulations thereunder. the provisions of which are herein incorporated by reference. If distributions are made from an
annuity contract purchased from an insurance company, distributions thereunder must satisfy the requirements of Q &A -4 of
section 1.401(a) (9) -6T of the Temporary Income Tax Regulations, rather than paragraphs 10.02, 10.03, 10.04 and 10.05 below.
10.02 The entire value of the Account of the Participant will commence to be distributed no later than the first day of April following the
calendar year in which the later of (a) the attainment of age 70 -1/2 by the participant or (b) the separation from the service of the Employer
by the Participant occurs (the 'required beginning date "), over the life of such Employee or the lives of such Participant and his or her
Beneficiary.
10.03 The amount to be distributed each year, beginning with the calendar year in which the Employee attains age 70 -1/2 or separates
from the service of the Employer (if later) and continuing through the year of death, shall not be less than the quotient obtained by dividing
the value of the Account as of the end of the preceding year by the distribution period in the uniform Lifetime Table in Q &A -1 of section
1.401(a) (9) -9 of the Income Tax Regulations, using the Participant's age as of his or her birthday in the year. However, if the Participant's
sole Beneficiary is his or her surviving spouse and such spouse is more than 10 years younger than the Participant, then the distribution
period is determined under the Joint and Last Survivor Table in Q&A -3 of section 1.401(a) (9) -9 of the Income Tax Regulations, using the
ages as of the Participant's and spouse's birthdays in the year.
10.04 The required ininlntum distribution for the year the Participant attains age 70 -1/2 or separates from the service of the employer (if
later) can be trade as late as April 1 of the following year.
The required minimum distribution for any other year must be made by the end of such year.
10.05 Distribution Upon Death.
(a) Death On or After Required Beginning Date If the Participant dies on or after the required beginning date, the remaining
portion of his or her interest will be distributed at least as rapidly as follows:
(1) If the Beneficiary is someone other than the Participant's surviving spouse, the remaining interest will be distributed over the
remaining life expectancy of the Beneficiary, with such life expectancy determined using the Beneficiary's age as of his or her
birthday in the vear following the year of the Participant's death, or over the period described in paragraph (a) (3) below if
longer.
Page 4 of 5
(2) If the Participants sole Beneficiary is the Participant's surviving spouse, the remaining interest will be distributed over such
spouses life or over the period described in paragraph (a) (3) below if longer. Any interest remaining after such spouse's death
will be distributed over such spouses retraining life expectancy determined using the spouses age as of his or her birthday in
the year of the spouse's death, or, if the distributions are being made over the period described in paragraph (a) (3) below, over
such period.
(3) If there is no Beneficiary, or if applicable by operation of paragraph (a) (1) or (a) (2) above, the retraining interest will be
distributed over the Participant's remaining life expectancy determined In the year of the Participant's death.
(4) The amount to be distributed each year under paragraph (a) (1), (2) or (3), beginning with the calendar year following the
calendar year of the Participant's death, is the quotient obtained by dividing the value of the account as of the end of the
preceding year by the remaining life expectancy specified in such paragraph. Life expectancy is determined using the Single
Life Table in Q &A- I of section 1.401(a) (9) -9 of the Income Tax Regulations.
If distributions are being made to a surviving spouse as the sole Beneficiary, such spouse's remaining life expectancy for a year is the
number in the Single Life Table corresponding to such spouse's age in the year. In all other cases, remaining life expectancy for a year is
the number in the Single Life Table corresponding to the Beneficiary's or Participants age in the year specified in paragraph (a) (1), (2)
or (3) and reduced by 1 for each subsequent year.
(b) Death Before Required Beginning Date. If the Participant dies before the required beginning date, his or her entire interest will
be distributed at least as rapidly as follows:
(1) If the Beneficiary is someone other than the Participant's surviving spouse, the entire interest will be distributed, starting by
the end of the calendar year following the calendar year of the Participant's death, over the remaining life expectancy of the
Beneficiary, with such life expectancy determined using the age of the Beneficiary as of his or her birthday in the year
following the year of the Participant's death, or, if elected, in accordance with paragraph (b) (3) below.
(2) If the Participant's sole Beneficiary is the Participant's surviving spouse, the entire interest will be distributed, starting by the
end of the calendar year following the calendar year of the Participants death (or by the end of the calendar year in which the
Participant would have attained age 70 -1/2, if later), over such spouse's life, or, if elected, in accordance with paragraph (b) (3)
below. If the surviving spouse dies before distributions are required to begin, the remaining interest will be distributed,
starting by the end of the calendar year following the calendar year of the spouse's death, over the spouse's Beneficiary's
remaining life expectancy determined using such Beneficiary's age as of his or her birthday in the year following the death of
the spouse, or, if elected, will be distributed in accordance with paragraph (b) (3) below. If the surviving spouse dies after
distributions are required to begin, an_v remaining interest will be distributed over the spouse's remaining life expectancy
determined using the spouses age as of his or her birthday in the year of the spouse's death.
(3) If there is no Beneficiary, or if applicable by operation of paragraph (b) (1) or (b) (2) above, the entire interest will be distrib-
uted by the end of the calendar year containing the fifth anniversary of the Participant's death (or the Spouse's death in the
case of the surviving spouse's death before distributions are required to begin under paragraph (b)(2) above).
(4) The amount to be distributed each year under paragraph (b) (1) or (b) (2) is the quotient obtained by dividing the value of the
Account as of the end of the preceding year by the remaining life expectancy specified in such paragraph. Life expectancy is
determined using the Single Life Table in Q &A -1 of section 1.401(a) (9) -9 of the Income Tax Regulations. If distributions are
being made to a surviving spouse as the sole Beneficiary, such spouse's remaining life expectancy for a year is the number in
the Single Life Table corresponding to such spouse's age in the year. In all other cases, remaining life expectancy for a year is
the number in the Single Life Table corresponding to the Beneficiary's or Participant's age in the year specified in paragraph
(b) (1) or (b) (2) and reduced by 1 for each subsequent year.
Page 5 of 5