HomeMy WebLinkAbout03/18/2004 AGENDA BACKUPCentral Contra Costa Sar,,.ary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 18, 2004 No.: 4.a. CONSENT CALENDAR
Type of Action: CONFIRM PUBLICATION
subject: ADOPT A RESOLUTION CONFIRMING PUBLICATION OF DISTRICT
ORDINANCE NO. 229 — AN ORDINANCE AMENDING DISTRICT CODE CHAPTER
6.40, HAZARDOUS WASTE HANDLING AND DISPOSAL CHARGES FOR
CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS
Submitted By:
Joyce E. Murphy
Secretary of the District
Initiating Dept. /Div.:
Administrative Department
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
I
General Manager
ISSUE: Section 6490 of the Health and Safety Code of the State of California provides
that District ordinances shall be published once in a newspaper of general circulation
within the District, and provides that an Order of the Board of Directors of the District to
the effect that the ordinance has been published shall constitute conclusive evidence
that publication has been properly made.
RECOMMENDATION: Adopt a resolution confirming the publication of District
Ordinance No. 229.
FINANCIAL IMPACTS: None related to this issue.
ALTERNATIVES /CONSIDERATIONS: Establishes presumption that the ordinance
was correctly published and therefore would be deemed procedurally valid by a court.
BACKGROUND: District Ordinance No. 229 which was adopted by the Board at the
meeting of January 15, 2004, and which amends District Code Chapter 6.40,
Hazardous Waste Handling and Disposal Charges for Conditionally Exempt Small
Quantity Generators, was published in the Contra Costa Times on February 15, 2004.
Proof of publication is attached.
RECOMMENDED BOARD ACTION: Adopt a resolution confirming the publication of
District Ordinance No. 229.
Page 1 of 3
S:\ADMIN\MURPHY\Resolutions \POSITION PAPER - CONFIRM- PUB.doc
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Contra Costa
I am a citizen of the United States and a resident of the
County aforesaid; 1 am over the age of eighteen years,
and not a party to or interested in the above- entitled
matter.
I am the Principal Legal Clerk of the Contra Costa Times,
a newspaper of general circulation, printed and published
at 2640 Shadelands Drive in the City of Walnut Creek,
County of Contra Costa, 94598.
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of
October 22, 1934. Case Number 19764.
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not
in any supplement thereof on the following dates, to -wit:
February 15
all in the year of 2004
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Walnut Creek, Califo
On this 1tdy f F uary 2ignature
Contra Ces
P O Box
Walnut Creek, CA 94596
(925) 935 -2525
Proof of Publication of:
(attached is a copy of the legal advertisement that
published)
ORDINANCE No. 229
AN CENTRAL CONCTRA COSTA
TO AMEND DISTRICT CODE
HAZARDOUS WASTE
HANDLING AND DISPOSAL
CHARGESFOR
EXEMPT SMALLLNOUANTITY
GENERATC(SSRS
Con-
tra osttaa SSaanitaryrDistrict
(District) operates a per-
manent Household Haz-
ardous Waste Collection
lrril.b ( HHWCF) at 4797
Imhoff Place Martinez,
California; and
WHEREAS, the HHWCF and
its operating plan were de-
signed to provide hazard-
ous waste collection, han-
dling, recycling and dis-
dentillale customersth rand
small businesses that
qualify under state regula-
tions as "Conditionally Ex-
empt Small Quantity Gen-
erators," gpeenerally refer-
red to as CESQG; and
WHEREAS, the Board of Di-
rectors adopted Ordi-
nance No. 206 on August 6,
1998 adding Chapter 6.40
Hazardous waste Han -
dlin and Disposal Charg-
es or Conditionally Ex.
empt Small Quantity Gen-
erators to the Central Con.
tra Costa Sanitary District
Code;and
WHEREAS, Section 6.40.030
Of the District rity for to
Board of Directors, from
time to time, to determine
andadoptchar0pesforhan-
dlinQQ and disPOSaI of
CESQG hazardous wastes;
and
WHEREAS, the Board of Di-
rectors adopted Ordi-
nance No. 212 on Novem-
ber 19, 1999, revising Haz-
ardous Waste Handling
and Disposal Charges.
WHEREAS, a pro perlyy no.
ticed public hearing to re-
ceive comments on the
proposed Administration
ice and amendment of
District Code Chapter 6.40
was conducted by the
regularly scheduled tmeet
ing on January 15, 2004;
NOW, THEREFORE, the
Board of Directors of the
Central Contra Costa Sani.
tyry District does ordain
as follows:
section 1
Section 2
Add an Administration
Fee of no less thpan $20 for
Administration Fee will be
reviewed subsequent to
each future waste dispos-
al contract negotiations.
Section 3
This Ordinance shall be
general regulation of the
District and shall be pub-
lished once in the contra
Costa Times, a newsppaappeer
of general circulation wlth-
In the District, and shall
be
0 wive as of March 2,
PASSED AND ADOPTED by
the Board of Directors of
the Central Contra Costa
Sanitary District on the
15th day of January, 2004
by the following vote:
AYES: Members: B o n e t
Steele Hockett, Menesini,
Ne)edfy, Lucey
NOES: Members: None
ABSTAIN: Members: None
ABSENT: Members: None
/s/ Gerald R. Lucey
President of the
Board of Directors
central Contra Costa
Sanitary District
County of Contra Costa,
State of California
/f itr
Secretary Joyce District
Approved as to Form:
/ Kenton L Alm
Counsel for the District
Legal CCT 9379
Publish February IS, 2oo4
Page 2 of 3
RESOLUTION NO. 2004-
RESOLUTION CONFIRMING PUBLICATION OF DISTRICT ORDINANCE NO. 229
AN ORDINANCE AMENDING DISTRICT CODE CHAPTER 6.40
HAZARDOUS WASTE HANDLING AND DISPOSAL CHARGES FOR
CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS
WHEREAS, Section 6490 of the Health and Safety Code of the State of
California provides that District ordinances shall be published once in a newspaper of
general circulation within the District, and provides that an Order of the Board of
Directors of the District to the effect that the Ordinance has been published shall
constitute conclusive evidence that publication has been properly made.
NOW, THEREFORE, be it resolved by the Board of Directors of the Central
Contra Costa Sanitary District as follows:
THAT District Ordinance No. 229 which was adopted on January 15, 2004, and
which amends District Code Chapter 6.40, Hazardous Waste Handling and Disposal
Charges for Conditionally Exempt Small Quantity Generators, has been properly
published once since its adoption in a newspaper of general circulation within Contra
Costa County.
PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of
Directors this 18th day of March, 2004 by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
COUNTERSIGNED:
Secretary of the Central Contra Costa
Sanitary District, County of Contra
Costa, State of California
Approved as to Form:
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
Kenton L. Alm
District Counsel
Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 18, 2004
Type of Action: HUMAN RESOURCES
No.: 4.b. CONSENT CALENDAR
subject: DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN
ACCORDANCE WITH THE DISCIPLINARY APPEAL PROCEDURE
Submitted By: Cathryn R. Freitas, Initiating Dept /Div.: Administration /Human
Human Resources Manager Resources
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
l' .GryV Q C
C. Freitas usgraves
General
ISSUE: When a disciplinary matter has been appealed to the Board level, the Board
must employ a neutral third party to hear the matter and recommend action to the
Board in accordance with the Memorandum of Understanding (M.O.U.) between the
District and the Management Support/Confidential Group.
RECOMMENDATION: Direct staff to secure the services of an arbitrator.
FINANCIAL IMPACTS: The cost of the disciplinary hearing for an arbitrator and court
reporter is approximately $2000 per day and is borne by the District.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: Engineering Department Director Ann Farrell issued a Notice of
Intent to Suspend Source Control Superintendent Tim Potter for five working days
without pay. Mr. Potter appealed his proposed suspension at Step Three. General
Manager Charles Batts appointed Plant Operations Division Manager Doug Craig to
hear the appeal. Mr. Craig found that the proposed suspension was for cause and
upheld Ms. Farrell's decision. Mr. Potter is now appealing the suspension to the Board
for the services of an arbitrator.
The Personnel Committee was advised of this impending appeal at its February 24,
2004 meeting. Background information is available for Board reference in the Human
Resources Office.
RECOMMENDED BOARD ACTION: Direct staff to secure the services of an arbitrator.
CAMy Documents \PotterStep4PosPpr2- 25- 04.doc Page 1 of 1
Central Contra Costa Sark., ary District
' BOARD OF DIRECTORS
POSITION PAPER
REVISED 3/17/04
Board Meeting Date: March 18, 2004 No-: 6.a. BIDS AND AWARDS
Type of Action: AUTHORIZE AWARD
subject: AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO MCGUIRE &
HESTER FOR THE WALNUT CREEK NORTH MAIN STREET SEWER
REPLACEMENT PROJECT, DISTRICT PROJECT 5700; APPROVE
AUTHORIZATION OF AN ADDITIONAL $191,000 FROM THE COLLECTION
SYSTEM PROGRAM CONTINGENCY ACCOUNT FOR THE WALNUT CREEK
NORTH MAIN STREET SEWER REPLACEMENT PROJECT, D.P. 5700
Submitted By: Initiating Dept. /Div.:
Michael J. Penny, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
,V, e— l Lv�
M. Penny cki W.. Brennan
General Ma
ISSUE: On March 15, 2004, sealed bids were received and opened for construction of
the Walnut Creek North Main Street Sewer Replacement Project, DP 5700. The Board
of Directors must authorize award of the contract or reject bids within 50 days of the bid
opening. Authorization of the Board of Directors is required in an amount greater than
$50,000. Board of Directors' authorization is required for allocations from Capital
Improvement Budget (CIB) Program Contingency Accounts in amounts greater than
$25,000.
RECOMMENDATION: Authorize award of a construction contract. Authorize an
additional $191,000 from the Collection System Program Contingency Account for the
North Main Street Walnut Creek Project, DP 5700.
FINANCIAL IMPACTS: Approximately $491,000 including bid price, contingency, and
construction management.
ALTERNATIVES /CONSIDERATIONS: Reject all bids.
BACKGROUND: The Downtown Walnut Creek Facilities Plan, August 2000, identified
sewer improvement projects for the Downtown Walnut Creek area and ranked projects
according to cost effectiveness. Most of the sewer system in the study area existed
prior to the District's formation in 1946.
In spring 2003, the District was informed of the City of Walnut Creek's North Main
Streetscape Project. Part of this Project involves lowering the street grade and
consequently removing cover from a 6 -inch diameter clay sewer line. Less than 2 -feet
of cover would remain above this District line, which is unacceptable for traffic load
I: \Design \Position Papers\2004 \5700 Award.DOC Page 1 of 6
POSITION PAPER
Board Meeting Date: March 18, 2004
subject. AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO MCGUIRE &
HESTER FOR THE WALNUT CREEK NORTH MAIN STREET SEWER
REPLACEMENT PROJECT, DISTRICT PROJECT 5700; APPROVE
AUTHORIZATION OF AN ADDITIONAL $191,000 FROM THE COLLECTION
SYSTEM PROGRAM CONTINGENCY ACCOUNT FOR THE WALNUT CREEK
NORTH MAIN STREET SEWER REPLACEMENT PROJECT, D.P. 5700
bearing. The City's project area overlaps two projects identified in the downtown
Walnut Creek Facilities Plan and is located on North Main Street between Civic Drive
and Ygnacio Valley Road (See Attachment 1). These lines were identified in the
Facilities Plan for needing replacement due to grease buildup, roots, and sags.
This Project was scheduled for construction in FY 2012 -13, but because the City of
Walnut Creek is regrading North Main Street now, the District is coordinating efforts
with the City to minimize construction impacts to businesses and traffic. District staff
negotiated with the City of Walnut Creek to include the replacement of the sewer in the
City's road reconstruction project. At the November 6, 2003, Board Meeting the Board
authorized a Joint Powers Agreement with the City of Walnut Creek to include the
sewer in the City's project. The low bidder for the Streetscape work bid the sewer
portion of the work at over two times the Engineer's estimate. The District elected to
drop out of the City's project and bid and construct the sewer work by its self.
Approximately 1640 feet of existing 8 -inch sewer will be replaced with 12 -inch and 8-
inch sewer at a greater depth and steeper slope.
Plans and specifications were prepared by District staff. The Engineer's estimate for
the construction of the Walnut Creek North Main Street Sewer Replacement Project is
$430,000. The Project was advertised on February 25 and March 1, 2004. Five (5)
sealed bids ranging from $324,657 to $488,880 were received and publicly opened on
Mach 15, 2004. A summary of bids received is shown in Attachment 2. The Capital
Projects Division staff conducted a technical and commercial evaluation of these bids
and has determined that McGuire & Hester is the lowest responsible bidder with a bid
amount of $324,657.
District staff will perform construction contract administration, inspection, survey, office
engineering, and shop drawing review. Construction of the Walnut Creek North Main
Street Sewer Replacement Project is not included in the fiscal year 2003 -2004 Capital
Improvement Budget (CIB). The total funds required from the Collection System
Program Contingency Account for this Project are $491,000 as shown in Attachment 3.
The Board authorized $300,000 from the Contingency Account at its November 6, 2003
Meeting. An additional authorization of $191,000 from the Contingency Account is
required to complete this Project. Staff has conducted a cash flow analysis of the
Sewer Construction Fund and concluded that adequate funds are available for this
Project.
L \Design \Position Papers\2004 \5700 Award.DOC Page 2 of 6
POSITION PAPER
Board Meeting Date: March 18, 2004
subject AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO MCGUIRE &
HESTER FOR THE WALNUT CREEK NORTH MAIN STREET SEWER
REPLACEMENT PROJECT, DISTRICT PROJECT 5700; APPROVE
AUTHORIZATION OF AN ADDITIONAL $191,000 FROM THE COLLECTION
SYSTEM PROGRAM CONTINGENCY ACCOUNT FOR THE WALNUT CREEK
NORTH MAIN STREET SEWER REPLACEMENT PROJECT, D.P. 5700
On November 6, 2003, the Board independently found the Walnut Creek North Main
Street Sewer Replacement Project to be exempt from the California Environmental
Quality Act.
RECOMMENDED BOARD ACTION: Staff recommends that the Board authorize
award of a construction contract in the amount of $324,657 for construction of the
Walnut Creek North Main Street Sewer Replacement Project, District Project 5700, to
McGuire & Hester, the lowest responsible bidder and authorize an additional $191,000
from the Collection System Program Contingency Account for the Walnut Creek North
Main Street Sewer Replacement Project, District Project 5700.
I: \Design \Position Papers\2004 \5700 Award.DOC Page 3 of 6
Central Contra Costa Attachment
Sanitary District WALNUT CREEK
NORTH MAIN STREET PROJECT
' D.P. 5700
V
Ni
Paqe 4 of 6
ATTACHMENT 2
Central Contra Costa Sanitary District
SUMMARY OF BIDS
PROJECT NO. 5700, Walnut Creek North Main Street Sewer Replacement Project
DATE: March 15, 2004 LOCATION: Martinez, California ENGINEER EST.: $430,000
NUMBER
BIDDER
(Name & Address)
BID PRICE
McGuire & Hester
1
9009 Railroad Avenue
$324,657
Oakland, CA 94603
K. J. Woods Construction
2
2625 Judah Street, #2
$334,000
San Francisco, CA 94122
Bay Cities Paving & Grading, Inc.
3
5029 Forni Drive
$448,418
Concord, CA 94520
M.J.B. Pipeline
4
P.O. Box 192
$486,670
Mt. Eden, CA 94557
California Trenchless
5
2283 Dunn Road
$488,880
Hayward, CA 94545
BIDS OPENED BY: /s/ Joyce E. Murphy DATE: March 15, 2004
SHEET NO. 1 OF 1
I: \Design \Position Papers\2004 \5700 Award.DOC Page 5 of 6
ATTACHMENT 3
WALNUT CREEK NORTH MAIN STREET SEWER REPLACEMENT PROJECT
DISTRICT PROJECT NO. 5700
POST - BID /PRECONSTRUCTION ESTIMATE
I: \Design \Position Papers\2004 \5700 Award.DOC Page 6 of 6
PERCENT OF
ESTIMATED
ITEM DESCRIPTION
TOTAL
CONSTRUCTION
1
a. Construction Contract
$324,657
b. Contingency @ 20 percent
64,343
c. Permit Inspection Fees
5,000
CONSTRUCTION TOTAL:
$394,000
100.0
2
Construction Management
District Forces
- Construction Management
$ 7,000
- Contract Administration /Inspection
35,000
- Office Engineering Services
2,000
- Record Drawings
2,000
- Community Relations
2,000
- Surveying
5,000
- Collection System Operations
2,000
- Material Testing
2,000
SUBTOTAL CONSTRUCTION MANAGEMENT:
$57,000
14.5
3
TOTAL CONSTRUCTION PHASE COST (1 +2):
$451,000
4
TOTAL PRE -BID EXPENDITURES:
$ 40,000
10.2
5
TOTAL DESIGN & CONSTRUCTION MANAGEMENT COSTS:
$ 97,000
24.6
6
TOTAL ESTIMATED PROJECT COST (3 +4):
$491,000
124.6
7
Funds Authorized to Date from Contingency Account
$300,000
8
Additional Authorization from Contingency Account Required to
Complete Project
$191,000
I: \Design \Position Papers\2004 \5700 Award.DOC Page 6 of 6
Central Contra Costa San_ try District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 18, 2004 No.: 6.a. BIDS AND AWARDS
Type of Action: AUTHORIZE AWARD
subject: CONSIDER AUTHORIZING AWARD OF CONSTRUCTION CONTRACT
FOR THE WALNUT CREEK NORTH MAIN STREET SEWER REPLACEMENT
PROJECT, DISTRICT PROJECT 5700
Submitted By: Initiating Dept /Div.:
Michael J. Penny, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
� l (wt �`
ft 'Penny W. Brennan A. Fa II Marles W. B tt ,
General Mana er
ISSUE: Due to the fast track of the Walnut Creek North Main Street Project, sealed
bids will be opened on March 15, 2004. A position paper with the appropriate
information to either award the contract or reject all bids will be provided to the Board as
soon as possible prior to the Board meeting.
RECOMMENDATION: Consider authorizing award of construction contract for the
Walnut Creek North Main Street Project after construction bids are received and
evaluated by staff.
BACKGROUND: In spring 2003, the District was informed of the City of Walnut Creek's
North Main Streetscape Project. Part of this project involves lowering the street grade
and consequently removing cover over the District's 6 -inch diameter clay sewer line.
Less than 2 -feet of cover would remain above this sewer line, which is unacceptable for
bearing traffic loads. The City's project area overlaps two projects identified in the
downtown Walnut Creek Facilities Plan and is located on North Main Street between
Civic Drive and Ygnacio Valley Road (See Attachment 1). These lines were identified
in the Facilities Plan for replacement due to capacity, age and condition.
This project was scheduled for construction in FY 2012 -13, but because the City of
Walnut Creek is regrading North Main Street now, the District is coordinating efforts
with the City to minimize construction impacts to businesses and traffic. District staff
negotiated with the City of Walnut Creek to include the replacement of the sewer as
part of the City's road reconstruction project. At the November 6, 2003, Board Meeting
the Board authorized a Joint Powers Agreement with the City of Walnut Creek to
include the sewer in the City's project. The low bidder for the City of Walnut Creek's
Streetscape work bid the sewer portion of the work higher than expected, over two
times the Engineer's estimate. The District elected to remove this work from the City's
project and bid and construct the sewer work separately. Approximately 1640 feet of
existing 8 -inch sewer will be replaced with 12 -inch and 8 -inch sewer at a greater depth
LAPosition Papers \Brennan \5700Award.DOC Page 1 of 3
POSITION PAPER
Board Meeting Date: March 18, 2004
Subject. CONSIDER AUTHORIZING AWARD OF CONSTRUCTION CONTRACT
FOR THE WALNUT CREEK NORTH MAIN STREET SEWER REPLACEMENT
PROJECT, DISTRICT PROJECT 5700
and with a steeper slope. As previously discussed with the Board, staff expedited
bidding this project to coordinate with the City of Walnut Creek's project schedule.
Due to the fast tracking of this project, the District bid schedule has been expedited and
the bids are scheduled to be open on Monday, March 15, 2004. At that time staff will
make a recommendation and write a position paper for Board review. The position
paper will be forwarded to the Board as soon as practical.
RECOMMENDATION: Consider authorizing award of construction contract for the
Walnut Creek North Main Street Project, DP 5700, after construction bids are received
and evaluated by staff.
LAPosition Papers \Brennan \5700 Award.DOC Page 2 of 3
Central Contra Costa
Sanitary District WALNUT CREEK
a �1 NORTH MAIN STREET PROJECT
D.P. 5700 Page 3 of 3
Attachment
1
Walnut Creek
North Main Street
Sewer
Replacement
Board Report
March 18, 2004
Project Description
Project Background
Bid Results
Recommendation
City of Walnut Creek Project
Resurface North Main Street
Lower Roadway Surface by 2 feet
➢ Requested District to Accelerate
Future Work
District Sewer
➢ Existing 6" VC Sewer was Built in
1947
➢ Has Minimum Cover of 4 feet
➢ Flat Line
➢ High Maintenance
➢ August 2000 Downtown Walnut Creek
Facilities Plan
➢ Scheduled for 2012 in CIP
Joint Powers Agreement
➢ July 31, 2003 Meeting with City
➢ December 2003, Joint Powers
Agreement
➢ District Provided Plans and Technical
Specifications to City
➢ January, 2004, the City Advertised
the Combined Project
City Bid Results
➢ February 6, 2004, City Opened Bids
➢ City Work Bid Price - $2,251,900
➢ District Work Bid - $633,700
➢ Engineers estimate - $280,000
➢ February 11, Staff Decision Made to
Bid the Project Ourselves
Fast -Track Bid
➢ Start Preparation of Project
Documents
o Design Drawing Revisions
o Front End Bid Documents
o General and Technical Specifications
➢ Feb. 19 - Notified Board of City Bid
Results and the Intent to Bid and
Construct the Project Independent of
the City
➢ March 1 - Advertised Project
➢ March 15 - Opened Bids
CCCSD Bid Results
➢ Low Bid - $324,657
➢ Cost Savings - $300,000
➢ Contractor — McGuire and Hester
Recommendation
❖ Authorize Award of Contract to
McGuire and Hester.
❖ Authorize an Additional $191,000
from the Collection System
Program Contingency Account for
a Total of $491,000 for this
project.
Central Contra Costa San..ary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 18, 2004 No,: 8,a. ENGINEERING
Type of Action: APPROVE LEASE AGREEMENT
subject: AUTHORIZE EXECUTION OF A LEASE AGREEMENT WITH AT &T
WIRELESS PCX, INC., FOR THE INSTALLATION AND OPERATION OF A
WIRELESS COMMUNICATIONS SITE AT 1268 SPRINGBROOK ROAD (CSO
SITE), WALNUT CREEK.
Submitted By: Initiating Dept /Div,:
Ricardo Hernandez Engineering /Environmental Services
Senior Engineering Assistant
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
i
Aw
R. Hernandez vH. T om C. Swan'sorf A. Farrell C arles W. atts,
General Manager
ISSUE: The Board of Directors must approve Lease Agreements and authorize
recording of property transactions.
RECOMMENDATION: Approve the Lease Agreement with AT &T and authorize
recording of the Memorandum of Lease.
FINANCIAL IMPACTS: The lease amount is $1,250 monthly with a 15% increase for
each 5 -year renewal option up to 20 years.
ALTERNATIVES /CONSIDERATIONS: The Board could elect not to approve the Lease
Agreement. The area of the CSO yard subject to this lease is already encumbered by a
PG &E transmission tower easement. AT &T is also entering into a lease agreement
with PG &E to allow the installation after Board approval.
BACKGROUND: AT &T is proposing to install a wireless communications facility at the
CSO property. The antennae would be attached to the existing PG &E's transmission
tower within the CSO yard. The ground equipment will be located on a 10x15 -foot
concrete pad (see attached map). AT &T has entered into an agreement with PG &E to
install these facilities on the transmission tower. If the lease is approved, AT &T will be
accessing the site twice a month.
Staff negotiated the terms and amount of the lease based on current market rates for
similar sites and with the assistance of a Right -of -Way Consultant (A. C. Louie —
Acquisition Services) specializing in this type of installation.
Page 1 of 3
1JAPosition Papers \Hernandez R\AT &T.doc
POSITION PAPER
Board Meeting Date: March 18, 2004
Subject. AUTHORIZE EXECUTION OF A LEASE AGREEMENT WITH AT &T
WIRELESS PCX, INC., FOR THE INSTALLATION AND OPERATION OF A
WIRELESS COMMUNICATIONS SITE AT 1268 SPRINGBROOK ROAD (CSO
SITE), WALNUT CREEK.
RECOMMENDED BOARD ACTION: Adopt a resolution authorizing the President of
the Board and Secretary of the District to execute the Lease Agreement with AT &T and
authorize the recording of the Memorandum of Lease with the County Recorder.
Page 2 of 3
U: \Position Papers \Hernandez R\AT &T.doc
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Attachment
MAP
Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 18, 2004 No.: 8.b. ENGINEERING
Type of Action: AUTHORIZE PERMIT CONTRACT
Subject AUTHORIZE GENERAL MANAGER TO EXECUTE PERMIT CONTRACT WITH
ACME FILL CORPORATION FOR DISCHARGE OF TREATED LANDFILL LEACHATE
Submitted By: Initiating Dept /Div.:
Timothy Potter, Source Control Engineering /Environmental Services
Program Superintendent
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
T. Potter H. Thom C. Swanson A. Farr K. Im Charles W. E
General Man
ISSUE: Wastewater Discharge Permit Contracts for Class I Industrial Users must be
approved by the Board of Directors.
RECOMMENDATION: Authorize the General Manager to execute the 3 -year Permit
Contract with Acme Fill Corporation regarding the acceptance of treated leachate.
FINANCIAL IMPACTS: No adverse financial impacts are anticipated from entering into this
contractual agreement with Acme. Source Control, laboratory, and legal costs are recovered
for billable activities. Treatment plant and collection system costs are recovered through the
Sewer Service Charge.
ALTERNATIVES /CONSIDERATIONS: Two primary alternatives to the proposed Permit
Contract were considered: 1) to not accept the treated leachate; or 2) to authorize the
discharge of treated leachate through the District's existing Class II Industrial User Permit
Program. Neither alternative is preferred over the proposed Permit Contract.
BACKGROUND: The District has accepted Acme's pretreated landfill leachate since the
early 1990's, and through permit contracts since 1994. A contract is used to protect the
District and to preserve the right to modify the discharge conditions or stop receiving the
treated leachate. The District chose to receive the leachate at the suggestion of the
Regional Water Quality Control Board (RWQCB) to protect the local environment and
because the District's sludge and ash had been disposed of at Acme Fill.
During the last almost four years, Acme has operated the Leachate Treatment Plant (LTP) in
compliance with the conditions of the Permit Contract and has not been issued a Notice of
Violation or a Warning Notice. The proposed Permit Contract improves on the protection in
the previous Permit Contracts and addresses certain changes requested by both the District
Source Control and Acme representatives.
Page 1 of 2
U: \Position Papers \Potter\AcmeFill.pp.doc
POSITION PAPER
Board Meeting Date: March 18, 2004
Subject: AUTHORIZE GENERAL MANAGER TO EXECUTE PERMIT CONTRACT WITH
ACME FILL CORPORATION FOR DISCHARGE OF TREATED LANDFILL LEACHATE
The proposed Acme Landfill Permit Contract contains the following significant changes over
the current Permit Contract:
• Continuous effluent monitoring will be expanded to include ammonia and turbidity;
• The District will be provided with continuous access to the effluent and in- process
monitoring results from an on -line account provided by Acme;
• The contract was modified during the prior contract term to include landfill gas
condensate from the landfill gas recovery system operated within the landfill to be
treated by the LTP. The proposed contract includes this additional source of
acceptable wastewater;
• The self- monitoring program required by Acme (contained in Exhibit A) is modified to
require whole effluent toxicity for red abalone to match the testing required of the
District, and establishes a lower effluent limit for mercury.
As with the previous Permit Contract, the proposed Permit Contract includes conditions that
allow the District to change the leachate monitoring parameters or effluent limits to protect
District facilities and operations, or to meet new regulatory requirements. The District also
has the right to suspend or terminate the leachate discharge if acceptance of the treated
leachate effects the District's ability to meet NPDES limits, results in the District's treatment
plant being classified as a hazardous waste treatment facility, or effects the District's ability
to reclaim water.
Staff has concluded that approval of this contract is exempt from the California
Environmental Quality Act (CEQA). Approval of this Permit Contract will establish the Board
of Directors' independent finding that this contract is exempt from CEQA.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute the Permit
Contract with Acme Fill Corporation regarding the acceptance of treated landfill leachate
from the Acme Landfill located in Martinez, California.
Page 2 of 2
UAPosition Papers \Potter\AcmeFill.pp.doc
Central Contra Costa Sanicary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 18, 2004 No.: 10.a. BUDGET AND FINANCE
Type of Action: AUTHORIZE PUBLIC NOTICE
subject: AUTHORIZE THE SECRETARY OF THE DISTRICT TO PROVIDE PUBLIC
NOTICE OF PROPOSED SEWER SERVICE CHARGE INCREASE
Submitted By: Debbie Ratcliff, Controller Initiating Dept. /Div.: Administrative
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
�o
D. RffiWf X_Mo6raves
General
W.
ISSUE: The stated policy of the District's Board of Directors to comply with Proposilic
218 public notice requirements, providing 45 days written notice to ratepayers prior to
considering a proposed Sewer Service Charge rate increase at a public hearing.
RECOMMENDATION: Authorize mailing public notice of a proposed three -year Sewer
Service Charge rate increase of up to $8 per year each year for the first two years and
up to $9 the third year.
FINANCIAL IMPACTS: The cost of mailing public notice by postcard to District
ratepayers is estimated to be approximately $30,000.
ALTERNATIVES /CONSIDERATIONS: Discontinue the Board policy of Proposition
218 notice, if advisable, or provide alternative public notice.
BACKGROUND: The District Board established the policy of providing written pubic
notice of Sewer Service Charge increases, and the scheduled public hearing in
addition to the required legal notice published in the newspapers. This policy
established the criteria of public notice as outlined in Proposition 218, even though
there may be ambiguity as to its statutory requirement. This requires staff to provide
not less than 45 -day notice to all rate paying property owners. For such notice to be
given, before the June 3, 2004 Board meeting Public Hearing, mailing preparations
must begin before April 1, 2004.
The phased approach to rate increases used by the District over the past three years
has allowed the Board to make annual evaluations and adjustments in both the charge
for service and the level of service provided. As discussed with the Board at the
January 29 Financial Planning and Policy Workshop and again at the Board meetings
of February 19 and March 4, 2004, based on the operating and capital needs, the
uncertainty of impacts resulting directly and indirectly from the State budget deficit, and
the prudent level of reserves required; and taking into account the near -term savings
C: \DOCUME- 1ljlopez.000\LOCALS -1 \Temp \SSCPUB -1.DOC Page 1 Of 3
POSITION PAPER
Board Meeting Date: March 18, 2004
subject: AUTHORIZE THE SECRETARY OF THE DISTRICT TO PROVIDE PUBLIC
NOTICE OF PROPOSED SEWER SERVICE CHARGE INCREASE
achieved and staff's commitment to achieve additional savings where possible, a three -
year phased Sewer Service Charge rate increase was recommended by staff. The
Board will eventually set the amount of the increase; however, consensus indicated
that an inflationary adjustment of three percent was justifiable. Since the notice must
specify the amount of the increase, an amount of up to $8 per year each year for the
first two years and up to $9 the third year, is recommended. The three percent
increase will be used to offset the costs of inflationary increases, salary and benefit
cost increases, and capital projects. A copy of the proposed public notice is attached
for the Board's consideration. The proposed rate increase is not meant to offset the
possible loss of ad valorem tax revenue, should the District lose such income in the
future. The Board would have to address such future events during its annual review of
the Sewer Service Charge.
In order to comply with the Proposition 218 timeline and provide the 45 -day ratepayer
notice, Board comments are requested on the proposed public notice and authorization
is requested for mailing the public notice to residential and nonresidential customers.
RECOMMENDED BOARD ACTION: Authorize the Secretary of the District to provide
public notice of the proposed three -year Sewer Service Charge rate increase of $8
each year for the first two years and $9 the third year.
Page 2 of 3
C:\DOCUME-111opez.00MLOCALS -1 \Temp \SSCPUB -1.D0C
PRESORTED
FIRST CLASS
US POSTAGE
PAID
PERMIT #530
CONCORD, CA
Notice of Public Hearing to Consider Rate Increase
The Board of Directors of the Central Contra Costa Sanitary District (CCCSD)
invites you to a Public Hearing to consider raising the annual Sewer Service Charge
for residential and nonresidential customers.
• WHEN: Thursday, June 3, 2004, 2:00 p.m.
• WHERE: CCCSD Board Meeting Room, 5019 Imhoff Place, Martinez, CA, 94553
(directions available at the Districts website: www.centralsan.org)
• The current residential rate is $272 per year; the Board will be considering an
increase of up to $8 per year each year for the first two years and up to $9 the third
year. This is a 3% increase to pay for inflationary increases.
• More information, including nonresidential rate proposals, is included in the Spring
2004 issue of the CCCSD Pipeline newsletter (which you should receive soon) and is
also available at the Districts website: www.centralsen.org
• Written comments or protests may be mailed to the Secretary of the District at the
above address, or e- mailed to rates@ centralsan.dst.ca.us and must be received
prior to the start of the Public Hearing.
• Call (925) 335 -7739 if you have questions relating to the proposed Sewer
Service Charges.
6012 - 3/2004
Page 3 of 3
Central Contra Costa Sanli-ary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 18, 2004 No.: 10.b. BUDGET AND FINANCE
Type of Action: RECEIVE ANNUAL REPORT
Subject: RECEIVE THE 2003 ANNUAL REPORT OF THE DEFERRED
COMPENSATION PLAN ADVISORY COMMITTEE
Submitted By: Initiating Dept./Div.:
Debbie Ratcliff, Controller Administrative /Finance & Accounting
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
O
D. Ra 1 V.MLsfgraves
Charles W.
General M.
ISSUE: The Deferred Compensation Plan Advisory Committee (Committee)
respectfully submits its 2003 Annual Report.
RECOMMENDATION: Receive the Annual Report of the Deferred Compensation Plan
Advisory Committee for 2003 and provide any comments to staff.
FINANCIAL IMPACTS: None
ALTERNATIVES /CONSIDERATIONS: None
BACKGROUND: The Board of Directors approved the establishment of the Committee
in January 1982. The scope of activities of the Committee includes:
• Establishing internal administrative procedures
• Educating participants regarding the Plan
• Reviewing emergency withdrawal requests
• Reviewing investment performance of the Plan
• Submission of an annual report to the Board of Directors and Plan
participants
The Committee is made up of the following Departmental representatives:
Debbie Ratcliff, Controller — Chairperson
David Rolley, Accounting Technician III —Administrative
Michael Penny, Associate Engineer — Engineering
Ron Galloway, Maintenance Crew Leader — Collection System Operations
Bill McEachen, Associate Control Systems Engineer — Plant Operations
RECOMMENDED BOARD ACTION: Receive the Annual Report of the Deferred
Compensation Plan Advisory Committee for 2003 and provide any comments to staff.
S: ADMIN\ POSPAPERAnnual .Report.2003.Def.Comp.doc Page 1 of 13
Central Contra Costa Sanitary District
DEFERRED COMPENSATION PLAN ADVISORY COMMITTEE ANNUAL REPORT
JANUARY 2003 — DECEMBER 2003
The Deferred Compensation Plan Advisory Committee (the Committee) was
established by the Board of Directors to facilitate the internal administration of the
District's Deferred Compensation Plan. The scope of the Committee's activities
encompass the following:
• Establish internal District administrative procedures within the provisions of the
Deferred Compensation Plan document.
• Educate participants regarding the plan provisions by issuing a handbook which
summarizes the Deferred Compensation Plan and responding to questions from
participants.
• Review accountability by the Program Administrators, Hartford Life Insurance
Company (Hartford), National Deferred, and ICMA Retirement Corporation
(ICMA) and respond to participants' queries regarding accuracy or propriety of
account balances.
• Review participants' requests for emergency withdrawal of funds and make
recommendations for acceptance or denial Board of Directors.
• Review investment performance of the Deferred Compensation Plan on an
annual basis.
During the period of January 2003 through December 2003, the Committee addressed
all of the activities included in its scope of responsibilities through the conscientious
efforts of all of the Committee members.
The performance of Hartford, National Deferred, and ICMA in administering the
Deferred Compensation Plan during the 2003 report is considered to be satisfactory.
The performance results of the Hartford, National Deferred, and IMCA stock and bond
investments for the calendar year 2003 follow.
S:\ ADMIN\ POSPAPER\ Annual.Report.2003.Def.Comp.doc Page 2 of 13
Please note the following when reviewing Plan results:
• Market index benchmarks have been provided for comparative purposes only. These indexes
reflect broad based changes in the market conditions based on average performance. Indices
are unmanaged and reflect no fees or expenses and are not available for direct investment.
• Rate of returns quoted by providers and fund managers include reinvestment of capital
appreciation (depreciation), plus realized gain (losses), dividends and interest income.
• All rate of return performance results are net of annual asset -based fees, which include fund
manager fees and expenses, marketing fees and plan administrative fees.
• In general, plan administrative fees are charged by the carriers and differ between the
carriers. The basic plan administrative fees are as follows:
National Deferred An annual plan administrative fee of .29 percent is deducted from the
participants account and is based on the participant's account balance.
ICMA There is no plan administrative fee.
Hartford During 2003 the plan administrative fee decreased to .25 percent for
all funds.
For additional information on fee charges consult with your plan provider. The above
information is general information. Additional fees may be incurred for other items such as
transfers and withdrawals. See Attachment 1 to this report.
Results shown represent past performance and are not a guarantee of future performance.
Ask your Plan Representative for a current prospectus for each fund in which you are
interested. The current prospectus presents more complete information about the fund
including fund charges and expenses. Read it carefully before investing in that option under
the Plan.
Page 3 of 13
• Blue Chip Company is used in the context of general stock market investments. Large and
creditworthy company. Company renowned for the quality and wide acceptance of its
products or services, and for its ability to make money and pay dividends.
• Dollar Cost Averaging or Constant Dollar Plan is a method of purchasing securities by
investing a fixed amount of money at set intervals. The investor buys more shares when the
price is low and fewer shares when the price is high, thus reducing the average cost.
• Dow Jones Industrial Average or DJIA is the best known U.S. index of stocks. It is
comprised of 30 actively traded blue -chip stocks, primarily industrials, including stocks that
trade on the New York Stock Exchange. The Dow, as it is called, is an indicator of how the
largest U.S. companies are performing. Measuring the Dow Jones Industrial Average is used
to gauge the direction of the stock market.
• Indexing is a passive instrument strategy consisting of the construction of a portfolio of
stocks designed to track the total return performance of an index of stocks.
• Lehman Brothers Bond Index is an unmanaged list of U.S. Treasury /Agency and
investment grade corporate debt securities. It is used as a general measure of performance
of fixed income securities.
• MSCI Europe, Australia/Asia, and Far East or EAFE index is the European, Australian,
and Far East stock index, computed by Morgan Stanley Capital International. This index is
used to measure the general performance of the international market.
• Mutual Funds are pools of money that are managed by an investment company and
regulated by the Investment Company Act of 1940. The investment company purchases
securities which become jointly owned by its shareholders. The fund's portfolio is managed
by a professional money manager. They offer investors a variety of goals depending on the
fund and can invest in equity, debt, cash, real estate, options and futures.
• NASDAQ (once an acronym for National Association of Securities Dealers Automated
Quotation System) is a computerized system that provides price quotations to market
participants about the more actively traded common stock issues in the over the counter
market. This market is comprised of securities not listed on a stock or bond exchange. Large
technology stocks have a major effect on this index value. The NASDAQ stock market is
comprised of two separate markets, namely the NASDAQ National Market, which trades
large, active securities and the NASDAQ Smallcap Market that trades emerging growth
companies. The NASDAQ market includes approximately 5,000 common stocks in the
system.
• Standard & Poor's 500 or S &P 500 is an index of blue chip stocks, which measures
changes in stock market conditions based on the average performance of 500 widely held
common stocks. The S &P 500 is one of the most widely used benchmarks of U.S. equity
performance. This index tracks industrial, transportation, financial and utility stocks with
heavy emphasis on industrial companies.
• Treasury Bill or T Bill is a discounted government security that matures in one year or less.
It is a negotiable debt obligation issued by the U.S. government.
Page 4 of 13
CCCSD Deferred Coml. -jistribution
BY ADMINISTRATOR AND INVESTMENT TYPE
CCCSD Deferred Comp Distribution
BY ADMINISTRATOR
December 31, 2003
HARTFORD NATIONAL
$8,326,358 DEFERRED
15.9% $11,448,807
21.9%
ICMA 401(a)
$8,492,293
16.2%
ICMA 457
$24,064,390
46.0%
■ NATIONAL DEFERRED ■ ICMA 457 O ICMA 401(a) E3 HARTFORD
CCCSD Deferred Comp Distribution
BY INVESTMENT TYPE
December 31, 2003
SAVINGS
$16,983,407
32.5%
STOCK
BONDS $34,157,299
$1,191,142 65.3%
2.2%
■STOCK ■BONDS ❑SAVINGS
NATIONAL
NOMWEINT
%
DEFERRED
ICMA 457
ICMA 401(a)
HARTFORD
TOTAL
65.3%
$7,946,494
$15,500,441
$6,949,866
$3,760,498
$34,157,299
2.2%
554,475
221,481
75,454
339,732
1,191,142
32.5%
2,947,838
8,342,468
1,466,973
4,226,128
16,983,407
A1.ift
100.0%
$11,448,807
$24,064,390
$8,492,293
$8,326,358
$52,331,848
CCCSD Deferred Comp Distribution
BY ADMINISTRATOR
December 31, 2003
HARTFORD NATIONAL
$8,326,358 DEFERRED
15.9% $11,448,807
21.9%
ICMA 401(a)
$8,492,293
16.2%
ICMA 457
$24,064,390
46.0%
■ NATIONAL DEFERRED ■ ICMA 457 O ICMA 401(a) E3 HARTFORD
CCCSD Deferred Comp Distribution
BY INVESTMENT TYPE
December 31, 2003
SAVINGS
$16,983,407
32.5%
STOCK
BONDS $34,157,299
$1,191,142 65.3%
2.2%
■STOCK ■BONDS ❑SAVINGS
CCCSD Deferre, ,'omp Stocks and Mutual Fu is
Calendar Year Ended
December 31, 2003
Rate of Return ( %)
Market Index Benchmarks
MSCI Europe, Australia/Asia, and Far East (EAFE) 38.59%
Standard & Poor's 500 28.69%
Dow Jones Industrial Average 25.32%
National Deferred - Source: Performance Results of "Core List" Mutual Funds (Without Plan Charges), less
.29% National Deferred plan administration fee as of 12/31/03.
DFA U.S. Micro Cap Portfolio
60.43%
Federated Kaufmann Fund
44.79%
Invesco Technology Fund
42.87%
Invesco Dynamics Fund
37.98%
Vanguard Primecap`
37.46%
Neuberger & Berman Partners Trust
35.37%
Invesco Small Company Growth Fund
33.20%
EuroPacific Growth Fund
32.62%
Growth Fund of America
32.61%
Janus Fund
31.42%
Scudder Dreman High Return Equity
31.05%
Templeton Foreign Fund
30.22%
Vanguard Windsor 11*
29.79%
Fidelity Equity Income Fund
29.67%
Mutual Beacon Fund
28.70%
Vanguard Institutional Index
28.37%
Vanguard 500 Index Fund*
28.21%
Fidelity Contrafund
27.66%
Gartmore Total Return Fund
26.42%
Investment Company of America
26.02%
Vanguard US Growth*
25.81%
Dreyfus Premier Third Century Fund
25.58%
American Century Ultra Fund
25.54%
Washington Mutual Investors
25.54%
PBHG Growth Fund
25.31%
Income Fund of America
24.98%
Fidelity Magellan Fund*
24.53%
Janus Worldwide Fund
23.94%
Fidelity Puritan Fund*
21.91%
Vanguard Wellington Fund*
20.46%
Fidelity Growth & Income Fund*
18.72%
Janus Adviser Capital Appreciation Fund
18.63%
Rate of return was obtained from the fund manager, less .29% National Deferred plan administration fee.
Page 6 of 13
CCCSD Deferre pomp Stocks and Mutual Fu 1s
Calendar Year Ended
December 31, 2003
Rate of Return ( %)
Market Index Benchmarks
MSCI Europe, Australia/Asia, and Far East (EAFE) 38.59%
Dow Jones Industrial Average 28.69%
Standard & Poor's 500 25.32%
National Deferred (cont'dy Source: Performance Results of "Core List" Mutual Funds (Without Plan Charges), less
.29% National Deferred plan administration fee as of 12131/03.
Gartmore Investor Destinations Funds
Aggressive 31.40%
Moderately Aggressive 26.02%
Moderate 19.42%
Moderately Conservative 13.24%
Conservative 7.36%
The Gartmore Investor Destinations Funds are designed to provide diversification and asset allocation across
several types of investments and asset classes.
Info only: (Existing balances will remain in the phased -out funds until moved by the participant.)
Fidelity Overseas Fund*
44.01%
American Century Balance Fund`
24.45%
American Century Growth Fund*
24.12%
Fidelity Independence Fund"
23.37%
American Century Select Fund"
19.30%
Vanguard Wellesley Fund`
9.37%
Rate of return was obtained from the fund manager, less .29% National Deferred plan administration fee.
Page 7 of 13
CCCSD Deferrer y pomp Stocks and Mutual Fu as
Calendar Year Ended
December 31, 2003
Rate of Return ( %)
Market Index Benchmarks
MSCI Europe, Australia/Asia, and Far East (EAFE) 38.596/6
Standard & Poor's 500 28.69%
Dow Jones Industrial Average 25.32%
ICMA - Source: ICMA Retirement Corporation Fund Performance Report as of 12!31AW.
Vantaaeuoint Funds
VP Aggressive Opportunities
44.68%
VP Mid/Small Company Index Class II
42.53%
VP Overseas Index Class II
37.85%
VP Equity Income
33.09%
VP International
31.31%
VP Broad Market Index Class II
31.30%
VP Growth & Income
30.49%
VP Growth
28.71%
VP 500 Stock Index Class II
28.24%
VP Asset Allocation
25.97%
VantaaeDoint Model Portfolio Funds
VP All Equity Growth
33.26%
VP Long Term Growth
27.21%
VP Traditional Growth
20.68%
VP Conservative Growth
14.64%
Vantagepoint Funds (VP) are certain funds available through ICMA. These funds are sponsored by the ICMA
Retirement Corporation and registered with the U.S. Securities and Exchange Commission.
Page 8 of 13
CCCSD Deferre pomp Stocks and Mutual F4 Js
Calendar Year Ended
December 31, 2003
Rate of Return ( %)
Market Index Benchmarks
MSCI Europe, Australia/Asia, and Far East (EAFE) 38.59%
Standard & Poor's 500 28.69%
Dow Jones Industrial Average 25.32%
I MA (cont'd) - Source: ICMA Retirement Corporation Fund Performance Report as of 12/31/21103.
VantaaeTrust Mutual Fund Series
VT T. Rowe Price Small Cap Value
36.24%
VT Invesco Small Company Growth
33.49%
VT T. Rowe Price Small Cap Stock
32.06%
VT Lord Abbett Large Company Value
30.89%
VT Gabelli Value
30.12%
VT American Century Value
29.06%
VT Fidelity Contrafund
27.95%
VT American Century Ultra
25.83%
VT Fidelity Magellan
24.82%
VT PIMCO High Yield
23.45%
VT MFS Large Company Growth
22.64%
VT Calvert Social Investment
22.31%
VT Fidelity Puritan
22.20%
VT PIMCO Total Return
5.30%
VT Janus Adviser Series Worldwide "
N/A
VT Putnam International Equity"
N/A
VT Putnam Voyager "*
N/A
VantageTrust Mutual Fund Series (VT) invests in a third -party mutual fund which is not affiliated with the
ICMA Retirement Corporation.
Effective December 19, 2003 ICMA Retirement Corporation closed the fund. All assets remaining and
future contribution allocations were redirected.
Page 9 of 13
CCCSD Deferre pomp Stocks and Mutual F4 IS
Calendar Year Ended
December 31, 2003
Rate of Return ( %)
Market Index Benchmarks
MSCI Europe, Australia/Asia, and Far East (EAFE) 38.59%
Standard & Poor's 500 28.69%
Dow Jones Industrial Average 25.32%
Hartford - Source: Investment Choices Performance Plan Summary Statement as of 12131/2003.
Hartford Global Technology
61.10% a
Hartford Small Company
55.48% a
Invesco Technology
42.81%
Hartford Capital Appreciation
42.02%
Skyline Special Equities
40.36%
Franklin Small -Mid Cap Growth
37.33% a
Hartford MidCap
37.33% a
MFS Utilities
35.65% a
Janus Enterprise
35.48% a
Janus Advisor International Growth
34.44% a
Invesco Small Company Growth
33.16% a
Putnam Vista
33.06%
Putnam International Opportunities
32.92%
Hartford International Opportunities
32.76%
Hartford Global Health
31.98% a
Invesco Leisure
29.98% a
American Century Income & Growth
29.30%
Invesco Financial Services
29.17% a
Fidelity Advisor Growth Opportunities
28.93%
Dreyfus Life Time Growth
28.74% a
American Century Value
28.74%
Putnam Global Equity
28.62% a
Hartford Index
27.81%
MFS Capital Opportunities
27.09% a
Scudder Growth & Income
26.49%
Hartford Dividend and Growth
26.48%
Hartford Stock
26.16%
American Century Ultra Fund
25.51%
Dreyfus Premier Third Century
25.09% a
American Century International Growth
25.07% a
Janus Twenty
24.99%
American Century Equity Income
23.94% a
Janus Worldwide
23.93%
MFS Massachusetts Investors Growth
22.34% a
Fidelity Advisor Growth & Income
21.86%
Dreyfus Life Time Growth & Income
20.00% a
Calvert Social Balanced
19.02%
Hartford Advisers
18.20%
Fidelity Advisor Balanced
17.26%
Janus Balanced
13.46% a
Dreyfus Life Time Income
7.88% a
a Effective March 2003, new funds became available to the plan.
Page 10 of 13
CCCSD Deferred Comp Bond Performance
Calendar Year Ended
December 31, 2003
Rate of Return ( %)
Market Index Benchmark
Lehman Brothers Bond Index 4.11
National Deferred - Source: Performance Results of "Cora list" Mutual Funds (Without Plan Charges), less
.29% National Deferred plan administration fee as of 12131/03.
Scudder High Income Plus Fund
Bond Fund of America
Vanguard Total Bond Market Index
ICMA - Source: ICMA Retirement Corporation Fund Performance Report as of 12131/2003.
Vantagepoint Fund
VP Core Bond Index Class II
24.72%
11.92%
3.68%
3.88%
Vantagepoint Funds (VP) are certain funds available through ICMA. These funds are sponsored by the ICMA
Retirement Corporation and registered with the U.S. Securities and Exchange Commission.
Hartford - Source: Investment Choices Performance Plan Summary Statement as of 12131/2003.
Putnam High Yield Advantage
MFS High Income*
Hartford Bond
Dreyfus Premier Core Bond*
Hartford Mortgage Securities
* Effective March 2003, new funds became available to the plan.
26.88%
22.52%
7.58%
7.07%
2.03%
Page 11 of 13
CCCSD Deferred Comp Saving Performance
Market Index Benchmark
90 Day T -Bill
National Deferred - Average annual yield rate.
Stable Value Fund
5 YR CDs
3 YR CDs
Liquid Savings
ICMA - Source: ICMA Retirement Corporation Fund Performance Report as of 12131/2003.
Vantaaepoint Funds
VP U.S. Government Securities
VP Money Market
Vantagepoint Model Portfolio Fund
VP Savings Oriented
Plus Funds
Plus Fund (401 a)
Plus Fund (457)
Calendar Year Ended
December 31, 2003
Rate of Return ( %)
1.07%
4.26%
2.32%
1.43%
0.39%
1.66%
0.60%
9.93%
4.15%
4.15%
Vantagepoint Funds (VP) are certain funds available through ICMA. These funds are sponsored by the ICMA
Retirement Corporation and registered with the U.S. Securities and Exchange Commission.
Hartford - Source: Investment Choices Performance Plan Summary Statement as of 12131!2003.
General Account
Money Market
4.00%
0.50%
Page 12 of 13
CENTRAL CONTRA COSTA SANITARY DISTRICT
SUMMARY OF FEES - ATTACHMENT 1
AS OF MARCH 2004
FEES CHARGED BY PROVIDERS
(Based on account balance)
Plan Fees
Annual Plan Administrative Fee
Fund Expenses
Stable Value Fund
3 &5 YR CD's, and Liquid Savings
Plus Fund Management
General Account (Savings)*
Model Portfolio Fund Fee (Total Fee Charged)
FEES CHARGED BY THE FUND MANAGERS
Fund Fee
PROVIDERS
NATIONAL
DEFERRED ICMA HARTFORD
0.29% NONE 0.25 %*
0.40%
N/A
N/A
0.00%
N/A
N/A
N/A
0.47%
N/A
N/A
N/A
0.00%
N/A
1.00 -1.17%
N/A
0.05-1.95% 0.27-1.40% 0.44-1.81%
These expenses are charged by the fund managers which include Advisory Fees, 12b -1 Fees,
Operating Expenses and Other Fees charged by the individual funds. These fees and expenses
differ for each fund invested. As a general rule, the higher the potential reward, the higher the risk,
the higher the fee. The reverse is also generally true, the lower the potential reward, the lower the
risk, the lower the fee.
* Hartford's General Account (Savings) is not subject to plan fees.
Example of fees on an annual basis:
Assume you are a plan participant and you invest in the American Century Ultra Fund, depending on
the provider you choose, you would pay the following annual asset -based charges:
NATIONAL
DEFERRED ICMA HARTFORD
Plan Fees
Annual Plan Administrative Fee 0.29% 0.00% 0.25%
Fund Expenses
Fund Fee (% charged by American Century) .99% .99% .99%
Total Annual Cost 1
GARNANCE09fened Comp 2004 Summary.doc Page 13 of 13
Central Contra Costa San.--try District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 18, 2004 No.: 10.c. BUDGET AND FINANCE
Type of Action: APPROVE RESOLUTION
subject: APPROVE A BOARD RESOLUTION TO ADOPT THE REVISED SECTION
457 DEFERRED COMPENSATION PLAN DOCUMENT
Submitted By:
Debbie Ratcliff
Initiating Dept /Div.:
Administrative /Finance & Accounting
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
.Z
D. Rat FMu raves
General Manager
ISSUE: Board authorization is needed to adopt the revised Section 457 Deferred
Compensation Plan Document.
RECOMMENDATION: Approve a Board Resolution adopting the revised Section 457
Deferred Compensation Plan Document.
FINANCIAL IMPACTS: None
ALTERNATIVES /CONSIDERATIONS: Based on final regulations which were recently
issued by the Internal Revenue Service governing 457 deferred compensation plans,
the District is required to revise our Section 457 Deferred Compensation Plan
Document.
BACKGROUND: The District established a Section 457 Deferred Compensation Plan
covering all full -time employees in January 1976. The Plan is administered by the
District's Deferred Compensation Plan Advisory Committee.
The Internal Revenue Service recently issued final regulations governing Section 457
deferred compensation plans. The regulations cover various aspects of 457 deferred
compensation plans and are effective retroactively to January 1, 2002, as specified by
the regulations. Some of the key changes are as follows:
457 plan participants may use the normal catch -up provision with their
current employer even if they used the catch -up provision previously
under a former employer's plan.
During the three years ending prior to "normal retirement age,"
participants may contribute the greater of (1) the age 50 catch -up amount
or (2) the normal catch -up amount.
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S:\ADMIN\RATCLIFF\PP.Approve.Reso.3.18.04.doc
POSITION PAPER
Board Meeting Date: March 18, 2004
subject. APPROVE A BOARD RESOLUTION TO ADOPT THE REVISED SECTION
457 DEFERRED COMPENSATION PLAN DOCUMENT
• Requires "excess deferrals" to be distributed as soon as administratively
possible after the plan determines the amount in excess.
• The regulations confirm that all 457 plan participants may change their
payment dates /schedules. This includes participants who were already
receiving benefit payments.
• Additional examples of unforeseeable emergencies are provided in the
final regulations.
• A participant's beneficiary may now take an emergency withdrawal on the
same terms as applicable to the participant.
• Plan to plan transfers between 457 plans are no longer limited to plans
within the same state.
• 457 plan assets may be used to purchase past service credit in a
governmental defined benefit plan.
• Employees that have separated service from the District, can roll in assets
from other retirement plans including IRA's in order to consolidate their
retirement plan assets in the District's plan.
The revised plan document was provided by ICMA Retirement Corporation. The other
two deferred compensation carriers that the District utilizes (i.e., ITT Hartford and
National Deferred) have reviewed and approved the plan document as well.
RECOMMENDED BOARD ACTION: The Deferred Compensation Plan Advisory
Committee recommends that the Board approve a Resolution adopting the revised
Section 457 Deferred Compensation Plan Document.
S:\ ADMIN\ RATCLIFF \PP.Approve.Reso.3.18.04.doc Page 2 of 3
RESOLUTION NO.
A RESOLUTION ADOPTING THE REVISED SECTION 457 DEFERRED
COMPENSATION PLAN DOCUMENT
WHEREAS, the Employer has employees rendering valuable services; and
WHEREAS, the Employer has established a Deferred Compensation 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 Deferred
Compensation 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
Deferred Compensation Plan:
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Central Contra Costa Sanitary District hereby amends and restates the Section 457
Deferred Compensation Plan Document as of March 18, 2004, effective retroactively to
January 1, 2002, as specified by the regulations.
PASSED AND ADOPTED this 18th day of March 2004, by the District Board of
the Central Contra Costa Sanitary District by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
COUNTERSIGNED:
Secretary of Central Contra Costa
Sanitary District, County of Contra
Costa, State of California
Approved as to Form:
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Kenton L. Alm
District Counsel
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SAADMURATCLIFRResolution - 457 Def Comp 3.18.04.doc