Loading...
HomeMy WebLinkAbout8/11/2005 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 11, 2005 No.: 4.a. CONSENT CALENDAR Type of Action: AUTHORIZE PUBLIC NOTICE subject: AUTHORIZE A PUBLIC NOTICE TO INDICATE AVAILABILITY OF DOCUMENTATION IN SUPPORT OF THE DISTRICT'S APPROPRIATIONS LIMIT Submitted By: Debbie Ratcliff, Controller Initiating Dept /Div.: Administrative / Finance & Accounting REVIEWED AND RECOMMENDED FOR BOARD ACTION: General ISSUE: The Central Contra Costa Sanitary District is required to establish its appropriations limit in accordance with Article XIII B of the California Constitution. RECOMMENDATION: Authorize a public notice advertising that documentation used in the determination of the appropriations limit shall be available fifteen days prior to the Board Meeting to be held on September 15, 2005, at which the appropriations limit for the Sewer Construction Fund for the fiscal year of 2005 -2006 will be established. FINANCIAL IMPACTS: None ALTERNATIVES /CONSIDERATIONS: The appropriations limit can be calculated using the California per capita personal income percentage change of 5.26 or the local assessment roll due to local non - residential construction of 2.6 percent. BACKGROUND: Proposition 4 was approved on November 6, 1979, and was incorporated in the California Constitution as Article XIII B. As amended, Article XIII B imposes a limit on the rate of growth in governmental spending. It limits appropriations of state and local governments to the appropriations of the 1978 -1979 base year adjusted in each subsequent year for changes in the California per capita personal income from the preceding year or the percentage change in the local assessment roll from the preceding year due to the addition of local nonresidential new construction. Article XIII B requires government agencies to establish their appropriations limit by resolution each year at a regularly scheduled meeting. Notice to the public of availability of documentation in support of the appropriations limit must be given fifteen days prior to adoption. The appropriations limit is open to challenge within 45 days of the effective date of the resolution. SAADMIMPOSPAPEMAuthorize Public Notice 08- 11- 05.doc Page 1 of 3 POSITION PAPER Board Meeting Date: August 11, 2005 subject- AUTHORIZE A PUBLIC NOTICE TO INDICATE AVAILABILITY OF DOCUMENTATION IN SUPPORT OF THE DISTRICT'S APPROPRIATIONS LIMIT Methodology: The appropriations limit is increased annually by a factor comprised of the change in population combined with either the change in California per capita personal income or the change in the local assessment roll due to local nonresidential construction. The Board is to select between the per capita personal income or the change in the local assessment roll due to local nonresidential construction by a recorded vote. The change in the local assessment roll for the 2005 -2006 fiscal year has been reported by the County Assessor to be 2.6 percent. The California per capita personal income percentage change is 5.26. The California per capita personal income percentage change is being used in the calculation of the 2005 -2006 appropriations limit since it is the larger of the two (2) factors. Last fiscal year's appropriations limit was calculated to be $58,924,299. The appropriations limit for 2005 -2006 is calculated to be $62,754,378. This limit is set on the District's proceeds of taxes. RECOMMENDED BOARD ACTION: Authorize a public notice advertising that documentation used in the determination of the appropriations limit shall be available fifteen days prior to the Board Meeting to be held on September 15, 2005, at which the appropriations limit for the Sewer Construction Fund (tax revenue plus interest) for the fiscal year of 2005 -2006 will be established. SAADMIMPOSPAPEMAuthorize Public Notice 08- 11- 05.doc Page 2 of 3 CENTRAL CONTRA COSTA SANITARY DISTRICT PUBLIC NOTICE The Board of Directors of the Central Contra Costa Sanitary District will, at its meeting to be held at the District offices, 5019 Imhoff Place, Martinez, California, at 2 p.m. on September 15, 2005, consider the adoption of the Appropriations Limit for 2005 -2006 in accordance with Article XIII B (Proposition 4) of the State of California Constitution. Documentation in support of the Appropriations Limit is available at the District Offices, 5019 Imhoff Place, Martinez, for review by persons interested in this matter. DATED: Elaine R. Boehme Secretary of the District Page 3 of 3 SAADMIMPOSPAPER \Public Notice 09- 15- 05.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 11, 2005 No.: 4.b. CONSENT CALENDAR Type of Action: HUMAN RESOURCES Subject: AUTHORIZE EXTENSION OF MEDICAL LEAVE OF ABSENCE WITHOUT PAY FOR STEVEN PLUNKETT, UTILITY WORKER, THROUGH SEPTEMBER 30, 2005 Submitted By: James M. Kelly Initiating Dept. /Div.: Operations/ Director of Operations Plant Operations REVIEWED AND RECOMMENDED FOR BOARD ACTION: J. Kell C. Freitas *General . B an ger ISSUE: Board of Directors' authorization is required for a medical leave of absence without pay in excess of 30 days. RECOMMENDATION: Authorize extension of medical leave of absence without pay for Steven Plunkett, Utility Worker. FINANCIAL IMPACTS: Minimal ALTERNATIVES /CONSIDERATIONS: Deny medical leave of absence without pay. BACKGROUND: Steven Plunkett, Utility Worker, has been off of work since September 3, 2004, due to a medical condition. Mr. Plunkett applied for, was granted, and used 12 weeks of Family Medical Leave. At subsequent Board meetings, the Board approved Mr. Plunkett to be on medical leave of absence without pay until July 28, 2005. We request extending Mr. Plunkett's medical leave of absence without pay until September 30, 2005. His status will continue to be reviewed, and the Board will be notified if any further action is necessary. RECOMMENDED BOARD ACTION: Authorize medical leave of absence without pay for Steve Plunkett, Utility Worker, through September 30, 2005. S: \Correspondence \Position Papers\2005 \Plunkett -Leave of Absence Ext- 9- 30- 05.doc Central Contra Costa Sanitary District likk BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 11, 2005 Type of Action: ADOPT RESOLUTION NO-: 4.c. CONSENT CALENDAR subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS AND OFFER OF DEDICATION FROM SHAPELL INDUSTRIES, INC. FOR AN EASEMENT SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION NO. 8105 IN THE SAN RAMON AREA (JOB 5289) Submitted By: Initiating Dept /Div.: John Mercurio, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: 41 �! � jw Mercurio M. nny C. Swanson 0 A. Farrell General 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 acceptance 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. 8105 that is required for a recent public sewer extension off Bollinger Canyon Road in the San Ramon area (as shown on Attachment 1). Staff has reviewed the final subdivision map, inspected the public sewer improvements and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting Job 5289 public sewer improvements and an offer of dedication from Shapell Industries, Inc. for an easement shown on the recorded final map of Subdivision No. 8105 in the San Ramon area and authorizing staff to record the easement acceptance with the Contra Costa County Recorder. Page 1 of 2 S: \Position Papers \Mercurio \5289 Shapell Industries.doc �, Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 11, 2005 No.: 4.d. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION APPROVING A REAL PROPERTY AGREEMENT WITH FRANCIS W. AND SALLY O. REIMERS, JOB 2379, DANVILLE, AUTHORIZE EXECUTION AND RECORDING OF THE AGREEMENT Submitted By: Initiating Dept /Div.: John Mercurio, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: � "h 1L.(,/L� VV4-ry 00- J. Mercurio y C. Swanson A:_Far rlll k eneral . B G Ma c ISSUE: Francis W. and Sally O. Reimers, owners of the home at 660 Logan Lane, Danville, have requested that the District allow an existing wooden deck, retaining wall, and spa to remain in a District easement. RECOMMENDATION: Adopt a resolution approving a real property agreement, authorize the President of the Board of Directors and the Secretary of the District to execute the agreement, and authorize staff to record the agreement with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: The Board may elect to reject the real property agreement, and either: 1) direct staff to seek removal of the encroachment or 2) rely on the existing easement for future maintenance, rehabilitation or replacement access. BACKGROUND: The Reimers' house is sited against the east edge of the sewer easement (see Attachment 1). This is the back of the house and a logical location for a backyard deck and spa. Since the sewer easement effectively cuts the house off from the backyard, there is no other acceptable location to construct the improvements. District staff investigated and determined that the sewer is seven -feet deep, and that the planned deck, spa, and retaining wall would not interfere with the operation of the sewer. However, if the improvements were allowed, a real property agreement would be required. The property owners agreed to this. CSO and Engineering staff determined that the existing sewer is in acceptable condition and that the encroachment will not unreasonably interfere with the District's uses. According to the Agreement: The Agreement limits what may be installed or planted in the easement in the future. S: \Position Papers \Mercurio\2379 Reimers Danville.doc Page 1 of 3 POSITION PAPER Board Meeting Date: AUGUST 11, 2005 subject: ADOPT A RESOLUTION APPROVING A REAL PROPERTY AGREEMENT WITH FRANCIS W. AND SALLY O. REIMERS, JOB 2379, DANVILLE, AUTHORIZE EXECUTION AND RECORDING OF THE AGREEMENT • The property owner accepts the liability for any damage to the District's facilities and for additional District costs for maintenance and replacement of the sewer in the area of the encroachment. • The property owner holds the District free and harmless from all claims and liability for injury to persons or to their property within the easement area. • The property owner agrees not to impede the District's access to the property. • The agreement provides for the District's emergency access, and requires that the property owner remove the encroachment upon 30 -days notice. RECOMMENDED BOARD ACTION: Adopt a resolution approving the real property agreement, and authorizing the President of the Board of Directors and the Secretary of the District to execute, and authorize staff to record the Agreement with the Contra Costa County Recorder. Page 2 of 3 SAPosition Papers \Mercurio\2379 Reimers Danville.doc Page 3 of 3 CENTRAL CONTRA COSTA SANITARY DISTRICT PUBLIC HEARINGS TO RECEIVE COMMENTS ON THE MITIGATED NEGATIVE DECLARATION AND ITS MITIGATION MONITORING PROGRAM, AND THE PROPRIETY OF LEASING THE KIEWIT PROPERTY FOR A CLEAN FILL OPERATION UNDER HEALTH AND SAFETY CODE § 6514.1 SUGGESTED AGENDA August 11, 2005 I. Request staff report II. Public hearing on the propriety of leasing the Kiewit Property for a clean fill operation under Health and Safety Code § 6514.1 A. Open public hearing B. Receive public comment C. Close public hearing III. Public hearing on the Mitigated Negative Declaration and its Mitigation Monitoring Program A. Open public hearing B. Receive public comment C. Close public hearing IV. Consider approval of the Mitigated Negative Declaration and its Mitigation Monitoring Program, and the propriety of leasing the property for a clean fill operation under Health and Safety Code § 6514.1. SAPosition Papers \Leavitt \Kiewit Public Hearing Agenda.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 11, 2005 No.: 5.a. HEARINGS Type of Action: CONDUCT PUBLIC HEARINGS; ADOPT RESOLUTION subject: CONDUCT PUBLIC HEARINGS AND CONSIDER ADOPTING A RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION AND USE OF THE KIEWIT PROPERTY FOR A CLEAN FILL LEASE Submitted By: Initiating Dept /Div.: Russell B. Leavitt, Engineering /Environmental Services Division Engineering Assistant III REVIEWED AND RECOMMENDED FOR BOARD ACTION: R. Leavitt W. Brennan A. Farrell harle *Manger Gener ISSUE: Board approval of appropriate CEQA documentation is required prior to approval of use of the Kiewit Property for a Clean Fill Lease. RECOMMENDATION: Conduct a public hearing on the propriety of leasing the property for a clean fill operation under Health and Safety Code § 6514.1 and conduct a public hearing on the Mitigated Negative Declaration. Barring any irresolvable comments to the contrary, adopt the attached resolution approving the Mitigated Negative Declaration and its Mitigation Monitoring and Reporting Program, and authorizing leasing of the property for a clean fill operation pursuant to Health and Safety Code § 6514.1. FINANCIAL IMPACTS: No impact until a lease is awarded. ALTERNATIVES /CONSIDERATIONS: Deny or defer approval of the Mitigated Negative Declaration or find that the proposed lease is not compatible with agency operations or is not of public benefit. These actions would prevent or delay moving forward with the potential approval of a lease for the Kiewit Property. If approval of the Mitigated Negative Declaration is denied, direction should be given to staff as to which issues require further documentation. BACKGROUND: A Mitigated Negative Declaration has been prepared for potential use of the Kiewit Property for lease to allow a private clean fill project. The District has proposed leasing its Kiewit Property to a private operator to use as a clean fill receiving site to obtain revenue for the District and improve the site for possible future use. The site is approximately 33 acres and is located between Grayson and Walnut Creeks, Highway 4, and Imhoff Drive adjacent to the District wastewater treatment plant in Martinez, Contra Costa County, California (see Attachment 1 for a site map). The vacant property is owned by the District and used as a buffer zone for the wastewater treatment plant located to the west of the site, across Grayson Creek. The scope SAPosition Papers \Leavitt \Kiewit Property Public Hearing.doc POSITION PAPER Board Meeting Date: August 11, 2005 subject: CONDUCT PUBLIC HEARINGS AND CONSIDER ADOPTING A RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION AND USE OF THE KIEWIT PROPERTY FOR A CLEAN FILL LEASE consists of leasing the site to allow a private operator to fill the site with clean fill to bring the site level with Imhoff Drive to the north. The site will be raised a nominal five -feet to an elevation estimated to range from 20 to 23 -feet above sea level. If this use of the property is approved, a private lessee /clean fill site operator will be selected by the District to develop the grading and operations plans, obtain permits, and operate on the site over its expected three -year to five -year life. The District has conducted an Initial Study of the proposed use of the property to determine if the leased use may have a significant effect on the environment. Staff has concluded that the Initial Study adequately, accurately, and objectively evaluates the environmental impacts of the proposed lease, and that a Mitigated Negative Declaration is the appropriate document to address the environmental effects of the lease. The Initial Study is included as part of the proposed Mitigated Negative Declaration, which has been distributed separately to the District Board of Directors. The proposed Mitigated Negative Declaration finds that there is no substantial evidence before the District that the intended use of the property for a private fill operation may have significant effects on the environment. Mitigation measures have been incorporated into the lease requirements to reduce those effects to less- than - significant levels. These measures are discussed in the proposed Mitigated Negative Declaration and included in its proposed Mitigation Monitoring and Reporting Program (see Attachment 2). In compliance with the District's CEQA Guidelines, a legal notice was published in the Contra Costa Times, a newspaper of general circulation in the area affected by the proposed lease. The legal notice announced the District's intent to adopt a Mitigated Negative Declaration and the availability of the document for a 30 -day public review period. Additionally, copies of the proposed Mitigated Negative Declaration or the legal notice were mailed to affected public agencies. Three comments on the proposed Mitigated Negative Declaration were received. The comments and responses to comments are presented in Attachment 3. None of these comments required changes in the proposed Mitigated Negative Declaration. Before the proposed use of the property can be approved, the Board must consider any comments received during the Mitigated Negative Declaration's 30 -day public review process and the public hearing, and then consider approval of the appropriate CEQA documentation (a Mitigated Negative Declaration is recommended in this case). SAPosition Papers1eavittNewit Property Public Hearing.doc POSITION PAPER Board Meeting Date: August 11, 2005 subject: CONDUCT PUBLIC HEARINGS AND CONSIDER ADOPTING A RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION AND USE OF THE KIEWIT PROPERTY FOR A CLEAN FILL LEASE Following approval of the Mitigated Negative Declaration, at a future meeting, the Board may proceed with the award of a lease for the Kiewit Property for the purposes of operating a clean fill disposal operation. A CEQA Notice of Determination will be filed with the County Clerk following award of a lease. Contra Costa County and other Responsible Agencies will then use the Mitigated Negative Declaration in connection with the issuance of permits required of the Lessee While not required by law or the District's procedures, it has been the District's customary practice to hold public hearings in advance of the adoption of Negative Declarations or Mitigated Negative Declarations. Holding a hearing on the proposed Mitigated Negative Declaration for the Kiewit Property would be consistent with this practice. Also, under Health and Safety Code § 6514.1, a sanitary district may lease district property that is not needed during the term of a proposed lease only after holding a public hearing which affords all persons present an opportunity to be heard. A sanitary district's board of director must find that the proposed lease is compatible with agency operations, is of public benefit, and is for a term of less than 10 years. This Board previously held a public hearing under Health and Safety Code § 6514.1 on the Kiewit Property on June 2, 2005. However, that hearing was solely for the purpose of considering the propriety of leasing the property for short-term agricultural and related uses. A new hearing is required under Health and Safety Code § 6514.1 if the District wishes to lease the property for a clean fill operation. At this hearing, the Board should consider such things as the compatibility of the proposed clean fill operation with District activities and whether the Kiewit property would be needed during the proposed term of the clean fill lease. RECOMMENDED BOARD ACTION: 1. Conduct a public hearing on the propriety of leasing the property for a clean fill operation under Health and Safety Code § 6514.1. 2. Conduct a public hearing on the Mitigated Negative Declaration and its Mitigation Monitoring Program. 3. Adopt a resolution (Attachment 4) approving the Mitigated Negative Declaration and its Mitigation Monitoring Program and the propriety of leasing the property for a clean fill operation under Health and Safety Code § 6514.1. S: \Position Papers \Leavitt \Kiewit Property Public Hearing.doc o 450 900 FEET Y Central Contra Costa Sanitary District a n VICINITY MAP KIEWIT PARCEL Attachment 1 ATTACHMENT 2 CENTRAL CONTRA COSTA SANITARY DISTRICT KIEWIT PROPERTY CLEAN FILL LEASE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM INTRODUCTION This is the Mitigation Monitoring and Reporting Program (MMRP) for the Central Contra Costa Sanitary District's (CCCSD) Kiewit Property Clean Fill Lease Project. This program is required to be adopted as part of the project approval action under California Public Resources Code (PRC) Section 21081.6. The MMRP requirement was added to the California Environmental Quality Act (CEQA) in 1988 to provide a mechanism to ensure that mitigation measures adopted through the CEQA process are fully implemented in a timely manner in accordance with the conditions of project approval. Under this statute, local agencies are required to adopt a monitoring or reporting program "designed to ensure compliance during project implementation." CONTENT AND ORGANIZATION This MMRP includes the mitigation measures proposed to address the potentially significant impacts associated with the project. The impact discussions and proposed mitigation measures are presented in the Mitigated Negative Declaration (published in June 2005). The mitigation measures included in this program have been incorporated into the project description. This MMRP is organized in a table format, with implementation and monitoring activities keyed to each mitigation measure adopted to reduce potentially significant project impacts. The column headings in the table are defined as follows. MITIGATION MEASURE: A summary of the mitigation requirement. The full text of the mitigation measures, as adopted, is contained in Table 1 of the Mitigated Negative Declaration. IMPLEMENTATION PROCEDURE: Additional information on how mitigation measures will be implemented, where needed. MONITORING AND REPORTING ACTIONS: An outline of appropriate monitoring and /or reporting actions to verify compliance with the mitigation measure requirements. MONITORING RESPONSIBILITY: Assignment of responsibilities for mitigation monitoring and reporting tasks. MONITORING SCHEDULE: A schedule for conducting each mitigation monitoring and reporting action. Where necessary, the schedule milestones are keyed by number to the monitoring and reporting actions. 1 S: \Position Papers \Leavitt\Attachment 2 Kiewit Property.doc H 0 I.L H Z N Q H N V I.L. Z U J H Z W L) W n O a W N W J J J_ V. z W J V W IL w CL w O a Z a W D Z Z O H Z 2 z O ,Q V H ! ZW m C O -p a� N t w c E C Op p O cu 0) O� mo ap O OD co c m ac ) p .= c c 3: CD me @ a) ccm Z= o p N to O m y O E E N O m 'O V c U) 2 y M C U C E C p > O >O O ) C O .p U tl �c a) .0 c C O C C O E m C m p CL Q O @ Ea =p p O _ O @ E =0 C Q O a 0 0 ,O O M nrnQ O o U m arnL) o U nao r w a) 0 Y a) C U_ rm U U�= ac co ych 00Z m E ,co E N:CN ZO O� on Urn oa CCoo= U rn (D 3: v0) W coc w me �oa06m(D b O o N U c0 c0 c m n N N U °� U °� m U LL ii w O Z o w (> V) rn c O 0 c N> U C— a y O O O (D > O y L Z 000 O = p C c pw d c> W Z�V c'o = c O a�i = O D Q Qo ui 3 c m no c 3 c p o AO = (6 N .!E Q j 7 co c 7 A fl 7 U p -p 0).c 9 E U 9 m z O c cn M a) oc Q 7 in O m mn N O CU - L 2 a L O C U C 0 C E Y M p 0 �L N W W V W a p oa)- -c c N C O N - 0Eoo_m mono o c O a. IL Q C N p � 0 c d p C O V h p O N Cc m t5 ? CL I m o CL 0 c @c o 22'a E0 O�w US O aE m 560 �- in. a c o� rn r^ C U �O c 'a = O j m U co CD m O C m0 W a) d U p w c 0) 0 Q�rn cm) W~ ao y� o m �,� m ma EL N c Q c) �'c p w0 c. o wE c�mo ciO 0) m�� >0 a�i @ 0— a) g ` c p R G Qd Q °)E �a� L) CD �o c a) m U) p Z,o mew m 20 Q 0 a) m `O �Q� o m `O o Z`o WjE c (D 'D -com ZEu�yw°�c°oc�°U >>% 00 cm�6 �Mj o a) c�w d m� � � � i Z C a c 6) o N �o N�L(� Z X d M 0) N'U) y� G) w c 7 m d' O C-0 rn m C D L od 0 �±� R-Sp L — O y c rnCD (D-0 `w E m � 3 cLn -0 co IC O C<L > O m my 3 N N U >+ d c (D '� 0 > U) 4) nc0 E CJ O CU ►. C•y C C p c(D 0.0 0 D LL p O N O a) a) 5 p O O N U c �w �, N M 0 0 oY Q .0Of-,U CL a - -- ° Co y •E r CV Ch rL E CV CV N 8 v 0 a .? Y Z Z H 000 Q Q z Q (D N •Z, .+ N ui N > 0 a>i c Co `c m �E 0 Cp C O) C m m 7 2 O @ 0 Urn GE _ P N O U 7 O w c y C > o C m 3 O c >+a f6 cn :3aEE U�c�m LU 4) p N O y O c cc 0 o 2 7 4) •C J O o CD —2 IV In c 2 2 co = o C ca 00 Hui p d p c E- CN N E Z= a y y 4 N N y ou cM N w C C O N oa m c °a 0� c E c O E d oo` ci QC aoco Z Z H 000 Q Q z Q (D N •Z, .+ N ui N > 0 a>i c Co `c m �E 0 Cp C O) C m m 7 2 O @ 0 Urn GE _ P N O U 7 O w c y C > o C m 3 O c >+a f6 cn :3aEE U�c�m LU 4) p N O y O c cc 0 o Q } _ `' c �O V c °_�� O T z J y E 2 co = o C ca as U p O(D y M m ON aEi`c 0 O a cco rnv�iU Z0 oa �� °a 0� Urn �0 o c N w L (6 U U N ii =i Z Z H 000 Q Q z Q (D N •Z, .+ N ui N > 0 a>i c Co `c m �E 0 Cp C O) C m m 7 2 O @ 0 Urn GE _ P N O U 7 O w c y C > o C m 3 O c >+a f6 cn :3aEE U�c�m LU 4) p N O y O c cc cn y M N N Q c M D CO `O N Z W �O V c °_�� O T N o c LU WO (D c d D° 2 co = o C ca as v O O p 0 m - c p O(D y M m cu as ami�c�o�o aEi`c O a cco rnv�iU ai E� W CD N Qcd w.2 E c o Z Q C1 WjE m 2 m Z Z o Omd �w ~ � L S `o a N rn� c M :3 >, v :3 cu O c m L cu M � m E N O Cd C G N C 0 h a� w cn c O j C vt O �L .• 3Q 0 •' E ro co a0i 0 c � c a N M M N O N c E 0 0 n co m L C M p Co 0— O LL — N fo m j 'O U CM o°>oc. w c `) w N 0 N N 3L ow o� 3�c'0 cm L O L 7 m m O m � d c y N cn 0 2 p L U U0: 1 4 c i M U O O C y y O L N Q m oaO.ocu C-aL'E p M d y> V LL O y 0 C E a� C -p0 y M N` V > � 0 ° a°i mm 00 m Zw c0 CO � nc rnm om+,ma) >- N 01 •Q1 V N 0 CL .O o• m �� p 0i c �•0 @°6 06 y c 'D �� � D C LL c an != y m m 0) cmi o 0'c ° a�� 3U- 0 p co 0 L C N M c in cc O��O (DEa)co ) m j 5 L C U O' _ O cO c 0 N E a 0 O co ° °- U a� coy CD 2 acco 3�i CO o 00 N M N 0 C '0 O c 7 •O L. 0 m o o C AC i_ M�0> -cE<n C C y V C N M LL O E w o m E o o �m vas a� o c E° N L r aZi o�� y= M rn °w M 0 N C y`- M C D 3 E '= C w U ID Cr � O Eo•v0: �•� @�c c cc'a o =.0 a0 m 05 c2 3 °_ 'a OC E d U o y d C N 4� 0 — N : 3 v L m c N C6 0) rn• - 0` y m c 0 :m ` yc V O p 00 (n c a) m O :3 m cN 0 > 0 cn a E L - (D m Hc c - cn- 0 ai . U m M M Cl) rn c C7 CE mw °ate C°� m o Cu L °ate C0 ZJ c O N c c O ° O Co 0 0 O�W oo 3�c ° oa) � �'> 3'oc m o0 Z2 o E »y O E2 a) a)c`omEE Cu c > O)M a) o M O N v y M ti a >+ > O a O) a) M M a° C E C >, > O >. O O C ao c o. `o E m ° a`) UMnrn 0 Um0.50o Uo C9 w (D c° w (D >. a) J > M > M M ON Ur= Uw U of @E F-Z z 0 CO n of CO a o a O� U U U rn W [ c [2 c c � c c'oo c m c c°a o O o O c O a� Co m O m o .v PIX Z 03) > E 0)) ac ° 3 > (D Co ;; ZZC) _ o = c a) _ o cco OpQ 3 c ai 3 c o`c 3° Ca Q C M M t C N E C M C 7-0 : 02,5 a) O 7 O`C O 7 C O UrnGE y Q a) 0 C a C O Urn.-0 Z O m C a) f�2 a) U C w O CU C a) f�L6 j N o : o y O y .` O M C O O � C c 0.= o a7 o p c cc a� > , O (.5 >C + CL W SEa o _ c� -n0 _ cV )oo L 0 W O C a°o a o o 0 v o @ aas 0 c M m a)- 0)CM .° E ° o� °a CL 4) c O E� rn0 a ° O o)o rnD a (D -0 - ° o O a) u,U cc m aic o c c a� Sao c U �^ (D cc a t o :E M S �0 3 �' m e n a) (D v c a) G cow (D C 'v 3 d E UJ a�M (D L ".S -, CD w_ c c O w c Cu cy. >m >>c° c N c0 rn Cm cc yL c U F- fl .7 H =-MCa� °m- O _m Oov_,wEo w cow�aE� Q O E U M c O p 7 C E U L M E m a, O U C -O M o V O U CD o o E o• ° O W— M c 3 a c c•f0 ° - °t m U @ v M 'a c rn M a°) r N L Ca Q a 7 a)m Cu w O C p 1�L0 Z v R °> f—`0 !�� no ON Co E a) o ° °'Q 5 E Ev 0 CCa E ° o'> Q Q 1 0 co O .� L 'O CC � r CO V cMO ,uM_) Co a) �'` O 0) E� •tyi -1 o 0_9 m M E oo �. a) U m.0 o 0 o Ep m o U a� M0 o E Wit! cu 15 W> >+ L' 7 3 U C c O 7 p> •�- C a) ` O a) C M t @ N L E a) C U •- N Y Co w E= Off! O- V O y U 'C 'p 7 N y a d- O E ." Co m C O aLU O E Zp)w mw 3 O ca a� @ w O a) C y m y U _� M mL > 'am LO M C M@ .. Co 3— c -as -0 (D w M C M M M K O d d > Co C) co C � O o a) w C 0)0—.0 O N CO L M L_ C E 7 C° Q Q) 3 M C U 7 M 'O C .� L) = j- V ns N CO :? N O o 3 co C_ fl- M co C co M d R d O C° C c -° 3 U 0 M M O .d �- •f0 C N (7 «". d 0�r yL E-o c ; .-°_ °� ass m. ° as � (D d ° o E y a w c= M d M o C c =O O L c m~ c o o n _O c M C) 10 N (p C `O _O O w w N a) C O V E -p O C O) t C p M:p w. •-• 7 M O M U a) U co 'a+ w O O a) 0 U d U N C CL f6 O@ C C C C V �. ° N O= C N E ID d Cu �_ c O C n 0 0 7 7 0 0 0 0 E a) 600 Q L� M 00.00 .� _ N L a 2 M a) w O a a .. to L O) O U O _2) d C a L' O d- a) M E U (7W a) (D Z rn m u ° ar - -O mm m Z J .- O) C -0 := 00 3 'O C= N N E c V C U HW a)2mEE O_..m U) Cm Z - 0 �y uyi a V C m y C m'- mace o p yv o C o o° E E U m o m o ao E a) U y Q0 o m U m r_ CL o o O o a) J Zuyi �m T O• -L U c vi O O•- �p U . o L) Of) m E E rn 20 N o a0 Z, U O)p O o on- ui U a> C L W m C �• fA N m C 0 �• U o @Ucm o�crn L) —0 L) Z y d m N .L.+ '7 z_H� U) Q w �'� C 3 30mo Vim" c w O 3�� zcm �OZ L E > o a) u L � �� c > o a) my c IL Z�U no a 3 am ac) Q :- 3 y U) o � o0 vii v - 3 E � L� 0 Q r r � i y m > a0 E o U U 0) 92 U m o m O o a0) a) o m CL Z O Z m C -O O m N y T O m W (A j U rn a c0 v N a @ c U m C L 0 C c E `y W W = u) c c O �U N 3 a 'o = c 0 E -' >U c c c 0 c 3 j 0) ao 3 oc� o m m a w 0 � WO J y o o Qvi fp U 0) y U E- a) N 2 m a vi a) v> E a o � O O) m y a) O O) p`> L) CL CL c`oc!« -c � -w�'c� ��a��' =� �2Z iE'9��;0 O E ua) 0) 0 v') t o m _o m O co )C7 O am O 8:soCD rnaiU M () 0) a . ^ H _CM ` - a) C Qm f0 N N w� O CD m "U U m Q) y E m ='.0 M � W N m c9 0 0- -- a 3 O O- a a 0 0 Q d ,,_ o >, o o cc a) >,m� a) ". " a< L m 02 m e v� W.0- (D amw E m Q O N y .L+ C O m L . y m a) E � o E ~ Q d M > 3y L 0 0 _ E 5 O 0 0 m Y C ° U d > E — E > mW aci U U E M m L o CL L N (0 a) Q, y C <LD N lm� d r- Z O d N m C C f9 C 00 L.L.+ U y( Q Z Z O SAC 0 ��pp �`' LV7 � O U E 0) O 10 - y m L y C C 7 C y O'n != y y Q�_ �cpp °' ao U= O m� O N m E:rLW E V Co U-0 4) a= CL 0) m m aaN E d `m w mo�H m o) c CL L mpo 0 t_ d a) c a. g a°'i o EF o o oU 3� rnE G mt OI'� ac c aEQ Em ° a ° ,° o ° a =� a)E �a �(D c°�u)U 0 �y O. 0 a Y N C d E yc9 m J C. a C O r C O cu w C O w w (� W .L. cN•n 4 O cV1 �n 0 c 0.0 cc m ty -1 CU c0 C •awU . � o C M U C 0 O�W ai @mEE N�mEE @mEE c(D Z 2 > rn y D a) �j m m a� c > O) y� a) y m 0 a� c > rn 0 Ly 4) 6 m m acs c O n E o N- tU > 0 m N > O m a> O T N > O O - .T. E C O m C CE D` E C a) . E ao a> O no m E CD a0 O E a> ° O a'C O n U m n0L) o O na m nrn0 o O n'c o n m nrn0 O 0 U cn m Cy 00Z m m m z0 o a o n o a IL Oy U rn U rn U 0) W m e m e m e O O CY) O N c 0,0 0� m Z�° m a z�-Z Z E 3 >w rn � E a� >w ��;-� 0aF- _ Z�V c 3 m ui m = mc°iEa�ci _�$ c 3 vi =�0c c Y =moo O Q Sac c 3�5 cLo 3 ac= Sac 2 �Z w ��° a� Y y Q w m Y r° aD fA !_ Q E O •7 j C O :3,0 E-0 .+ 7 7 to U 0)c°��° U aw U rnU y U O)g O Z N C N .0 O �O L O C C Y m Y m U CL m m �� Mmcoo" f0 m a 0- m Q� H� E � .0C O c 0 0 00 =:a om Emc°o 0 co '0 -0 �',a,3 m� c N c 0 0 ZG W W 0 C = 0 m c- c O 7 = 0 n a - Y L (D = a? O Off- +4 C.. +•'C) >: = O m c O � V W O 3 m a 0 m c L L •0 E a O 3 c m w c L !H 3 m� 0 E o L L 0 w M V 3 �@ � L m n 0 J� O 5 O a> E 0) 0 O� 7 E O in y 7 CO C V7 CL a @ O N N C m f0 a ai O m N m y C C m na)� cco Qm � o a00 m (D nyw c� o CL `m o 0.0 3 E rnmU O -1 0-0 3— 2U Occ a0)0 L_ L O C M.0 m CD 3 O a) 0 0 y a a) .0 a) C E m 7 0 0 a 0 O "" — c c _° 0 m 0 _ f0 o U)~ to Q p 0 ca co 'gyp O wU c m e w c- L c o m CL m� a n c C o (M c0 m 0 L _O Z v " Q4) C1 0 — `"(D cm rn 7 rnb W >E a�ma � a'0 a)`o �..d �w om yu m CL Q LL ~ a tw ~ 3 m '� ZZ0 g g a c ZMV 0;rc M 4, may @ f- 1.S0 .0 N a Cp 0 V y C o Im 0 mE / N m a d 0 .O C m '0 N (D d m o �ww t 00 i c c 0. o E mpo c y �� c C me w m O U 0 w t0 R O 0 U a> -�e +' a) cr O O vs 000 N 4m U) > E2 'O � :5 d L_ � O N :5 c G =� 0 �y O. 0 a Y N C d E yc9 m J C. a 0 C O a cc - O C L (7 Z J a c a - co O C C � o 'O a U) c o 'o O O) C +•' O N c ,� a 0 0 0 aS y C O O E a° vi f0 N N C V f0 C a) m C OD 3�L cu c c ° c 3'a C• m (D o Z= Oy >rncaa0-aE �5umD moE0 >a)co �(N)— a o m °cn pogo D C an- a -o p U 0•a O ` :3 0. �E Ea� Ua�E o � E iaa ° nc a) U cO o M n a c c a a W o o aoC O a ca CL a) U O ao U O U O E ZJ ° o :3 U) T � m U °- U ON ° c mE ZO o m E o a� O CL U s rn 0 U U rn W 2 c o c U O C y O N C9Z E wzv 3acc ° r- Y c c c >oy Z N 3> o E C w 3 a� 4) Q Y o Da0 aci 0 ° Co Cc � �s � � ... � � � a .. Zp�Q 3 aco c c aac O 3 CL CD 3 c° o z Q T `y y -Op O M.2 w 0) O O) 0 j c O N m'� E j,v c E OWLS a°i E j C >000 =,0 C-) 0 0:3 UOp UwO U 1) 3: n ac)) ° U m.c o U O c c Z O Em° a) D w c 3 _ a) v 3 0 a) a O C a to a) N �W'a� y cCrn ° ° co ° N ° ma) w =� c Ofn c c� ° c UQas0 rn� ZO � Ew�U a cU 5 °U �, me c—c°U c M p WW = -C7� �. w y o a) O c m mL =rn+•c0c 3 c C �.. ° "a _ - 000c, =�� 3 o c- Z 0)"� c N` WC) O ov O c � ° 0 ° >, CL o ° a)�U o° c a@ co ° °� a4) 5 @ °- c`�� o m 4) o aEi co a� aEi a) �a a� aci c c a C C O° ac`s E C n c 0 0 4) =coin n O a' N O O 0) a") a a`» CD ° Es �'`' n° a' a O t U f0 = O O co D nU 't m d) C-) O: a)wL) O > o in — mw: 2 a) w a) C c O E r ^ O> O W 0) U) N .t, Co •C f- q) O O` C m NCy >, a "aa= o M.2E 0 QCaE U 0 a 0) Z f6 a3 �NQ. =_ mow a) > a) a LU d ca N C O �« m MM ao m ca rn d coo o ZZ p N= N 0O tea' Z Q° O o. co C9 =w CC N ddb 3 c Cc (A d a F- .0 � Y o o dam, d L C OEs O a r_ rn cc O- :+ cu N �O :+ @ @ C O d N a m ATTACHMENT 3 COMMENTS AND RESPONSES TO COMMENTS ON THE MITIGATED NEGATIVE DECLARATION FOR THE PROPOSED KIEWIT PROPERTY CLEAN FILL LEASE PROJECT Three letters were received during the 30 -day public review period for the Mitigated Negative Declaration. Comment letters from these agencies follow along with responses from CCCSD staff. None of these comments required changes to the proposed Mitigated Negative Declaration. CALIFORNIA DEPARTMENT OF FISH AND GAME, JULY 11, 2005 1. The Mitigated Negative Declaration acknowledges that this project may affect wildlife resources. The appropriate environmental fee will be paid to the Contra Costa County Clerk upon filing of the Notice of Determination. 2. A complete assessment of the flora and fauna within and adjacent to the project area was conducted as part of the Mitigated Negative Declaration and is presented on Pages 23 -28. CALIFORNIA DEPARTMENT OF TRANSPORTATION, JULY 25, 2005 1. The impact to the base flood elevation in the vicinity of State Route 4 will be insignificant as a result of the fill to be placed at the project site. According to a study prepared for CCCSD, the 100 -year flood elevation in the vicinity of the Kiewit Property and State Route 4 is approximately 15.5 feet above mean sea level. The elevations of the site range from approximately 14 to 17.5 feet above mean sea level. We estimate that approximately 15% of the 33 acre site is below the estimated 100 -year flood elevation of 15.5 feet. The placement of up to 1.5 feet of fill to bring this portion of the site to the 100 year flood elevation will have an insignificant impact on the available conveyance area for the 100 year flood and therefore an insignificant impact to the base flood elevation in the vicinity of State Route 4. CITY OF CONCORD, JULY 29, 2005 The City of Concord has no comments. No response is necessary. SAPosition Papers \Leavitt\Attachment 2 Kiewit Property.DOC State of California - The Resources Agency ARNOLD SCHWARZENEGGER, Governor DEPARTMENT OF FISH AND GAME http: / /www.dfa.ca.gov POST OFFICE BOX 47 YOUNTVILLE, CALIFORNIA 94599 (707)944 -5500 July 11, 2005 Mr. Russell Leavitt Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Dear Mr. Leavitt: RECEIVED JUL 12 2005 C C C SO E''�:'9 Uj'4t "y11EN+TAL SERVICES Kiewit Property Clean Fill Lease Project Contra Costa County SCH 2005072001 The Department of Fish and Game (DFG) has reviewed the document for the subject project. Please be advised this project may result in changes to fish and wildlife resources as described in the California Code of Regulations, Title 14, Section 753.5(d)(1)(A) -(G)1. Therefore, a de minimis determination is not appropriate, and an C) environmental filing fee as required under Fish and Game Code Section 711.4(d) should be paid to the Contra Costa County Clerk on or before filing of the Notice of Determination for this project. A complete assessment of the flora and fauna within and adjacent to the project area, with particular emphasis upon identifying endangered, threatened, and locally G) unique species and sensitive habitats, should be provided. Rare, threatened and endangered species to be addressed should include all those which meet the California Environmental Quality Act (CEQA) definition (see CEQA Guidelines, Section 15380). The assessment should identify any rare plants and rare natural communities, following DFG's Guidelines for Assessing the Effects of Proposed Projects on Rare, Threatened, and Endangered Plants and Natural Communities (revised May 8, 2000). The Guidelines are available at www.dfg.ca.gov /whdab /pdfs /guideplt.pdf ' hU: / /ccr.oal.ca.gov/. Find California Code of Regulations, Title 14 Natural Resources, Division 1, Section 753 Conserving CaC forma's Wildf fe Since 1870 Mr. Russell Leavitt July 11, 2005 Page 2 If you have any questions, please contact Ms. Marcia Grefsrud, Environmental Scientist, at (707) 944 -5529; or Mr. Scott Wilson, Habitat Conservation Supervisor, at (707) 944 -5584. Sincerely, Robert W. Floerke Regional Manager Central Coast Region cc: State Clearinghouse STATE OF CALIFORNIA— BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Governor DEPARTMENT OF TRANSPORTATION 111 GRAND AVENUE P. O. BOX 23660 OAKLAND, CA 94623 -0660 PHONE (510) 286 -5505 FAX (510) 286 -5559 TTY (800) 735 -2929 July 25, 2005 Mr. Russell Leavitt Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 -4392 Dear Mr. Leavitt: RECEIVED JUL 2 6 2005 CCCSD ENViHD'1i` i' -' Flex your power! Be energy e, f iicient! CCO04839 CC4- R13.65 SCH2O05072001 Kiewit Property Clean Fill Lease Project — Draft Mitigated Negative Declaration Thank you for including the California Department of Transportation (Department) in the environmental review process for the above - referenced project. We have reviewed the Draft Mitigated Negative Declaration for the Kiewit Property Clean Fill Lease Project and have the following comment to offer: The project site is within the 100 -year flood plain as recognized by the Federal Emergency Management Agency (FEMA), Community Panel Number 0600250280C. It is stated on page 38 of the Draft Mitigated Negative Declaration that the Central Contra Costa Sanitary District will establish a base flood elevation and process a Conditional Letter of Map Revision with FEMA. Recognizing the close proximity of the site to State Route 4, the Department would want assurance that the base flood elevation will not change significantly as a result of the extensive fill O placed at this site. Should you have any questions regarding this letter, please call Lisa Carboni of my staff at (5 10) 622 -5491. Sincerely, 1( jl . TIMO SABLE District Branch Chief IGR/CEQA c: State Clearinghouse `Caltrans improves mobady across California' 07/29/05 15:21 FAX 9256713381 ConcordPermitCenter g 002 CITY OF CONCORD PERA11'r CENfM 1950 Parkside Drive Cuncurd. Caliturrlia 94519-2578 Telephone: (925) 671 -3.154 Fax: ('925) 1171 -3341 July 29, 2005 Elaine Boehme, Secretary Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 CITY COUNCIL l.:nua ?t1. Haffuu•istt•r. Alavor Susan Bonilla. Vice Mw or Icicn N1. Allen Mark A. Pctcrwn William Shinn Klrc Rae Lchm;ul, Cill, Clork Thomas Wemling. City Treasurer Lydia E. Du Borg, City Manager VIA FAX (925) 2284624 (Hard copy via regular mail) Subject: Kiewit Property Clean Fill Lease Project (DP 8210) Dear Mrs. Boehme: Thank you for the opportunity to review the Kiewit Property Clean Fill Lease Project Draft /'!� Mitigated Negative Declaration. Staff has reviewed the proposal and we have no comments at (� J this time. � Should you have any questions, please feel free to contact me at (925) 671 -3281. Sincerely, Tina Hadley Assistant Planner cc: Phillip Woods, Principal Planner 051tr.133 mnnil: t'itrinf.(Rcixoncurd.cams ;,,rLsilr: tcticlr.cin'nfrnncurcLurg SUPPLEMENT TO ATTACHMENT 3 COMMENTS AND RESPONSES TO COMMENTS ON THE MITIGATED NEGATIVE DECLARATION FOR THE PROPOSED KIEWIT PROPERTY CLEAN FILL LEASE One comment letter, from the Contra Costa County Flood Control & Water Conservation District (CCCFC &WD), was received after the end of the 30 -day public review period for the Mitigated Negative Declaration and after completion of the Position Paper for this agenda item. Given the proximity of CCCFC &WD flood control channels to the proposed lease site and the likely future involvement of this agency in permitting of the clean -fill operations, the comment letter from this agency follows, along with a response from CCCSD staff, so that the information provided can be included in the administrative record. CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT, AUGUST 3, 2005 The comments presented are informational in nature and do not identify any changes needed in the Mitigated Negative Declaration. The comments are acknowledged and no additional response is necessary. T:\Planning \Leavitt \Kiewit Property\Neg Dec\ATTACHMENT 3 Supplement- Responses.doc AUG. 3.2005 6 :40PM CCC PUBLIC WORKS NO.267 P.2 Contra Costa County Maurice M. Shiu ` FLOOD CONTROL ax officio Chief Engineer 255 Glacier Drive, Martinez, CA 94SSS -4825 & 'Water, Conservation District Telephone: (925) 313.2000 c� FAX (925) 313 -2333 August 3, 2005 Russell Leavitt Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Dear Mx. Leavitt: File: 3060 -06 APN 159 -140 -051 2005 We have reviewed the mitigated negative declaration for the Kiewit Property Clean Fill Lease Project, which we received on July 21, 2005, and submit the following comments. 0 The proposed project is located in Drainage Area 60, an unformed drainage area. Therefore, there are no drainage area fees due at this time. 2. The document alludes to fixture development on the filled parcel for "compatible uses." The document also mandates that "it will be the responsibility of the lessee /clean fill site operator to develop a site plan with suitable drainage as part of the permitting process" (Page 2). We typically require developments to design and construct storm drain facilities to adequately collect and convey storm water entering or originating within the development to the nearest adequate man -made drainage facility or natural watercourse, without diversion of the watershed, per Title 9 of the County Ordinance. While the proposed clean fill project does not appear to create any new impervious surface area, we, recommend that the site drainage plan submitted to the County be evaluated based on future land uses, so as to avoid potential regrading due to the collect and convey requirement above. 3. The Contra Costa County Flood Control and Water Conservation District (District) holds fee title to both the Walnut Creek and Grayson Creek channels. Any work within District right -of -way will require a Flood Control Encroachment Permit. Contact Bob Hendry at the Contra Costa County Permit Center (925- 335 -1375) in order to apply for such a permit. 4. The District commonly has excess material from channel desilting projects. Our next project in the adjacent channels is scheduled for the summer of 2006, and we are interested in exploring the compatibility of our project with yours, specifically With the type of material, availability of the site, and cost. Please contact Paul Det ens at (925) 313 -2394 to discuss the potential for the District to contribute fill to your site. AUG. 3.2005 6 :40PM CCC PUBLIC WORKS NO.267 P.3 Russell Leavitt August 3, 2005 Page 2 S. As you know, the District, in partnership with the united States Army Corps of Engineers, is conducting ongoing hydrology and hydraulic studies of both Grayson and Walnut Creeks, Please be aware that the rase flood elevation for the project site may change as a result of these studies. 6. The lessee /clean fill site operator should be required to comply with the current National. Pollution Discharge Elimination System (NPDES) requirements under the County Stormwater Management and Discharge Control Ordinances and the C.3 Guidebook. We support the state's goal of providing best management practices to achieve the permanent reduction or elimination of storm water pollutants and downstream erosion from new development, We appreciate the opportunity to review plans involving drainage matters and welcome continued coordination. If you have any questions, you may reach me at (925) 313 -2304 or Tim J=sen at (925) 313 -2396. Very truly yours, IL4 -;9� Wes Cooley Civil Engineer Flood Control Engineering wC,cw G= 1GmD9t1tT1dCtllC=DevlCMl3S 1Clydd CCCSD NezD= Mown Propeny.doe c: Greg ConnPobton, Flood Control Bob Pamone, Flood Control Paul Dct cns, Flood Control 74m Jansen, Flood Control Steve MiSh% Flood Control Monish Sen, Engineering Services Gary Faris, Building Inspection ATTACHMENT 4 RESOLUTION NO. A RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING PROGRAM AND THE PROPRIETY OF LEASING THE KIEWIT PROPERTY FOR A CLEAN FILL OPERATION UNDER HEALTH AND SAFETY CODE § 6514.1 WHEREAS, for the purposes of CEQA review, the project upon which this determination is made is described as follows: Central Contra Costa Sanitary District plans to lease its Kiewit Property parcel for a clean fill site to obtain revenue. The site is approximately 33 acres and is located between Grayson and Walnut Creeks, Highway 4, and Imhoff Drive adjacent to the District wastewater treatment plant in Martinez, Contra Costa County, California. The vacant property is owned by the District and used as a buffer zone for the wastewater treatment plant located to the west of the project, across Grayson Creek. The project scope consists of filling the site with clean fill to bring the site level with Imhoff Drive to the north. The site will be raised a nominal five feet to an elevation estimated to range from 20 to 23 feet above sea level. A private lessee /clean fill site operator will be selected by the District to design the project, obtain permits, and operate the project over its expected three -year life; and WHEREAS, an Initial Study has been conducted by the Central Contra Costa Sanitary District; and WHEREAS, District staff concludes that the Initial Study adequately, accurately, and objectively evaluated the proposed effect on the environment; and WHEREAS, adequate public notice was given to receive comments on the proposed lease of the Kiewit property for a private clean fill operation; and WHEREAS, the District Board of Directors has reviewed the results of the Initial Study, considered comments received, and determined that a clean fill lease, as mitigated, will not have a significant effect on the environment; and WHEREAS, the District Board of Directors finds that the Mitigated Negative Declaration and its Mitigation Monitoring Program reflects its independent judgment of the project's environmental effects of a clean fill lease; and WHEREAS, following a public hearing on the matter pursuant to Health and Safety Code § 6514.1, the District Board of Directors finds that the use of the property for a leased clean fill operation is compatible with agency operations, is of public benefit, and will be for a term of no more than 10 years. NOW, THEREFORE, be it resolved that the Board of Directors of the Central Contra Costa Sanitary District does hereby approve the Mitigated Negative Declaration, Mitigation Monitoring Program and the propriety of leasing the Kiewit Property for a clean fill operation under Health and Safety Code § 6514.1. The Secretary of the Board of Directors will be custodian of the document and other materials that constitute the record of proceedings for the adoption of this Mitigated Negative Declaration. The record of proceedings will be maintained at the District offices, 5019 Imhoff Place, Martinez, California. PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors this 11th day of August, 2005, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the District Board of the Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District County of Contra Costa State of California Kenton L. Alm, District Counsel PUBLIC HEARING ON COLLECTION OF DELINQUENT CONNECTION FEES ON THE COUNTY TAX ROLL SUGGESTED AGENDA AUGUST 11, 2005 Announce that this public hearing was continued from June 2 and July 21, 2005, to allow time for the delinquent connection fees to be brought current. 2. Request Staff Report from Environmental Services Division Manager Curt Swanson. 3. Open the Hearing and invite comments from the public. 4. Close the Hearing. 5. Back to the Board - Recommended Action: Approve and authorize the General Manager to execute the payment agreement if it has been signed by the other two parties; or Adopt a resolution authorizing collection of delinquent connection fees on the County tax roll. S:WDMURATCLIFF \Resolution Overruling Protests - Delinquent Fees 7- 21- 05.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 11, 2005 No.: 5.b. H EAR I NGS Type of Action: CONDUCT PUBLIC HEARING subject: CONDUCT PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON PLACING DELINQUENT 1997 CONNECTION FEES ON THE COUNTY TAX ROLL FOR COLLECTION Submitted By: Curtis W. Swanson Initiating Dept. /Div.: Engineering / Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION. vl�ru C. Swanson X. sgraves General ISSUE: The District Code and State law require holding a Public Hearing for placing delinquent Connection Fees on the County tax roll for collection. RECOMMENDATION: Conduct a Public Hearing and take the following action, if considered appropriate: N Approve and authorize the General Manager to execute the payment agreement if it has been signed by the other two parties; or • If the payment agreement has not been signed by the other two parties, approve a resolution authorizing collection of delinquent Connection Fees on the County tax roll. FINANCIAL IMPACTS: If collected on the County tax roll, collection of $4,928 is guaranteed, which includes a 10% penalty. Also, interest would be charged on the outstanding balance through the date of collection. This outstanding connection fee was discovered in March and became delinquent on June 28, 2005. ALTERNATIVES /CONSIDERATIONS: The District attempted to collect the delinquent Connection Fees through direct billings. It would be prudent to collect the delinquent fee through the County tax roll, which would guarantee payment. BACKGROUND: In March, staff discovered the existence of a home located at 161 Twin Peaks Drive, Walnut Creek, which was occupied and had an illegal connection to the public sewer in calendar year 1997. A series of letters, beginning March 3, 2005, were sent to the current property owners as well as the property owners at the time of connection, notifying them of their responsibility for payment. The current occupants were invoiced for all charges and have not paid. These fees became delinquent on June 28, 2005. Page 1 of 4 S:\ADMIN \POSPAPER \Conduct Public Hearing Delinquent Fees 7- 21- 05.doc POSITION PAPER Board Meeting Date: August 11, 2005 subject. CONDUCT PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON PLACING DELINQUENT 1997 CONNECTION FEES ON THE COUNTY TAX ROLL FOR COLLECTION A legal notice was originally published in the Contra Costa Times for the June 2, 2005, Public Hearing to receive and consider protests to having delinquent Connection Fees collected on the FY 2005 -2006 tax roll. The Public Hearing was continued at that time to allow for payment of outstanding charges. The parties were given an extension until July 20, 2005, to pay the fees or propose an acceptable payment schedule at which time the outstanding charges become delinquent. The parties proposed a five -month payment schedule and submitted a $500 initial payment to the District on July 19, 2005. At the July 21, 2005, Board Meeting, Staff requested that the Board continue the hearing until August 11, 2005, to allow staff time to prepare a payment agreement and obtain signatures of the parties. If the agreement has not been signed by both parties by August 11, 2005, the outstanding charges become delinquent. It is recommended that a hearing be held to consider the matter described. RECOMMENDED BOARD ACTION: Conduct a Public Hearing and upon its conclusion, take the following action, if considered appropriate: Approve and authorize the General Manager to execute the payment agreement if it has been signed by the other two parties; or • If the payment agreement has not been signed by the other two parties, approve a resolution authorizing collection of delinquent Connection Fees on the County tax roll. Page 2 of 4 SAADMIMPOSPAPER \Conduct Public Hearing Delinquent Fees 7- 21- 05.doc RESOLUTION NO. 2005- A RESOLUTION OVERRULING PROTESTS AND ADOPTING THE REPORT PURSUANT TO SECTION 5473, HEALTH AND SAFETY CODE WHEREAS, this Board elected to collect delinquent charges with general taxes pursuant to Section 5473 and 5473a, Health and Safety Code, and Section 6.28.010 of the Central Contra Costa Sanitary District Code; and WHEREAS, a written report of delinquent charges was filed and a Hearing was held in the time and manner provided by law and notice of the filing of the report and date of the Hearing was given in accordance with Section 5473.1, Health and Safety Code. NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District resolves as follows: The written report filed pursuant to Section 5473, Health and Safety Code, was prepared and filed and thereafter notice of the filing of the report and of the Hearing were given in the form and manner provided in Section 5473.1, Health and Safety Code, and Hearing was held on August 11, 2005, in accordance with Sections 5473.2 and 5473.3, the Health and Safety Code, at which time the Board heard and considered all comments and protests. 2. The report heretofore prepared and filed by the Secretary of the District is adopted. 3. All protests are overruled. The Secretary of the District is directed to file a copy of the report with a statement endorsed upon it over her signature that it has been finally adopted by this Board. The Auditor and Tax Collector respectively of the County of Contra Costa are requested to proceed in the manner provided in Section 5473.4 - 5473.9, Health and Safety Code, to include the delinquent charges as contained in the manner provided in those Sections. SAADMURATCLIFRResolution Overruling Protests - Delinquent Fees 7- 21- 05.doc Page 3 Of 4 PASS AND ADOPTED this 11 th day of August, 2005, by the District Board of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members ABSENT: Members President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Countersigned: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to form: Kenton L. Alm District Counsel Page 4 of 4 SAADMIMRATCLIMResolution Overruling Protests - Delinquent Fees 7- 21- 05.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 11, 2005 No.: 7.a. BIDS AND AWARDS Type of Action: AUTHORIZE AWARD Subject: AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO E.E. GILBERT CONSTRUCTION, INC. FOR THE NORTH CLARIFIER PAVING PROJECT, DISTRICT PROJECT 6153 Submitted By: Initiating Dept. /Div.: James Kong, Staff Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: c J. Kong B. Than W. Brennan A. Farre ares . a General Manag r ISSUE: On July 20, 2005, sealed bids were received and opened for construction of the North Clarifier Paving Project, District Project 6153. 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 E.E. Gilbert Construction, Inc. FINANCIAL IMPACTS: Expenditure of approximately $568,000, including construction contract, contingency and construction management, will be required to complete the project. ALTERNATIVES /CONSIDERATIONS: Reject all bids, which is not recommended. BACKGROUND: In the mid 1990s, treatment plant staff surveyed the condition of the asphalt paving, and unpaved drainage areas around the plant site. The survey evaluated the condition and life expectancy of the existing paving and looked at where additional paving might be installed to improve maintenance and operation functions. A program was developed to re -pave or install new paving, in a logical sequence, as identified in the survey. The scope of this project includes the placement of 13,500 square feet of reinforced concrete paving and 36,000 square feet of asphalt paving around the North -Quad Clarifiers area (see Attachment 1). The design of the North Clarifier Paving Project was prepared by staff. The Engineer's Estimate for construction cost for this project is $400,000. This project was advertised on July 1, 2005, and July 6, 2005. Five (5) bids ranging from $383,416 to $516,171 were received and publicly opened on July 20, 2005. 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 that E.E. Gilbert Construction, Inc. is the lowest responsive and responsible bidder, with a bid amount of $383,416. L: \Position Papers \Kong \6153 Award.DOC Page 1 of 5 8/3/2005 1:50 PM POSITION PAPER Board Meeting Date: August 11, 2005 Subject., AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO E.E. GILBERT CONSTRUCTION, INC. FOR THE NORTH CLARIFIER PAVING PROJECT, DISTRICT PROJECT 6153 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 $543,000. The North Clarifier Paving Project is included in the fiscal year 2005 -06 Capital Improvement Budget pages TP -64 and TP -66. 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 $383,416 for the construction of the North Clarifier Paving Project, District Project 6153, to E.E. Gilbert Construction, Inc., the lowest responsive and responsible bidder. L: \Position Papers \Kong \6153 Award.DOC Page 2 of 5 8/3/2005 1:50 PM w 0 V 0 150 900 FEET / - Central Contra Costa Attachment Sanitary District NORTH CLARIFIERS PAVING PROJECT District Project 6153 1 L Project Location r Page 3 of 5 ATTACHMENT 2 Central Contra Costa Sanitary District SUMMARY OF BIDS PROJECT NO. /NAME: 6153 - North Clarifier Paving DATE: July 20, 2005 LOCATION: Martinez, California ENGINEER'S ESTIMATE: $400,000 BIDS OPENED BY: /s/ Elaine Boehme LADesignTistrict Projects\6153\Final Bid Summary.DOC Page 4 of 5 DATE: July 20, 2005 BIDDER Name, Address, Telephone No. BID PRICE E.E. Gilbert Construction 1 155 Howe Road $ 383,416 Martinez, CA 94553 925 228 -0317 Ghilotti Bros, Inc 2 525 Jacoby Street $ 465,892 San Rafael, CA 94901 415 454 -7011 O.C. Jones & Sons, Inc 3 1520 Fourth Street $ 485,900 Berkeley, CA 94710 510 526 -3424 W.R. Forde Associates 4 984 Hensley Street $ 493,375 Richmond, CA 94801 510 215 -9338 RGW Construction 5 550 Greenville Road $ 516,171 Livermore, CA 94550 925 606 -2400 BIDS OPENED BY: /s/ Elaine Boehme LADesignTistrict Projects\6153\Final Bid Summary.DOC Page 4 of 5 DATE: July 20, 2005 ATTACHMENT 3 NORTH CLARIFIER PAVING PROJECT DISTRICT PROJECT 6153 POST -BID / PRE - CONSTRUCTION ESTIMATE Page 5 of 5 Percent of Estimated Construction No. Item Description Amount Cost 1 CONSTRUCTION a. Construction Contract $383,416 b. Contingency at 20% $76,584 TOTAL CONSTRUCTION $460,000 100% 2 CONSTRUCTION MANAGEMENT a. District Forces - Construction Management and Inspection $60,000 - Operations Department $10,000 - Engineering Support/Survey /Secretarial $3,000 SUBTOTAL $73,000 16% b. Consultants - Material and Construction Testing $2,000 SUBTOTAL $2,000 0.43% TOTAL CONSTRUCTION MANAGEMENT $75,000 16% 3 TOTAL CONSTRUCTION PHASE COST $535,000 116% 4 TOTAL PREBID EXPENDITURES $33,000 7% 5 TOTAL DESIGN AND CONSTRUCTION MANAGEMENT COST $108,000 23% 6 TOTAL ESTIMATED PROJECT COST $568,000 123% 7 FUNDS AUTHORIZED TO DATE $25,000 8 ADDITIONAL ALLOCATION NEEDED TO COMPLETE PROJECT $543,000 Page 5 of 5 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 11, 2005 No.: 9.a. ADMINTSTRATION Type of Action: APPROVE PROGRAM CONTINUANCE Subject: APPROVE CONTINUANCE OF EMPLOYEE COMPUTER HARDWARE PURCHASE ASSISTANCE PROGRAM Submitted By: Initiating Dept /Div.: Mark Greenawalt, IT Administrator Administrative / IT REVIEWED AND RECOMMENDED FOR BOARD ACTION: 1011 M. reen It D. R i My graves har *ana;r General ISSUE: Board approval is required for continuance of the District's Employee Computer Hardware Purchase Assistance Program. RECOMMENDATION: Approve the continuance of the Employee Computer Hardware Purchase Assistance Program effective August 11, 2005. FINANCIAL IMPACTS: Currently $12,484 is invested in computer loans to District employees. ALTERNATIVES /CONSIDERATIONS: The Employee Computer Hardware Purchase Assistance Program could be reduced or eliminated, however, this is not recommended by staff. BACKGROUND: The District's Employee Computer Hardware Purchase Assistance Program was initially approved by the Board effective July 1, 1995, with a condition for Board review every two years. In 2003, the Board requested that staff change this to an annual review. In approving the Employee Computer hardware Purchase Assistance Program last year, the Board mentioned several alternatives for consideration. First, the Board asked about total amount that an employee can borrow, and could it be reduced to some amount other than $2,000. The present amount requested by employees for a computer along with software, a printer and accessories approaches the $2,000 amount. This amount is consistent with the cost of computers provided at most workstations. Since the loan is the actual cost that the employee will eventually pay for the computer, it is somewhat a purchaser's decision. A second alternative mentioned was to reduce the total program funds available. These Program funds remain invested in LAIF when not in use and when borrowed are repaid at the LAIF interest rate. The District does not lose income from this program. With the number of recent employees, the Board might want to wait a year before determining a possible decrease to the program funds. SAADMIMPOSPAPEMApprove Employee Computer Purchase Program 08- 11- 05.doc Page 1 of 2 POSITION PAPER Board Meeting Date: August 11, 2005 subject. APPROVE CONTINUANCE OF EMPLOYEE COMPUTER HARDWARE PURCHASE ASSISTANCE PROGRAM Both the employees and the District benefit from this program. On the one hand, the program provides employees with a low cost resource to purchase a home computer. On the other hand, the District benefits by employees enhancing their computer skills off the job. The utilization of computers continues to increase at the District and there are now few staff positions that do not use a computer in some facet of their job; i.e., Maintenance, Operations, Human Resources, Graphics, Accounting and Sewer Service work. Employee's computer skills dramatically increase by working on their home computer, a benefit of the program gained at no cost to the District. Many District employees have taken advantage of this program. The revolving loan fund of $70,000 currently has $12,484 in outstanding loans with a $57,516 balance available for new loans as of June 30, 2005. In the past year, 11 loans have been extended for a total dollar amount of $18,642. The program will continue to operate from the same approved funds and will retain the same basic structure. Program Overview The District will charge participants at the LAIF interest rate, and will get the same rate of return as it would if the loan fund were invested rather than extended to employees. • The program will continue to be administered by the Accounting Section. • The minimum loan amount is $600. • Only one loan can be outstanding at a time per employee for a maximum of $2,000 over the program's two -year term. • Purchased computers must be compatible with current District standards, and will require the review of the IT Administrator. • Peripherals and software purchased with computers are covered by this program (i.e.: printers, disk drives, etc.). Staff recommends that this program be continued and will report to the Board every year via a Position Paper. RECOMMENDED BOARD ACTION: Approve the continuance of the Employee Computer Hardware Purchase Assistance Program effective August 11, 2005, for a one -year period. S:WDMIMPOSPAPEMApprove Employee Computer Purchase Program 08- 11- 05.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 11, 2005 No.: 10.a. ENGINEERING Type of Action: AUTHORIZE AGREEMENT Subject: AUTHORIZE THE PRESIDENT OF THE BOARD OF DIRECTORS AND THE SECRETARY OF THE DISTRICT TO EXECUTE A JOINT POWERS AGREEMENT WITH THE CITY OF PLEASANT HILL FOR THE VESSING SEWER RENOVATION PROJECT, DP 5646 Submitted By. Initiating Dept/DM: Tad Pilecki, Principal Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION. a�A- "-i ecki W. Brennan A. Farrell KV K. Alm, ` -PMEIT District Counsel General ISSUE: The Board of Directors' authorization is required for agreement with other public agencies over fifty thousand ($50,000) dollars. RECOMMENDATION: Authorize the President of the Board of Directors and the Secretary of the District to execute a Joint Powers Agreement with the City of Pleasant Hill for the Vessing Sewer Renovation Project, DP 5646. FINANCIAL IMPACTS: Approximately $130,000, with 100 percent to be reimbursed by the City of Pleasant Hill. ALTERNATIVES /CONSIDERATIONS: Do not authorize the Joint Powers Agreement (JPA), which is not recommended. BACKGROUND: The City of Pleasant Hill has requested the District to include in its Vessing Sewer Renovation Project the repairs of the Hoover Court Slide. The slide repair project is immediately adjacent to the District's pipeline alignment (see Attachment 1). The Board authorized staff to negotiate a JPA with the City as part of the June 2, 2005 Position Paper Award for the Vessing Sewer Renovation Project. On July 11, 2005, the Pleasant Hill City Council, at its scheduled meeting, passed a resolution authorizing the City Manager to execute a JPA with the District for the Hoover Court Slide Repair. The JPA requires that the City pay 100 percent of the construction cost for the slide repair, plus a markup to compensate the District for its staff time, approximately $130,000 total. The City of Pleasant Hill is required to perform all tasks relating to compliance with the California Environmental Quality Act (CEQA) for the Hoover Court Slide Repair. Therefore, no Board action with respect to CEQA is required. L: \Cbradley\Position Papers\2005Wugust \5646 - Vessing JPA.DOC Page 1 of 3 POSITION PAPER Board Meeting Date: August 11, 2005 Subject. AUTHORIZE THE PRESIDENT OF THE BOARD OF DIRECTORS AND THE SECRETARY OF THE DISTRICT TO EXECUTE A JOINT POWERS AGREEMENT WITH THE CITY OF PLEASANT HILL FOR THE VESSING SEWER RENOVATION PROJECT, DP 5646 RECOMMENDED BOARD ACTION: Authorize the President of the Board of Directors and the Secretary of the District to execute a Joint Powers Agreement with the City of Pleasant Hill for the Vessing Sewer Renovation Project, DP 5646. LACbradley \Position Papers\2005\August \5646 - Vessing JPA.DOC Page 2 of 3 � SITE LOCATION x Central Contra Costa Drawing No. Sanitary District VESSING SEWER RENOVATION PROJECT ' CCCSD PROJECT NO.5646 Z Page 3 of 3 August 11, 2005 11.a. CORRESPONDENCE Page 1 of 3 Receive letter dated July 29, 2005 from Terry McDonald, Executive Director of St. Vincent de Paul Society, regarding consideration of St. Vincent de Paul Society as a potential lessee of the former County animal shelter July 29, 2005 ST. VINCENT de PAUL SOCIETY OF LANE COUNTY, INC Social Services — (541) 689 -6747 Stores — (541) 345 -0595 Office — (541) 687 -5820 Fax — (541) 683 -9423 Barbara D. Hockett, President Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 705 S. Seneca P.O. Box 24608 Eugene, Oregon 97402 RE (DEaeEo AUG 0 1 2005 SECRETARY OF SD DISTRICT Re: Consideration of St. Vincent de Paul of Lane Oregon (dba DR3 in Northern California) as a potential lessee of the former County animal shelter Dear President Hockett: In early 2005, I became aware of the imminent vacancy of the County's animal shelter located on Central Contra Costa Sanitary District's (CCCSD) property. At that time I was directed to talk with David Deutscher regarding my interest in the property for a computer recycling facility. I had been approached by the Central Contra Costa Solid Waste Authority (with support from the other Central county cities and with whom we have a contract with to distribute reusable items collected curbside from its service area) to site an electronic waste collection site in Central Contra Costa County. My understanding is that a free - drop -off option does not exist in central Contra Costa as it does in both West and East County. The former animal shelter seemed like a natural fit since it was next door to CCCSD's own household hazardous waste facility and people could drop -off both kinds of hazardous materials on the same trip. Initially, David Deutscher was very responsive providing maps and tours of the facility. At that time, I was also told that the Board's real estate committee would consider my request. On February 15, 2005 I submitted a draft copy of St. Vincent de Paul's letter of interest to David in order to start formal discussions with him and then eventually the Board. Much to my dismay, David submitted the "draft" letter to the real estate Committee. After numerous attempts to reach David to find out the status of my request, I A.rCCCSD.d- "Help Us Help Others" i was finally told in June that the real estate committee no longer was interested in a recycling operation on that site. While clearly that is the Committee's prerogative, I was disappointed that I was not notified when the committee considered my request so I could have attended the meeting, nor did I receive any official rejection of my draft proposal with the procedure for appealing the committee's decision to the entire Board spelled out. I am still searching for a suitable site for computer and appliance recycling and reusable item sorting. This facility would also provide skills training for the low income community. This site could even possibly be used for recycling based business development similar to our facility in San Leandro. Thank you for your consideration of this matter. If the CCCSD would like to hear more about what St. Vincent de Paul is proposing I'd be happy to attend a future meeting. Sincerely, Terry McDonald Executive Director cc Chuck Batts, General Manager Cued-