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HomeMy WebLinkAboutBOARD MINUTES 09-02-99 141 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON SEPTEMBER 2, 1999 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on September 2, 1999. President Lucey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Nejedly, Hockett, Boneysteele, Lucey ABSENT: Members: Menesini Member Menesini entered the meeting at the hour of 2:05 p.m. a. INTRODUCE NEW EMPLOYEES . Bonnie L. Mayer, Executive Assistant . Ann E. Farrell, Director of Engineering Mr. Charles W. Batts, General Manager, introduced Ms. Bonnie L. Mayer, Executive Assistant, and Ms. Ann E. Farrell, Director of Engineering. President Lucey and the Board of Directors welcomed Ms. Mayer and Ms. Farrell to the District. 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Boneysteele, that the Consent Calendar, consisting of Items a. through e., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. The Grant of Easement from Contra Costa County, Job 5371, Parcel 3, was approved; the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Grant of Easement; and Resolution No. 99-079 was adopted to that effect. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Nejedly, Lucey NOES: Members: None ABSENT: Members: Menesini b. Authorization was given for P.A. 99-13 (Danville) to be included in a future formal annexation to the District. Motion approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Boneysteele, Nejedly, Lucey None Menesini 09 02 99 142 c. Authorization was given for P.A. 99-14 (Danville) to be included in a future formal annexation to the District. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Nejedly, Lucey NOES: Members: None ABSENT: Members: Menesini d. Resolution No. 99-080 was adopted, establishing the Sewer Construction Fund appropriations limit in the amount of $39,804,402 for the 1999-2000 fiscal year, in accordance with Article XIII B of the California Constitution, and the change in the local assessment roll due to local nonresidential construction was selected for use in computing the appropriations limit. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Nejedly, Lucey NOES: Members: None ABSENT: Members: Menesini e. The attendance of Mr. Wayne Miner was authorized at the Management Action Programs Workshop to be held September 23-25, 1999, in Napa, California, at a cost of $ 2,715. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Nejedly, Lucey NOES: Members: None ABSENT: Members: Menesini 4. HEARINGS a. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF A NEGATIVE DECLARATION AND SELECT A PROJECT ALTERNATIVE FOR THE LOWER ORINDA PUMPING STATION IMPROVEMENT PROJECT. DP 5237 Mr. Batts, General Manager, stated that a presentation is planned to provide all of the information provided to the Orinda City Council upon which the Council made its decision favoring the renovation option as set forth in the letter provided in the agenda packet. At 2:05 p.m., Member Menesini entered the meeting. Mr. Batts introduced Mr. Tad Pilecki, Senior Engineer, who stated the purpose of this public hearing is to receive comments on the Negative Declaration and the Lower Orinda Pumping Station Improvement Project, to consider approval of the Negative Declaration, and to consider selection of a preferred alternative. Mr. Pilecki reviewed the background leading to the proposed project beginning with the Pumping Stations Master Plan prepared in 1989 by Dodson and Young. The Master Plan evaluated existing pumping stations' condition; developed criteria including firm pumping capacity, equipment reliability, ease of maintenance and operation, and safety; and recommended improvements. Mr. Pilecki displayed a map and described the location of the Lower Orinda Pumping Station and the vicinity. The Lower Orinda Pumping Station was built in 1949, fifty years ago. It is the oldest active pumping station in the District system. The electrical and mechanical equipment is obsolete and difficult to maintain. The Master Plan recommended that the mechanical and electrical equipment be updated, reliability improved, and capacity increased to meet projected wet weather flows. Mr. Pilecki stated that there is not 143 enough room to add additional equipment to the existing pumping station without expanding the footprint. In 1996, G.S. Dodson was hired to do a feasibility study plan on renovation of this pumping station. That feasibility study found it would be possible to renovate at the existing site but it will be a challenge to keep the facility in operation during the renovation. Mr. Pilecki reviewed the comparison of the renovation alternative and the relocation alternative, highlighting the advantages and disadvantages of each as set forth in the handouts provided to the Board. Mr. Pilecki reviewed the planning level estimates for both options, noting that the renovation option is estimated at $6.6 million and the relocation is estimated at $7.6 million. Mr. Pilecki noted that detailed design has not been done so it is very difficult to give accurate estimates at this time. Right of way costs, life cycle costs, and any future renovations at the existing site but not required for the new pumping station are not included in these planning level estimates. Future actions and approvals required from the City of Orinda for each option were reviewed, including General Plan/zoning variance, tree removal, creek set back variance, and City encroachment permit. In addition, the relocation option would require interface with the City on traffic issues and architectural review. Mr. Pilecki reported that staff met with City representatives on January 6, 1999. The major issues identified by the City at that time related to alternative locations, set backs/creek impacts, tree impacts, traffic impacts, and visual impacts. On August 3, 1999, District staff appeared before the Orinda City Council, presenting responses to the issues raised. Mr. Pilecki stated that the criteria used in identifying potential sites included gravity flow and the need for the new site to be near the existing sewer lines. Three potential sites were identified, the one being discussed, one on the number one green of the Orinda Country Club, and the Orinda County Club maintenance facility site. With regard to set backs and creek impacts, a variance would be needed from the City for the renovation option. With regard to crossing under the creek for the relocation option, DCM Joyal, a geotechnical firm, was hired to consider creek impacts. DCM Joyal concluded that the work could be done without damaging the creek. With regard to the issue of trees, of the 59 trees on the project site, 13 are of concern and must be removed for the relocation alternative. Two trees must be removed for the renovation alternative. Mr. Pilecki showed renderings and photo simulations of the relocation alternative and stated that trees would be planted as part of the relocation option for visual screening. Mr. Pilecki stated that all of this information was presented to the Orinda City Council. Several homeowners were present and expressed concerns as did the City Council Members. Those concerns focused on three areas: aesthetics, trees, and traffic. The Orinda City Council and some residents felt that the renovation option would better serve the best interest of the Orinda community. The Board was provided with letters from the City Council and some residents expressing that position. Mr. Pilecki stated that as the Lead Agency, the District has conducted an Initial Study of the proposed project (renovation and relocation) to determine if the project may have a significant effect on the environment. The issues raised by the City Council and residents were considered as well. It was concluded that there are no major significant impacts that cannot be mitigated and that a Negative Declaration is the appropriate tool for either option. Mr. Pilecki reviewed the Lower Orinda Pumping Station Improvement Project environmental review and approval process beginning in December 1998 with a community forum, an Orinda City Council workshop on January 6, 1999, public review of the Draft Negative Declaration from February 19, 1999 through March 24, 1999, issuance of the Final Negative Declaration on July 26, 1999, and the public hearing today to consider the Negative Declaration and project selection. Mr. Pilecki briefly reviewed the seven responses received during public review of the Draft Negative Declaration. Three responses from the public were against relocation but favored renovation, two were for relocation and also favored renovation, and two were neutral. Mr. Pilecki presented the staff recommendation that the Board make independent findings, approve the Negative Declaration, and select the renovation option as the preferred option subject to favorable findings of detailed predesign. Mr. Pilecki reviewed the anticipated project schedule for both the renovation and the relocation alternatives. At 2:44 p.m., President Lucey opened the public hearing to receive comments on the Negative Declaration and the Lower Orinda Pumping Station Improvement Project alternatives. Receipt of the following correspondence was noted: a letter dated August 20, 1999 from Ms. Melanie C. Hobden, Orinda Community Development Director, 09 02 99 144 expressing the Orinda City Council's preference for the renovation alternative; a letter dated August 25, 1999 from Ms. Mary R. Ellsworth, Orinda City Clerk, enclosing an excerpt from the Orinda City Council Meeting minutes at which this matter was discussed; and an E-Mail dated September 1, 1999 from Mr. Jack Kay and Mrs. Mary Ellen Kay supporting the renovation alternative and opposing the relocation alternative. There being no further correspondence or public comments, President Lucey closed the public hearing. President Lucey commended Messrs. Pilecki, Batts, and Brennan, and all those who have worked so diligently with the Orinda City Council and staff. Discussion followed with regard to projected reliable pumping station capacity, the residual value of any old equipment, the advantages and disadvantages of the relocation alternative and the renovation alternative, a risk determination relative to various variables, the preference of Orinda Country Club, the preference of some District Board Members for the relocation alternative, concern accommodating the preference of the City of Orinda over District staff's preference, levying an incremental pumped zone cost, and the role of the City of Orinda in this process. Mr. Kenton L. Aim, Counsel for the District, stated that the law is relatively clear that cities and counties have the right to control the development of sewer facilities through the land use and zoning process, and they have the right to decide whether a sewer facility is put in a particular place or not. Mr. Aim stated that the Negative Declaration provides the basis for doing either alternative and comments were taken for both alternatives. Following discussion, it was moved by Member Hockett and seconded by Member Menesini, that Board of Directors independently finds that the Initial Study adequately, accurately, and objectively evaluates the proposed project's effect on the environment; that on the basis of the whole record before the Board, including the Initial Study and comments received during the public review process, there is no substantial evidence that the project will have a significant effect on the environment; that the Negative Declaration reflects the District's independent judgment and analysis; and that Public Resources Code Section 21081 .6 regarding a mitigation monitoring program is not applicable to this project since no changes or conditions of project approval are required to mitigate potentially significant effects; and that based on those independent findings, the Board of Directors approves the Negative Declaration for the Lower Orinda Pumping Station Improvement Project, DP 5237. There being no objection, the motion was unanimously approved. It was moved by Member Hockett and seconded by Member Nejedly, that the Lower Orinda Pumping Station Improvement Project renovation option be selected, subject to favorable findings of the detailed predesign. Motion approved with Member Boneysteele voting no and Member Menesini abstaining. Member Menesini requested information on what would be obtained for the additional $1 million in the relocation option and the risks involved in proceeding with the renovation option. Mr. Batts stated that staff will provide that information when the detailed predesign is presented to the Board. 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 6. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO N. E. CARLSON CONSTRUCTION. INC.. FOR THE SOLIDS CONDITIONING BUILDING CONTROL ROOM MODIFICATIONS PROJECT. DP 6114A Mr. Batts, General Manager, introduced Mr. James M. Kelly, Director of Plant Operations, who stated that the purpose of this project is to continue the program to improve operational flexibility, efficiency, and effectiveness of the Plant Operations Department. Mr. Kelly stated that beginning in 1994, efforts began to reduce the number of operators on shift from six to five and finally to four. This has been accomplished with a number 09 02 99 145 of capital projects, most recently the replacement of chlorine with ultraviolet (UV) disinfection. The Solids Conditioning Building modifications will allow the Treatment Plant to be fully operational from the Solids Conditioning Building Control Room. It will allow the operators to relieve each other from the console so they can help with rounds, supervise, and coach, and it will provide improved operational flexibility and effectiveness. Mr. Kelly stated that the bids received for this project ranged from $168,440 to $183,300. The engineer's estimate for the work was $75,000. District staff conducted a commercial and technical evaluation of the bids. It is believed that factors contributing to the high bid include a tight bidding climate, a complex job with multiple subcontractors, significant construction constraints, and an underestimation of these issues in preparing the engineer's estimate. Nevertheless, staff recommends award of the contract to N. E. Carlson Construction, Inc., the lowest responsible bidder. Following discussion, it was moved by Member Menesini and seconded by Member Hockett, that award of a construction contract in the amount of $168,440 for construction of the Solids Conditioning Building Control Room Modifications Project, DP 6114A, be authorized to N. E. Carlson Construction, Inc., the lowest responsible bidder. Motion approved with Member Nejedly voting no. Member Nejedly stated that he voted no because of his concern with the tight bidding climate and the fact that only a few contractors can afford to solicit new business now making for higher bids. Member Nejedly stated that he is also concerned about N. E. Carlson Construction being a construction team and not a contractor normally working in a process industry. a. 7. REPORTS GENERAL MANAGER 1 ) Mr. Batts, General Manager, introduced Mr. Jim Belcher, Senior Engineer, who reported on the proposed steam system improvements. Mr. Belcher stated that the steam system operation and maintenance has become less than satisfactory. The operation is susceptible to process upsets and can easily become unstable and wasteful. Complete system maintenance has not been achievable due to leaking steam valves and inadequate valving for safe maintenance repairs. The steam system was installed in the late 1970's. Initially only the auxiliary steam boilers were used to power the 2500 horsepower steam turbine. Through the years additional components were added, making the system more and more complex and difficult to operate and maintain. Mr. Belcher stated that part of analyzing the steam system problems was deciding whether the steam system is necessary or whether there is another way to run the District facilities. Recovered steam energy from cogeneration and the furnace provide 90 percent of the power for aeration. Using steam avoids the use of over 13,000,000 KWH of electricity per year, saving the District over $1 million per year in electrical costs. Cogeneration saves $1 million per year in avoided electrical costs. A task force was formed to outline the major problem areas. The task force presented its report in the fall of 1998 and Ambitech, an outside engineering firm, was hired to perform extensive steam system investigation. Ambitech confirmed the task force findings and recommended coordination and specific measures to be taken that will improve performance and reliability of the overall system. It is proposed that a position paper be presented to the Board recommending commencement of design of steam system modifications and execution of a consultant agreement with Ambitech at a cost of $100,000. The preliminary cost estimate for the Steam System Improvements Project is $750,000. 2) Mr. Batts, General Manager, stated that in July the Board was advised of two air emission violations over the July 4 weekend. Both incidents were while operators were trying to raise the furnace burn zone. The Bay Area Air Quality Management District (BAAQMD) has fined the District $500 for an excess emission of smoke on July 4, 1999. It is believed that this will be the only fine for that period. 09 02 99 ----------_. . -.. -- --- .---. -.----------.---------------.----. .---- 146 b. 3) Mr. Batts, General Manager, announced that the District will be contracting for three separate small storm repair projects, each under $15,000. The projects are located on Hill Road in Danville, Poppy Lane in Orinda, and Wilkinson Lane in Lafayette. 4) Mr. Batts, General Manager, announced that several District employees have been or will be engaged in various professional activities and presentations. Mr. David Clovis, Safety and Risk Manager, will be giving a presentation entitled "Effective Safety Programs: The Big Picture" at the California Water Environment Association (CWEA) Northern Regional Training Conference on September 21, 1999. Dr. Gail Chesler, Associate Engineer, gave a technical presentation entitled "Evaluation of Primary and Secondary Clarifiers" to the CWEA San Francisco Bay Section Meeting on August 26, 1999 at the District. Mr. Ken Laverty, Purchasing and Materials Manager, will present a four-hour seminar on outsourcing to the Northern and Southern Regions of the California Association of Public Purchasing Officers (CAPPO) on the September 17, 1999 in South Lake Tahoe and on October 15, 1999 in Los Angeles. Member Menesini announced that Mr. John Larson, Director of Collection System Operations, is the Chair of the Northern Regional Training Conference. 5) Mr. Batts stated that the Board had previously approved a Success Sharing idea for retrofit of Treatment Plant lighting fixtures. Additional fixtures have been identified for replacement which were not part of the original contract. Mr. Batts announced that the District is advertising for bids for this additional replacement work. The engineer's estimate is $30,000. President Lucey expressed concern that the Board had not been told of this additional phase of the project. He requested that any additional work or Success Sharing ideas be presented to the Board before any actions are proposed by staff. Mr. Batts stated that staff would comply with that request. 6) Mr. Batts, General Manager, reported on the status of AB 1549 (Torlakson) which relates to election of District Board Members. AB 1549, as amended, has passed both the Senate and the Assembly and will go to the Governor for signature. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, briefly reported on the California Association of Sanitation Agencies (CASA) Attorneys' Committee Meeting presentation on the indictment of Rodeo Sanitary District General Manager- Chief Engineer for Clean Water Act violations. Issues included bypassing the chlorine contact chamber at Rodeo Sanitary District, failing to report that same bypass and failing to sample that bypass, failing to report collection system overflows on three separate occasions, failing to sample the three collection system overflows not reported, and six additional counts for allowing others to tamper with bioassay tests. Mr. Aim stated that this is the third case he is aware of where criminal violations are being imposed for things that have historically been handled by the Regional Board. BREAK At 3:58 p.m., President Lucey declared a recess, reconvening at the hour of 4: 1 0 p.m. with all parties present as previously designated with the exception of Member Hockett. c. SECRETARY OF THE DISTRICT None 09 02 99 d. a. 147 BOARD MEMBERS 1 ) Member Menesini reported on the proposed amendments to the Bylaws of the California Special Districts Association (CSDA) distributed with the Board agenda packet. Following discussion, the Board voted no on Proposed Bylaws Amendment #1, Annual Meeting with the State (Membership) and Proposed Bylaws Amendment #2, Annual Meeting within the State (Board of Directors), with Member Boneysteele voting yes, Members Nejedly, Menesini, and Lucey voting no, and Member Hockett being absent. The Board voted yes on Proposed Bylaws Amendment #3, Election/Voting Process for CSDA Board of Directors (Qualifications), Proposed Bylaws Amendment #4, Election/Voting Process for CSDA Board of Directors (Election Process) and Proposed Bylaws Amendment #5, Executive Committee, with Members Nejedly, Menesini, Boneysteele, and Lucey voting yes and Member Hockett being absent. 2) Member Boneysteele reported that at the last California Association of Sanitation Agencies (CASA) meeting there was a movement initiated by a CAS A Past President and Member of the Oro Loma Sanitary District Board of Directors, Judge Landis, that CASA was departing from its original mission of being an organization primarily for Directors and Managers rather than a technical organization. Judge Landis contacted various Past Presidents with the idea of meeting at the next CASA meeting for input on what the direction and purpose of CASA should be. Mr. Batts reported that he took Member Boneysteele's advice and contacted several of the Past Presidents of CASA who were managers. Mr. Jerry Smith agreed to poll Past Presidents who were managers. Mr. Batts stated that he also called Mr. Michael Dillon, CASA Executive Director, and Mr. Paul Causey, of Delta Diablo Sanitation District. 3) Member Menesini announced that the next Environmental Alliance discussion series will feature Mr. Steve McDonald, of Carollo Engineers, discussing the topic of Economic Drivers and Pollutant Trading for Water Quality Improvement. The discussion will be held on Monday, September 20, 1999 at noon at the John Muir National Historic Site in Martinez. 8. ENGINEERING AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH MARTINEZ REFINING COMPANY: AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO D' ARCY AND HARTY CONSTRUCTION. INC. FOR THE MARTINEZ TRANSMISSION SEWER PROJECT - PIPELINE REHABILITATION. DP 5328 Mr. Batts, General Manager, stated that the Board has received several briefings on the Martinez Transmission Sewer Rehabilitation Project. The work that is the subject of this position paper is for the portion of the pipeline through the Martinez Refining Company (Shell Oil) property. Due to the many complications of working in this area, including possible contaminated materials and safety issues, Martinez Refining Company has asked to have their contractor perform the work for the District. Martinez Refining Company has agreed to incur any extra cost associated with this. It was moved by Member Nejedly and seconded by Member Menesini, that the General Manager be authorized to execute an agreement with Martinez Refining Company not to exceed $160,000 to include replacement of 100 feet of 36-inch reinforced concrete pipe and rehabilitation of one junction structure for the Martinez Transmission Sewer Project - Pipeline Rehabilitation, DP 5328; and that award of a construction contract be authorized to D' Arcy and Harty Construction, Inc., the lowest responsible bidder, in the amount of $292,100 for the construction of the Martinez Transmission Sewer Project - Pipeline Rehabilitation, DP 5328. Motion approved with Member Boneysteele abstaining and Member Hockett being absent. 09 02 99 148 Member Boneysteele noted that he abstained from voting since a member of his family has an investment in the parent company of the Martinez Refining Company. 9. CORRESPONDENCE a. RECEIVE AUGUST 18. 1999 LETTER FROM MS. TAMARA J. PESTANA. OF SEWERS 4 LESS. INC.. CONCERNING RELOCATION OF SEWER LATERAL FOR 631 NORTHGATE ROAD. WALNUT CREEK: AND RECEIVE STAFF RESPONSE Mr. Batts, General Manager, stated that this has been a long and difficult issue. Mr. Curt Swanson, Provisional Environmental Services Division Manager, met with the parties and worked out a settlement. Sewers 4 Less will begin this weekend to replace the lateral in the correct easement. Following discussion of the responsibility of the contractor and the property owners, Mr. Batts stated that Sewers 4 Less has indicated they will replace the lateral. The District will not require them to get a new permit. The parties, including the District, are contributing towards the costs. The Board noted receipt of the August 18, 1999 letter from Ms. Tamara J. Pestana, of Sewers 4 less, Inc., concerning relocation of sewer lateral for 631 Northgate Road, Walnut Creek. 10. APPROVAL OF MINUTES a. MINUTES OF AUGUST 5. 1999 It was moved by Member Boneysteele and seconded by Member Nejedly, that the minutes of August 5, 1999 be approved as presented. There being no objection, the motion was approved with Member Hockett being absent. 11. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED SEPTEMBER 2. 1999 Member Boneysteele, Chair of the Budget and Finance Committee, stated that he and President Lucey reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded by President Lucey, that the Expenditure List dated September 2, 1999, including Self Insurance Check Nos. 101559- 101562, Running Expense Check Nos. 119909-120146, and Sewer Construction Check Nos. 21433-21480, be approved as recommended. There being no objection, the motion was approved with Member Hockett being absent. 12. BUDGET AND FINANCE a. REVIEW AND APPROVE THE STATEMENT OF INVESTMENT POLICY Mr. Batts, General Manager, stated that no changes are recommended to the District's Statement of Investment Policy. It is recommended that the Board renew the Statement of Investment Policy. It was moved by Member Boneysteele and seconded by President Lucey, that the Central Contra Costa Sanitary District Statement of Investment Policy be approved. Motion approved with Member Hockett being absent. b. RECEIVE JULY 1999 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance for the month of July 1999, noting that expenditures were $444,000 less than budget, representing a 15.5 percent favorable variance. Revenues of $1,459,000 were on budget. 09 02 99 149 Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills and Treasury notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 4.52 percent to 5.9 percent. The latest interest rate as of May 1999 was 4.6 percent. The average yield of the LAIF account through June 1999 was 5.09 percent. President Lucey declared that the July 1999 Financial Statements were duly received. 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 14. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Menesini requested an update on the Laboratory Project. 1 5. CLOSED SESSION a. SIGNIFICANT EXPOSURE TO LITIGATION - ONE POTENTIAL MATTER This closed session was not held. 16. REPORT OF DISCUSSIONS IN CLOSED SESSION None 17. ADJOURNMENT There being no further business to come before the Board, President Lucey adjourned the meeting at the hour of 4:34 p.m. /' President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 09 02 99