Loading...
HomeMy WebLinkAboutBOARD MINUTES 12-03-98 266 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 3, 1998 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 December 3, 1998. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Lucey, Menesini, Hockett, Boneysteele, Nejedly ABSENT: Members: None 2. PUBLIC COMMENTS Ms. Joan Lindroth, 11 Lost Valley Drive, Orinda, addressed the Board relative to soil movement on her property. Ms. Lindroth distributed and read a letter describing the situation. Ms. Lindroth requested copies of the soils test and all other related tests done by the District on her property. Mr. Lindroth further requested that her home and yard be restored. The Board indicated that in accordance with state law, the Board is prohibited from discussing items not calendared on the agenda. The Board directed staff to calendar Ms. Lindroth's letter on the next Board Meeting agenda. That Board Meeting will be held at 2:00 p.m. on Thursday, December 17, 1998. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that from Ms. Lindroth's letter it appears that this matter might be an appropriate subject for the Board to discuss in closed session. Ms. Lindroth was advised that the matter would be taken out of order early in the agenda at the December 17 Board Meeting if possible. Member Boneysteele stated that he will be having some minor surgery on Wednesday, December 16, 1998 and may be unable to attend the December 17, 1998 Board Meeting. 3. CONSENT CALENDAR Following discussion, it was moved by Member Menesini and seconded by Member Boneysteele, that the Consent Calendar consisting of Items a. through d. be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 98-156 accepting work and Offers of Dedication from Blackpointe Homes, Inc., Job 5072, Parcel 1, Subdivision 7477, Diablo Road at Hill Road, Danville area, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Boneysteele, Lucey, Hockett, Nejedly None None b. Resolution No. 98-157 accepting work and Offers of Dedication from Noam Molad, Job 5154, Parcel 2, M.S. 501-95, Lorinda Lane, Lafayette area, was adopted and recording was authorized. 12 03 98 267 Motion unanimously approved on the following vote: AYES: Members: Menesini, Boneysteele, Lucey, Hockett, Nejedly NOES: Members: None ABSENT: Members: None c. Quitclaim Deed to Weylin G. Eng and Roselyn M. Eng, Trustees of the Kats Family Trust, dated March 17, 1987, and the associated Termination of Agreement Relating to Real Property were approved; the President of the Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed and Termination of Agreement Relating to Real Property with the County Recorder; and Resolution Nos. 98- 158 and 98-159 were adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Menesini, Boneysteele, Lucey, Hockett, Nejedly NOES: Members: None ABSENT: Members: None d. The attendance of Mr. Ba T. Than, Associate Engineer, at the Underground Construction Technology conference in Houston, Texas, at a total cost of $1,500, was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Boneysteele, Lucey, Hockett, Nejedly None None 4. HEARINGS a. CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AN ORDINANCE TO AMEND THE DISTRICT CODE. ADDING CHAPTER 6.38. RECYCLED WATER CHARGES At 2: 13 p.m., President Nejedly opened the public hearing to receive and consider comments from the public regarding a proposed ordinance to amend the District Code adding Chapter 6.38, Recycled Water. Mr. Dolan, General Manager-Chief Engineer, stated that this proposed addition to the District Code is in response to a change in the law. A quick overview of this item was given at the last Board Meeting. Mr. Dolan introduced Ms. Lynne Putnam, Senior Engineer, who provided an overview of the proposed ordinance establishing a structure for recycled water rates. Ms. Putnam stated that the proposed recycled water charges balance the District's cost recovery with the lowest possible rates. Operations and maintenance (O&M) costs are recovered every year. Capital costs will be recovered over a maximum of 30 years. The proposed recycled water charges are based on an estimate of customer demands from current water use and landscape type using a sophisticated computer model. The declining block rate structure was developed in consultation with the Board three or four years ago in workshop sessions. The proposed charges are based on an average year use with a volume only charge for canal and well users. There will be an. additional system isolation charge for potable users. Ms. Putnam stated that this declining block rate fairly distributes the costs to all customers. The proposed recycled water rates under discussion at this public hearing are for customers in the Pleasant Hill zone only. Customers in the Lamorinda (East Bay Municipal Utility District) project area 12 03 98 268 will be charged by agreement. In response to a question from Member Lucey, Ms. Putnam stated that the proposed Lamorinda recycled water rates will reimburse Central Contra Costa Sanitary District for the O&M expense and for the capital cost of production and transmission. East Bay Municipal Utility District (EBMUD) plans to pay the capital cost associated with the local storage and distribution system. Discussion followed with regard to incentive for the EBMUD customers to use recycled water as opposed to potable water, and the extent of the system isolation required. There being no comments from the public, President Nejedly closed the public hearing at the hour of 2:25 p.m. It was moved by Member Hockett and seconded by Member Menesini, that Ordinance No. 2Q.9 be adopted, amending the District Code to add Chapter 6.38, Recycled Water Charges. Motion unanimously approved on the following vote: AYES: Members: Hockett, Menesini, Lucey, Boneysteele, Nejedly NOES: Members: None ABSENT: Members: None 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 6. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. William E. Brennan, Capital Projects Division Manager, who provided an update on the Martinez East Side Sewer Improvement Project. Mr. Brennan stated that the project includes the installation of 3,350 feet of 24-inch sewer by microtunneling and 13,700 feet of 8-inch and 15-inch sewer by open cut and directional drilling methods. The project also includes 99 manholes and 253 laterals. The overall project budget is $9 million. The construction contract in the amount of $5.5 million was awarded to McGuire and Hester. Mr. Brennan stated that this is a joint project with the City of Martinez. To reduce traffic impacts, the construction of microtunneling pits and all open cut work in downtown Martinez is being done between the hours of 5:30 p.m. and 5:00 a.m. Mr. Brennan stated that an earlier portion of work was awarded as a separate project. It was also a joint project with the City of Martinez and involved underground work and street paving. The value of the District's portion of that project was $400,000. The contractor is Bay City Paving. The underground work, the District's portion of that project, is 90 percent complete. Mr. Brennan showed overheads depicting the sewer construction work. Mr. Brennan stated that the tunneling is going relatively well at the moment. Nada Pacific is the subcontractor on this project. Nada Pacific was one of the subcontractors prequalified for this type work. The major microtunneling problems that were encountered by Nada Pacific on the South Orinda Sewer Improvement Project had not occurred prior to award of this project. The next District microtunneling contract will not be awarded until the next construction period. Staff is prioritizing those project now. Mr. Brennan reviewed the staffing for the Martinez East Side project indicating that the District has three inspectors, one assistant resident engineer, and one resident engineer on the project. Nada Pacific is working 24 hours a day, six days a week. Any water from the pits is pumped to a 12 03 98 269 holding tank, then to a three compartment settling tank, and finally to a water truck. The overflow from the holding tank goes to the contractor's pit. Any excess water is hauled via water truck to the contractor's site and centrifuge solids are hauled to the District's property known as the Kiewit parcel and disposed of there. The District will have a full-time person on site during off hours to deal with site runoff. The Regional Water Quality Control Board (RWQCB) inspector has visited the job site on several occasions. Staff has tried to address the RWQCB inspector's concerns by ensuring that the site is kept clean and all mud and water is kept from getting into the storm drain. This is a vital concern of District staff and District staff is making it a concern of the contractor. District staff does not want to have the same problems that have occurred on the South Orinda Sewer Improvement Project. Mr. Brennan showed pictures and reviewed the excavations underway. In response to a question from Member Menesini, Mr. Brennan stated that the project completion date is September 23, 1999. District staff is in contact with Martinez City staff. They are pleased with the coordination between the District and the City. Mr. Brennan indicated that he would contact Ms. Marcia Raines, Martinez City Manager, with regard to presenting an interim report at an appropriate milestone in the project. 2) Mr. Dolan, General Manager-Chief Engineer, stated that the next round of discharge standards will be developed in a process that has as one of its components the setting of Total Maximum Daily Loads (TMDLs) of various contaminants for water bodies having "impaired quality." These loads will be apportioned among the various sources including municipal dischargers. Ultimately, these standards will affect capital and operating expense. For this reason, conducting this regulatory process fairly and evenhandedly is very much in the interest of the public we serve. There is some concern on the part of the California Association of Sanitation Agencies (CASA) that an even-handed process is not happening. Mr. Dolan introduced Mr. Charles W. Batts, Director of Engineering, who stated that the Clean Water Act sets the regulatory scheme around which our permit process revolves. The Clean Water Act has a history of 25 years of water quality improvement. Its goal was to make the nation's waters fishable and swimmable. The Act is broken down into six Titles: Title I, Research and Related Programs; Title II, Grants for Construction of Treatment Works; Title III, Standards and Enforcement; Title IV, Permits and Licenses; Title V, General Provisions; and Title VI, State Water Pollution Control Revolving Funds. Congress sets the "intent" in the text of the Act and the Environmental Protection Agency (EPA) interprets how that "intent" is carried out by means of regulations. It is the interpretation of EPA guideline documents and policies as reflected by the regulatory process that is being called into question here. To provide a framework for the current issue, Mr. Batts provided some history on the Clean Water Act regulatory scheme as follows. The Clean Water Act: . Is aimed primarily at "point" sources; . Is based on best available technology (BAT); . Requires secondary treatment for publicly owned treatment works (POTWs) ; . Where technology fails, water quality based effluent limits (WQBELs) will be set; and . "Fails" is defined as the inability to achieve designated beneficial use or the water quality criteria to protect that use. 12 03 98 270 12 Mr. Batts stated that this regulatory scheme was designed to correct "point" discharge problems, attain "beneficial" uses for each water body, establish water quality standards to protect "use," modify effluent limits, list "impaired" water bodies, prioritize the impaired water bodies list and establish loadings of pollutant (TMDLs), set TMDLs for maximum loading plus a margin of safety, establish waste load allocations, and incorporate waste load allocations into National Pollutant Discharge Elimination System (NPDES) permits. State reports and analyses of all impaired water bodies as to costs and impact to achieve beneficial uses are submitted from the EPA to Congress for action. Issues of interest to dischargers include designating beneficial uses, setting water quality standards, evaluating water bodies, applying water quality standards, listing water bodies on the impaired water bodies list (303(d) List), performing TMDLs, and waste load allocations forced by the courts rather than science. Mr. Batts reviewed an example showing the levels of copper in the bay and its sources from 1973 through the present. Discussion followed with regard to criteria for the various dischargers or sources of pollutants, the water body criteria used in establishing standards, and the work done by the eight state task forces with regard to the Inland Surface Waters and Enclosed Bays and Estuaries Plans. Mr. Kenton L. Aim, Counsel for the District, stated that under the Clean Water Act there is quite a bit of latitude on how to assess whether a water body is impaired. Many lawyers believe the process now being used to determine whether water bodies are impaired is flawed and could be set aside on legal grounds. The guideline documents and policies can be argued not to correspond to the Act. However, there is another side to this issue. There are 20 to 30 states where environmental groups and others have sued the state for not publishing a 303(d) 1 A List (Impaired Water Bodies List) and not setting TMDLs. The California Association of Sanitation Agencies (CASA) decided to take action with regard to joining a piece of litigation filed by the Sacramento Regional County Sanitation District (SRCSD). Mr. Aim briefly recapped the litigation, stating that the SRCSD lawsuit alleges that the State Water Resources Control Board's adoption of the 1998 Impaired Water Bodies List as required by the Clean Water Act violated state law requirements under the California Porter-Cologne Water Quality Control Act, the California Environmental Quality Act, and the California Administrative Procedures Act. Mr. Aim indicated that the lawsuit is based primarily on procedural grounds and attempts to set aside the State's promulgation of the List of Impaired Water Bodies. Mr. Aim stated that even if one were to prevail in this litigation, it is only half a loaf since there would still be the list promulgated by the Federal Environmental Protection Agency (EPA). Sixty days notice has been sent to the EPA, and it is likely that sixty days from now CASA will join the lawsuit. Mr. Aim briefly discussed various strategies relating to the lawsuit and promulgation of the Impaired Water Bodies List. Mr. Dolan stated CASA member agencies do not think that the List of Impaired Water Bodies was prepared correctly. If the List is not done correctly, it could be very costly to comply and would result in little improvement in water quality. CASA is getting ready to file a lawsuit. The wastewater industry was moving in a direction of trying to support this watershed based water quality based planning movement, but the method selected by the regulators does not bring in non-point source dischargers. Member Boneysteele raised the issue of perceived retaliation against those filing the lawsuit and discussion followed with regard to the feeling by some agencies that as a result of past acquiescence they did not receive the professional courtesy they would expect. 03 98 b. c. 271 Mr. Dolan stated that staff will keep the Board informed on any new developments. 3) Mr. Dolan, General Manager-Chief Engineer, announced that the District is advertising for the Plant Roadway Paving Project. The engineer's estimate for this work is $75,000. The District is also advertising for a project to replace the battery backup for emergency switching in seven substations. The engineer's estimate for this work is $135,000. 4) Mr. Dolan, General Manager-Chief Engineer, announced that he met with the Laboratory Design Project Team to review the space plans and concluded that the area in the proposed laboratory will be adequate. If new or additional functions must be performed in the future, the laboratory could easily be expanded. The proposed laboratory has a 40 percent increase in gross area and an 80 percent increase in analytical area over the current lab. Efficient design concepts are being incorporated to make work processes easier. 5) Mr. Dolan, General Manager-Chief Engineer, announced that the Regional Water Quality Control Board (RWQCB) has had second thoughts about using the $55,000 Administrative Civil Liability resulting from the Orinda Crossroads Pumping Station failure for a Pumping Station Reliability Criteria Environmental Enhancement Project. The RWQCB has now proposed an alternative Environmental Enhancement Project, a Creek Bank and Bottom Stabilization Project on Las Trampas Creek. This project could be beneficial to the District. If the Board has no objection, staff will work with the RWQCB to identify a project along those lines. The Board voiced no objection. 6) Mr. Dolan, General Manager-Chief Engineer, announced that the Board of Equalization has proposed an alternative way for evaluating changes in ad valorem taxes. According to the California Special Districts Association (CSDA), this change could have an impact of as much as 17 percent reduction in ad valorem tax revenue to special districts. This could be as much as $750,000 to the District. Staff just received word of this from CSDA and is looking into it. If appropriate and if the Board has no objection, a letter could be drafted for the President's signature. Following discussion and caution that staff should fully explore the issue, it was the consensus of the Board a letter opposing this proposal be drafted. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT 1 ) Ms. Joyce E. Murphy, Secretary of the District, reviewed the draft 1999 Board Calendar. Following discussion, it was the consensus of the Board that the January 21, 1999 Board Meeting be canceled because of a conflict with the California Association of Sanitation Agencies (CASA) Conference, and that the Board meet on the regular meetings dates of August 5 and August 19, 1999. 2) Ms. Murphy, Secretary of the District, distributed and requested Board consideration of a proposed revision to the District position paper format. The principal change is elimination of the tables or boxes to facilitate word processing as opposed to typing. The Board agreed to the proposed change in position paper format. The new format will be used beginning with the January 7, 1999 Board Meeting. 12 03 98 272 d. BOARD MEMBERS 1 ) Member Lucey announced that the District Holiday Party will be on Saturday, December 5, 1998. BREAK President Nejedly declared a recess at the hour of 3:52 p.m., reconvening at the hour of 4:06 p.m. with all parties present as previously designated. 7. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL WILLIS & ASSOCIATES. ARCHITECTS. FOR THE DESIGN OF THE LABORATORY IMPROVEMENTS PROJECT. DP 7172 Mr. Dolan, General Manager-Chief Engineer, stated that he had previously reported that the space in the proposed laboratory appears to be adequate. A very thorough presentation on this project was made at the last Board Meeting. Staff recommends approval at this time. Following discussion of minority business enterprise, it was moved by Member Hockett and seconded by Member Menesini, that the General Manager-Chief Engineer be authorized to execute a professional services agreement with Michael Willis & Associates, for design of the Laboratory Improvements Project, DP 7172. There being no objection, the motion was unanimously approved. b. CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD) FOR PROPERTIES ON BARBEE LANE IN ALAMO FOR INSTALLATION OF SEWER IMPROVEMENTS: ADOPT RESOLUTIONS OF INTENTION TO UNDERTAKE A DEMONSTRATION PROJECT. FOR APPROVAL OF THE BOUNDARY. AND REQUESTING CONSENT OF CONTRA COSTA COUNTY FOR CENTRAL CONTRA COSTA SANITARY DISTRICT TO CONDUCT PROCEEDINGS FOR BARBEE LANE. CAD NO. 98-5 Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Hockett and seconded by Member Menesini, that formation of a Contractual Assessment District (CAD) consisting of up to seven properties on Barbee Lane in Alamo be approved; that Resolution No. 98-160, a resolution of intention to undertake a demonstration project designated Barbee Lane CAD No. 98-5 for the purpose of installing sewer improvements, be adopted; that Resolution No. 98-161, a resolution approving the boundary of the assessment district, be adopted; and that Resolution No. 98-162, a resolution requesting consent from Contra Costa County for the CCCSD to conduct proceedings for Barbee Lane CAD No. 98-5, be adopted. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Menesini, Lucey, Boneysteele, Nejedly None None In response to a question from Member Lucey, Environmental Services Division Manager Jay S. McCoy stated that with approval of Barbee Lane CAD No. 98-5, the District has committed $850,000 to CAD projects. 12 03 98 273 8. HUMAN RESOURCES a. ORAL REPORT ON STATUS OF GENERAL MANAGER RECRUITMENT: OPPORTUNITY FOR BOARD OR HUMAN RESOURCES TO PROVIDE DIRECTION AS APPROPRIA TE Ms. Cathryn Freitas, Human Resources Manager, reported that Mr. John Shannon, of Shannon Associates, will complete his interviews of the top 16 candidates tomorrow, December 4, 1998. Mr. Shannon will prepare his report and overnight mail it to the Board Members' homes by Tuesday, December 8, 1998. An Adjourned Regular Board Meeting has been scheduled for Friday, December 11, 1998 for the Board to consider the report and to review the applications. An Adjourned Regular Board Meeting has been scheduled for January 8, 1999 for interview of candidates for the General Manager position. Discussion followed relative to revising the General Manager-Chief Engineer class description to conform to the candidate profile being used in the recruitment. It was agreed that the class description will be revised prior to appointment of the General Manager. 9. CORRESPONDENCE a. NOTE RECEIPT OF LETTER FROM THE CONTRA COSTA COUNTY OFFICE OF THE SHERIFF COMMENDING AND THANKING MR. TED SMITH. PLANT OPERATIONS SUPERINTENDENT. AND MR. DAVID CLOVIS. SAFETY AND RISK MANAGER. FOR THEIR COOPERATION IN WORKING WITH THE SHERIFF'S OFFICE ON NOVEMBER 4. 1998 IN THE COMMON GOAL OF PUBLIC SAFETY Mr. Dolan, General Manager-Chief Engineer, stated that this letter from the Contra Costa County Office of the Sheriff commending and thanking Mr. Ted Smith, Plant Operations Superintendent, and Mr. David Clovis, Safety and Risk Manager, for their cooperation in assisting with the safe detonation of eight sticks of leaking dynamite left at the Pacheco Fire Station, was provided for the Board's information. The Board had previously been advised of the situation. It was moved by Member Menesini and seconded by Member Boneysteele, that staff be commended for their immediate action. There being no objection, the motion was unanimously approved. 10. APPROVAL OF MINUTES a. MINUTES OF NOVEMBER 5. 1998 It was moved by Member Menesini and seconded by Member Hockett, that the minutes of November 5, 1998, be approved as presented. There being no objection, the motion was unanimously approved. 11. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED DECEMBER 3. 1998 It was moved by Member Boneysteele and seconded by President Nejedly, that the Expenditure List dated December 3, 1998, including Self-Insurance Check Nos. 101495- 101496, Running Expense Check Nos. 114559-114760, and Sewer Construction Check Nos. 20506-20551, be approved as recommended. There being no objection, the motion was unanimously approved. 12 03 98 274 12. BUDGET AND FINANCE a. RECEIVE OCTOBER 1998 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance expenses for the month of October 1998, noting that expenditures were $28,000 more than budget, representing a 1.1 percent unfavorable variance. Year to date expenditures were $909,000 less than budget, representing an 8.6 percent favorable variance. Revenues of $1 .7 million were $111,000 greater than budget, representing a 6.8 percent favorable variance. 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 4.649 percent to 6.453 percent. The latest interest rate as of September 1998 was 4.649 percent. The average yield of the LAIF account through September 1998 was 5.639 percent. Following discussion of the under expenditure in chemicals, President Nejedly declared that the October 1998 Financial Statements were duly received. 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 14. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Menesini requested that the Board receive additional information relative to the Environmental Protection Agency (EPA) Impaired Water Bodies issue. Mr. Dolan, General Manager-Chief Engineer, indicated that this matter will be discussed at the January California Association of Sanitation Agencies (CASA) Conference. If there are any major developments before the CASA meeting, staff will provide an update to the Board. Member Boneysteele announced that he may be unable to attend the December 17, 1998 Board Meeting as he will be having minor surgery the day before. 15. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The title of the litigation discussed was CCCSD v. Orinda Moraga Disposal Service, Inc., et ai, Contra Costa County Superior Court No. C96-00562. b. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District, on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. At 4:25 p.m., President Nejedly declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(a) and (b). At 5: 17 p.m., President Nejedly concluded the closed session and reconvened the meeting into open session. 16. REPORT OF DISCUSSIONS IN CLOSED SESSION Mr. Kenton L. Aim, Counsel for the District, stated that no decisions were made or votes taken in closed session which require reporting at this time. 12 03 98 ~ 275 17. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at the hour of 5: 18 p.m. to reconvene at 9:00 a.m. on Friday, December 11, 1998 for an Adjourned Regular Board Meeting to review applications for the General Manager position in closed session. President of the Board of Di ctors, Central Contra Costa Sanit ry District, County of Contra Costa, State of California COUNTERSIGNED: Se re a of the Cent al ont Costa San ry District, County of Contra Costa, State of California 12 03 98