HomeMy WebLinkAboutAGENDA BACKUP 10-21-99
Central Contra Costa Sarlitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 21, 1 999
No.:4.a. CONSENT CALENDAR
Type of Action: ACCEPT GRANT OF EASEMENT
Subject: APPROVE AN EASEMENT MODIFICATION AGREEMENT, THEREBY ACCEPTING
AN EASEMENT FROM PACIFIC GAS AND ELECTRIC COMPANY IN CONNECTION WITH
THE ORINDA/MORAGA PUMPING STATION RELIABILITY IMPROVEMENTS PROJECT,
DISTRICT PROJECT NO. 5237
Submitted By:
Ricardo Hernandez
Engineering Assistant
Initiating Dept./Div. :
Engineering Dept./Capital Projects Div.
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
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W. Brennan
A. Farrell
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ISSUE: Board approval is required for the District to accept a Grant of Easement.
BACKGROUND: The subject easement modification is needed to accommodate upgrades to
the Acacia Pump Station in Orinda (map attached). The upgrades, consisting primarily of a
new diesel operated standby generator, required enlarging the area of the existing easement
granted to the District in 1972 by Pacific Gas and Electric Company (PG&E) for the original
pump installation. Staff has negotiated with PG&E an agreement which basically increases
the land area of that original easement.
The cost for the additional easement area is $1,000. Funds for the purchase of right of way
were included in the authorized Orinda/Moraga Pumping Station Reliability Improvements
Project, DP 5237. Upgrades to the Acacia Pump Station are a sub-program of the
Orinda/Moraga Pumping Station Reliability Improvements Project.
Staff concluded that this easement acquisition is exempt from the California Environmental
Quality Act (CEQA) under District CEQA Guidelines Section 18.6, since it involves a minor
alteration in land use limitations. Approval of this Easement Modification Agreement will
establish the Board of Directors' independent finding that this transaction is exempt from
CEQA.
RECOMMENDATION: Approve an Easement Modification Agreement with Pacific Gas and
Electric Company, authorize the President of the Board of Directors and the Secretary of the
District to sign the Agreement, and authorize staff to record the Agreement with the County
Recorder.
10/6/99
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P.G.&E.
ADDITIONAL
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 21, 1 999
No.:7.a. ADMINISTRATIVE
Type of Action: AMEND CONFLICT OF INTEREST CODE
Subject: ADOPT A RESOLUTION AMENDING EXHIBIT A, DESIGNATED POSITIONS AND
DISCLOSURE CATEGORIES OF THE DISTRICT CONFLICT OF INTEREST CODE
Submitted By:
Joyce E. Murphy
Secretary of the District
Initiating Dept./Div. :
Administrative
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
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ISSUE: A need exists to update Exhibit A, Designated Positions and Disclosure
Categories of the District's Conflict of Interest Code.
BACKGROUND: The Political Reform Act of 1974 and the Central Contra Costa Sanitary
District Conflict of Interest Code require that the Board of Directors adopt a list of
designated positions of officers and employees who make, or participate in making,
decisions that could have a material effect on a personal financial interest, if these
functions are performed without significant intervening substantive review. It has been
the practice of the District to review the designated positions on an annual basis.
With the various changes in management and organizational structure which have
occurred during the past year, it was decided that it would be beneficial to review the
philosophy of the conflict of interest provisions under the Political Reform Act of 1974 and
their application to the District organizational structure to ensure that the District Conflict
of Interest Code carries out the intent of the law. In the review of the law and its
application to the designated positions set forth in the District Conflict of Interest Code,
it was concluded that a number of positions included on the list do not meet the threshold
criteria of having the reasonable potential to materially affect private economic interests
through the exercise of the duties of the positions. In several cases, the employees
receive ongoing supervision and review of the functions performed in which a conflict of
interest could potentially occur. In such positions, there is little opportunity for the
employee to individually exercise any discretion on matters concerning private economic
interests, and therefore, these positions and individuals should not be included on the list
of designated positions.
10/6/99
Page 1 of 5
POSITION PAPER
Board Meeting Date: October 21, 1 999
Subject: ADOPT A RESOLUTION AMENDING EXHIBIT A, DESIGNATED POSITIONS AND
DISCLOSURE CATEGORIES OF THE DISTRICT CONFLICT OF INTEREST CODE
It is proposed that Exhibit A, Designated Positions and Disclosure Categories of the District
Conflict of Interest Code, be amended to reflect creation of new positions, deletion of
positions, relevant changes in the duties assigned to existing positions, and the level of
review of position functions in which a conflict of interest might exist. It is recommended
that the positions of Real Property Specialist, Permit and Services Technician, and
Construction Inspector be deleted from the list of designated positions because they no
longer exist. It is recommended that the positions of Maintenance Reliability Engineer,
Associate Engineer, Survey Party Chief, Land Surveyor, Engineering Support Supervisor,
Collection System Inspection Supervisor, Source Control Inspector, Senior Source Control
Inspector, Source Control Program Superintendent, Pollution Prevention Program
Superintendent, Materials Coordinator III, and Accounting Supervisor be deleted from the
list of designated positions because the functions performed by these positions in which
a conflict of interest might exist receive substantiative review. It is further recommended
that the positions of Process Control Systems Engineer and General Manager-Chief
Engineer be deleted and that the positions of Process Control Engineer and General
Manager be added to reflect current job titles. Finally, it is recommended that the position
of Materials Services Supervisor be added to the list of designated positions because of
the position's purchasing responsibilities. These changes reflect the current organizational
structure of the District and the duties assigned to each position.
These proposed changes have been reviewed with the Board Personnel Committee and
are reflected in Exhibit A, Designated Positions and Disclosure Categories of the District
Conflict of Interest Code, submitted for the Board's approval. After approval by the
Board, the proposed amendment to Exhibit A of the District Conflict of Interest Code will
be submitted to the Board of Supervisors, the code reviewing body. The amendment
takes effect upon its approval by the Board of Supervisors.
RECOMMENDATION: Adopt the attached resolution amending Exhibit A, Designated
Positions and Disclosure Categories of the Central Contra Costa Sanitary District Conflict
of Interest Code and authorize the Secretary of the District to submit a copy of said code
amendment to the Contra Costa County Board of Supervisors for approval.
10/6/99
Page 2 of 5
RESOLUTION NO. 99-
A RESOLUTION AMENDING EXHIBIT A, DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES OF THE CENTRAL CONTRA COSTA SANITARY
DISTRICT CONFLICT OF INTEREST CODE
WHEREAS, Section 2.20.020 of the Central Contra Costa Sanitary District Code
provides that the Board of Directors shall from time to time establish by resolution
designated positions of officers and employees deemed to make, or participate in the
making of, decisions which may foreseeably have a material effect on a financial interest.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central
Contra Costa Sanitary District as follows:
THAT Exhibit A, Designated Positions and Disclosure Categories of the Central
Contra Costa Sanitary District Conflict of Interest Code, a copy of which is attached, is
hereby approved and adopted for the District, subject to approval by the Board of
Supervisors of the County of Contra Costa; and
THAT the Secretary of the District is hereby authorized and instructed to submit
a copy of such Code amendment to the Board of Supervisors of the County of Contra
Cosa and to request the Board of Supervisors to approve said Code amendment in
accordance with Government Code Section 87303.
PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of
Directors this 21 st day of October 1999 by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
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. Aim
District Counsel
Page 3 of 5
10/21/99
"EXHIBIT A"
DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
OF THE CENTRAL CONTRA COSTA SANlTARY DISTRICT
CONFLICT OF INTEREST CODE
Designated Positions
Disclosure Categories
1 .
2.
3.
4.
5.
6.
7.
O.
9.
10.
11 .
12.
13.
14.
15.
1 C.
17.
10.
19.
20.
21.
22.
23.
24.
25.
26.
?a:~
27.
28.
29.
30.
31.
32.
Secretary of the District
Counsel for the District
Manager
Consultant*
Senior Control Systems Engineer
Process Control Systems Engineer
Maintenal.ce neliability engineer
neal rroperty Specialist
Permit and Services Technician
Principal Engineer
Senior Engineer
Associate engineer
Survey rarty Chief
Management Information Systems Administrator
Land Surveyor
engineering Support Supervisor
Collection System Inspection Supervisor
Construction Inspector
Source Control Inspector
Senior Source Control Inspector
~ Source Control Program Superintendent
rollution rre v ention rrogran I Superintendent
Principal Buyer
Senior Buyer
Buyer
Materials Coordil,ator III
M?tid~I$.I$~mI.RI$.fmIfitm9f
Plant Operations Superintendent
Field Operations Superintendent
Plant Maintenance Superintendent
Laboratory Superintendent
Pumping Stations Superintendent
Accounting Supervisor
1,2,3,4,5,6,7,8
1,2,3,4,5,6,7,8
1,2,3,4,5,6,7,8
1,2,3,4,5,6,7,8
1,2,3,4,5,6,7,8
1,2,3,4,5,6,7,8
1,2,3,4,5,C,7,O
1,2,3,4,5,6,7,0
1,2,3,4,5,C,7,O
2,3,4,5,6,7,8
2,3,4,5,6,7,8
2,3,4,5,6,7,0
2,3,4,5,6,7,0
1,4,5,6,7,8
4,5,6,7,0
4,5,6,7,0
4,5,6,7,0
4,5,6,7,0
4,5,6,7,0
4,5,6,7,0
4,5,6,7,0
4,5,6,7,0
4,5,6,7,8
4,5,6,7,8
4,5,6,7,8
4,5,6,7,0
4.;UHI~:L;'1
4,5,6,7,8
4,5,6,7,8
4,5,6,7,8
4,5,6,7,8
4,5,6,7,8
4,5,C,7,O
Page 4 of 5
"EXHIBIT A" (Continued)
*
The category of Consultants shall be included on the list of designated employees
and those Consultants who fall within the criteria enumerated below shall disclose,
pursuant to the broadest disclosure category in the Code, subject to a
determination by the General Manager, that a less broad category is appropriate.
A particular Consultant shall be treated as a "designated position" to the extent that
the consultant (i) is either delegated specified decision-making authority or
functions as an officer or employee of the district, and Oi) the duties of the
Consultant can foreseeably materially affect private economic interests through the
exercise of his or her duties for the District. The General Manager shall make a
determination in writing when a particular Consultant falls within the above-
described criteria requiring the Consultant to be treated as a "designated position."
The General Manager's determination is a public record and shall be retained for
public inspection in the same manner and located as the Conflict of Interest Code.
Other Officials Who Manage Public Investments
In accordance with Government Code Section 87200, certain District officials are required
to disclose - upon assuming and leaving office, and annually while in office - their
investments, income, and interests in real property by way of Fair Political Practices
Commission (FPPC) Form 700, Statement of Economic Interests. Those positions
designated to file Form 700 are those "directing the investment of public monies,
formulating or approving investment policies, approving or establishing guidelines for asset
allocations, or approving investment transactions." It has been determined that the
positions listed below manage public investments and will file a Statement of Economic
Interests pursuant to Government Code Section 87200 (Form 700):
1 . Member, Board of Directors
2. General Manager Chief Cngineer
3. Director of Administration
4. Director of Engineering
5. Controller
Category Index
1 Investments
2 Interests in Real Property
3 Interests in Real Property and Investments Held by Business Entities or Trusts
4 Income (Other than Gifts of Loans)
5 Income (Loans)
6 Income (Gifts)
7 Business Positions
8 Commission Income, Income and Loans to Business Entities or Trusts and Income
from Rental Property
Page 5 of 5
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 21, 1999
No.: 8.a. ENGINEERING
TyP8 of Action: AUTHORIZE AGREEMENT
Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH THE
CONTRA COSTA COUNTRY CLUB FOR RETROFITTING THEIR IRRIGATION SYSTEM TO
ALLOW MAXIMUM USE OF RECYCLED WATER
Submitted By:
James Coe, Associate Engineer
Initiating Dept./Dlv. :
Engineering/Environmental Services
REVIEWED AND RECOMe:KJ;DR BOARD ACTION,
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OL...tb'
If'\ General Manager
ISSUE: Board authorization is required for agreements costing the District more than
$50,000.
BACKGROUND: On November 4, 1996, the District entered into the "Agreement for
Delivery and Use of Recycled Water" (Delivery Agreement) with the Contra Costa Country
Club (Club). The Delivery Agreement was required as a condition for the District receiving
a State funded 2.6% interest loan for the amount of $2.9 million. As a result, the
District's recycled water pipeline has been extended to the Club's irrigation pond and the
Club has begun blending recycled water into their pond with canal water.
As a condition of the Delivery Agreement, the Club agreed to use a minimum of 173 acre
feet per year of recycled water if the water quality was acceptable for their landscaping.
The Club's turf consultant, Dr. Ali Haravandi, expressed concerns over the use of recycled
water on the greens, which can be sensitive to slight increases in salt. Consequently, Dr.
Haravandi recommended the Club use only 100 acre feet per year (about 1/3 of their total
potential demand) of recycled water blended into their pond with about 225 acre feet per
year of canal water.
Dr. Haravandi recommended that if the greens could be separately irrigated with canal
water, the Club would be able to use up to 300 acre feet per year of recycled water on
the fairways. With a separate greens irrigation system in place, the District could realize
a potential increase in revenue of about $65,000 per year based on current recycled water
rates.
In recognition of increased recycled water usage by separating the greens, the 1996
Delivery Agreement with the Club included terms whereby the District was required to
propose a separate Greens Irrigation System Retrofit Agreement (Retrofit Agreement) to
the Club. Under the terms previously expressed in the Delivery Agreement, the District
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POSITION PAPER
Board M88ting Date: October 21, 1999
Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH THE
CONTRA COSTA COUNTRY CLUB FOR RETROFITTING THEIR IRRIGATION SYSTEM TO
MAXIMIZE USE OF RECYCLED WATER
agreed to pay for one half of the greens retrofit cost and loan the remaining half to the
Club to be repaid through recycled water surcharges imposed on the Club over a 1 5 year
period.
The Club has recently procured a design and cost estimate for an entirely new irrigation
system including a separate irrigation system for the greens. The separate greens
irrigation system is estimated to cost approximately $420,000 including pump station,
electrical service, controls, and piping.
The District and the Club have negotiated a revised Retrofit Agreement, which includes
the following terms:
. the District will pay the Club $200,000 toward the cost of separating the greens
when the project is completed and operational,
. the Club will finance the remainder of the greens separation project without the
need for a loan from the District,
. the Club will design and manage the construction of the greens irrigation system,
. the Club will agree to use a minimum of 173 acre feet per year of recycled water,
. the existing Delivery Agreement will be extended an additional 10 years for a total
of 20 years,
. the Club will have the option to shorten the term of the Retrofit Agreement to 10
years by using a minimum of 273 acre feet per year,
. the Club may not arbitrarily stop using recycled water at any time during the term
of the Retrofit Agreement,
. the cost of the recycled water will be based on the District's standard rate
structure and will always be at least 20% lower cost than canal water.
RECOMMENDATION: Authorize the General Manager to execute an agreement with the
Contra Costa Country Club at a cost not to exceed $200,000 for retrofitting their
irrigation system to allow maximum use of recycled water.
10/13/99
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