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Home My WebLink AboutAGENDA BACKUP 03-04-99 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 4, 1999 No.: 3. b. CONSENT CAL ENDAR Date: February 22, 1999 Type of Action: ACCEPT ANNEXATION FOR PROCESSING Subject: AUTHORIZATION FOR P.A. 99-4 (WALNUT CREEK), P.A. 99-5 (ORINDA), P.A. 99-6 (ALAMO), AND P.A. 99-7 (ALAMO) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT Submitted By: Dennis Hall, Associate Engineer Initiating Dept./Div. : Engineering Dept./Environmental Services Division WGrPH DH &;tJ f JSM 4- GM-CE REVIEWED AND RECOMMENDED FOR BOARD AC Parcel Owners/Address Lead No. Area Parcel No. & Acreage Remarks Agency 99-4 Walnut A.V. Galvan and Existing house with a CCCSD Creek A.F. Sorenson failing septic system; (50C7) 701 North Gate Road must connect to the Walnut Creek, CA public sewer system. 138-100-009 (1.00 Ac.) Project is exempt from CEOA. C.H. Lundberg Existing house with a 50 Meeks Lane failing septic system; Oakley, CA 94561 must connect to the 138-100-010 and public sewer system. 1 38-1 00-011 Project is exempt from 0.97 Ac. And 0.91 Ac. CEOA. 99-5 Orinda Dieter & Norma Scholz Owner plans to CCCSD (69B4 & 5) 227 EI Toyanal construct one single- Orinda, Ca 94563 family home on site 265-130-004 (16.65 Ac.) and connect to the public sewer. Project is exempt from CEOA. U :\PPr\Hall\Accept Annexation. wpd Page 1 of 5 _._..____~,.'____'m.~.~_____.~~.,_'~____._""._..._,._.."-.~,--"",~~~--+.--.,-------- POSITION PAPER Date: February 22, 1999 Subject: AUTHORIZATION FOR P.A. 99-4 (WALNUT CREEK), P.A. 99-5 (ORINDA), P.A. 99-6 (ALAMO), AND P.A. 99-7 (ALAMO) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT Parcel Owners! Address Lead No. Area Parcel No. & Acreage Remarks Agency 99-6 Alamo Peter Palmer Existing house with a CCCSD (78D5) 201 Smith Road failing septic system; Alamo,CA 94507 must connect to the 196-061-014 (1.31 Ac.) public sewer system. Project is exempt from CEOA. 99-7 Alamo David Nethaway Existing house with a CCCSD (7805) 174 Marks Road failing septic system; Alamo, CA 94507 must connect to the 196-041-007 (1.31 Ac.) public sewer system. Project is exempt from CEOA. RECOMMENDATION: Authorize P.A. 99-4, 99-5, 99-6 and 99-7 to be included in future formal annexations. U:\PPr\Hall\Accept Annexation. wpd Page 2 of 5 ~ / .., "-. / /,\ ~~~', .' /\ " '. ~41. ) }~ , ~tJuc / '... / , / I / .."., . ./,'- OPEN 11:,. ~~ .:< ,,//1 SPACE I. I " / ...... I " I , \ - , I , ~ "+j .+' @ ---- ---~ ---- \ '" "- .J @1J53 fP/JIiJ .(j@ 1L~/JIiJ ~~ ~ ~ . LIJN08CRG 6850 O.R. 9/7 \P , \ .CALVAN 15638 OR. 6 ~@ EXISTING C.C.C.S.D. @ B~IARY ---r-- I I ?3J~3J ", .,.~~J ~, ", a::, . ..\, . l;\.... 763 765 f${jj}!E ~ N , , I I \ \ \ \ PROPOSED ANNEXATION P .A. 99-4 _.._._.,_.+,_.____,_~__..,,_~...___.__.~_M".""""_._'>.,...._,__.__.'.__._____..,~'__'_m_._>_'.._~_,_'_."~~_.."-~,._._.~__,..,~,.,_,..____~..___.__...,._._"_.. . , , . . I .' , ,- \ ,. Page 3 of 5 ~'A .....-"-----T- ~ -"-----.....--_-,,,..-----. , I ~ --- ,~~ , .-J ,~ - / ~~~;\~'--GONIBA-- //~/ , --1 ~O < COSTA ~ I- I I ~ \' ^, " " " " , " '" IUBI " " " " " " , ~ N , .. ... , I&T P.ROPOSED ANNEXATION, P .A. 99-5 1 Page 4 of 5 - ~ o:~ <:,~ fj~~: ,.l~r ......i CT ,/ I ".,.--\ ---- \ \ \ \ \ \ \ STONE VALlEY RD I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 0 I I I I I _J AD ~ 11 ~ @@ '\ PROPOSED ANNEXATION P.A. 99~6 & P.A.99-7 Page 5 of 5 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 4, 1999 Date: February 24, 1999 No.: 3. c. CONSENT CALENDAR Type of Action: ACCEPT CONTRACT/AUTHORIZE NOTICE OF COMPLETION Subject. ACCEPT CONTRACT WORK FOR THE SLUDGE BLENDING TANK OVERFLOW DRAIN REALIGNMENT PROJECT, DISTRICT PROJECT NO. 6123, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION Submitted By: James L. Belcher Initiating Dept./Div.: Plant Operations DepartmenUMaintenance REVIEWED AND RECOMMENDED FOR BOARD ACTION: ~ .tJ~ e r-_ JMK L Roger Dolan ISSUE: Construction has been completed on the Sludge Blending Tank Overflow Drain Realignment Project, District Project 6123, and the work is now ready for acceptance. BACKGROUND: This project rerouted the sludge blending storage tank and emergency storage tank overflow drains from the basement of the new Maintenance and Reliability Center (MRC) to the scrubber water pipe at the Solids Conditioning Building. The Board of Directors, at its meeting on August 17, 1998, authorized the award of a construction contract for this work in the amount of $63,764 to NV Heathorn, Inc., and allocated funds from the Treatment Plant Contingency Account. The contractor was issued a Notice to Proceed, which was effective November 1, 1998, with a required contract completion date of February 19,1999. The District took beneficial use on February 12,1999, with all work being completed on February 19, 1999. It is appropriate to accept the contract work at this time. The total authorized budget for this project is $100,000. An accounting of this project will be provided to the Board of Directors at close out. RECOMMENDATION: Accept contract work for the construction of the Sludge Blending Tank Overflow Drain Realignment Project, District Project 6123, and authorize the filing of the Notice of Completion. POD/Contracts/1998/6123/6123. pp Page 1 of 2 c en "0 IF u~ (l PROJECT SITE I II II II II II II II /I P P MAIN GATE o " ..., N <D -.:; '" oe /' ..., N <D /' c: o Ci. ~ Central Contra Costa Sanitary District !/ II II II II II II II II ;,7 ;I II ;I II ;I ;I II II II ;I II <0 '" co o 0> 0> 0> .e ~ ~u.. 0' -,,'" "0 N SLUDGE BLENDING TANK OVERFLOW DRAIN REALIGNMENT PROJECT DISTRICT PROJECT 6123 PROJECT LOCATION ATTACHMENT 1 Page 2 of 2 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 4, 1 999 No.: 3.d. CONSENT CALENDAR Type of Action: ACCEPT CONTRACT/AUTHORIZE NOTICE OF COMPLETION Date: February 8, 1999 Subject: ACCEPT CONTRACT WORK FOR THE LIME INJECTION SYSTEM IMPROVEMENTS PROJECT, DP 7169, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION Submitted By: Ron Klimczak, Senior Engineer Initiating Dept./Div. : Engineering/Capital Projects REV1EW~RECOMMEN~FOR BOA[) \ N, ~ GM-CE ISSUE: Construction has been completed on the Lime Injection System Improvements Project, DP 7169, and the work is now ready for acceptance. BACKGROUND: The completed Lime Injection System Improvements Project, District Project 7169, provides a permanent facility to inject lime slurry directly into the sludge dewatering process. The scope of this project included the construction of a lime containment pad, the installation of two large (10,000 gallon) lime slurry storage tanks, lime recirculation and injection piping and pumping systems, and associated instrumentation and electrical systems. These modifications to the lime process benefit the plant by minimizing the amount of lime required, thereby improving the sludge dewatering and furnace operations, as well as reducing operating costs. A second part of this overall project involved construction of the Centrate/Scrubber Water Improvements Project, District Project No. 7180, which was merged into the Lime Injection System Improvements Project to minimize District contract administrative expenses. The existing centrate/scrubber water pipe conveys centrate from the centrifuges and scrubber water from the furnace air pollution control train from the Solids Conditioning Building (SCB) to either the Headworks or to the inlet of the aeration tanks. The materials carried in the centrate/scrubber water pipe accumulate as sediment in the pipe sections, requiring periodic cleaning of the line. The sludge dewatering and incineration processes historically had to be shut down to accommodate this pipe cleaning work. The new bypass piping system installed under this part of the overall project now provides an alternative path for discharging centrate and scrubber water without interrupting normal operations for maintenance. (Refer to Attachment 1 for project L:\Position Papers\KLlMCZAK\ 7169Accept. wpd Page 1 of 3 POSITION PAPER Date: February 8, 1999 Subject: ACCEPT CONTRACT WORK FOR THE LIME INJECTION SYSTEM IMPROVEMENT PROJECT, DP 7169, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION locations.) Additional information can be found in the 1998-99 Capital Improvement Budget (CIB) on pages TP 22-24 (Centrate/Scrubber Water Improvements) and TP 28-30 (Lime Injection System Improvements). The Board of Directors authorized award of a construction contract in the amount of $889,937 to Kirkwood-Bly, Inc. of Santa Rosa, California on March 19, 1998. The contractor was issued a Notice to Proceed, effective May 4, 1998, with a contract completion date of January 28, 1999. The District received beneficial use of the Centrate/Scrubber Water Improvements portion of the project on November 30, 1998. The contractor achieved substantial completion of the Lime Injection System contract work within the required contract period, with the remaining work consisting of punch list items, which do not affect project acceptance. It is appropriate to accept the contract work at this time. The total authorized budget for the project is $1,448,000. An accounting of the project costs will be provided to the Board at the time of project close out. RECOMMENDATION: Accept the contract work for the construction of the Lime Injection System Improvements Project, DP 7169, and authorize the filing of the Notice of Completion. L:\Position Papers\KLlMCZAK\ 7169Accept. wpd Page 2 of 3 ~ N , 0 500 I I FEET z ~~ ~~ '"1':;..>. o Central Contra Costa Sanitary District LIME INJECTION SYSTEM IMPROVEMENTS PROJECT DISTRICT PROJECT 7169 PROJECT LOCATION ATTACHMENT 1 Page 3 of 3 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 4, 1999 Date: February 24, 1999 No.: 3.e. CONSENT CALENDAR Type of Action: AUTHORIZE ATTENDANCE AT OUT- OF-STATE MEETING Subject: AUTHORIZE THE ATTENDANCE OF THEA VASSALLO, ACCOUNTANT, AND MARK GREENAWALT, MIS ADMINISTRATOR, AT THE MAY 2-6, 1999 HTE ANNUAL USERS GROUP MEETING IN CHICAGO, IL , AT A COST OF $3,800 Submitted By: Debbie Ratcliff, Controller Initiating Dept./Div. : Administrative/Finance and Accounting REVIEWED AND RECOM~D FOR BOARD ACTION: /J/Lr ~ DR PM 4 ISSUE: Specific approval by the Board of Directors is required to travel outside of California or if the expense will exceed $500 if the activity was not included in the fiscal Operations and Maintenance Budget. BACKGROUND: HTE is the District's business software system. The HTE Users Group meets once a year. At the meeting, enhancements to the HTE family of applications are announced, demonstrated, and discussed; sessions are conducted on how to utilize the applications in a more effective manner; demonstrations of related new products and technologies are conducted; and training sessions are held. HTE also uses the conference to announce the strategic direction of the company, and it is a valuable opportunity to meet directly with the Florida based HTE staff. Also, this year issues surrounding the Year 2000 will be discussed. Last year's meeting was found to be extremely useful both in the day-to-day use of HTE applications and in planning for annual upgrades. Numerous sessions are held throughout the week. At this year's sessions, District staff plan to attend Enhancement Sessions conducted by HTE staff on new and planned features for all of the District's HTE applications including Payroll, Accounting, and Purchasing, Breakout Sessions where users network and discuss better ways to utilize HTE applications, Training Sessions, and finally Open Sessions which provide a direct forum with HTE staff to voice concerns and address issues. Also, since one area of great concern is the issue of Year 2000 compliancy for all the HTE applications, all sessions concerning the Year 2000 will be attended as well. S :\ADMIN\POSP APER\99HTEConference. wpd Page 1 of 2 POSITION PAPER Date: February 24, 1999 Subject: AUTHORIZE THE ATTENDANCE OF THEA VASSALLO, ACCOUNTANT, AND MARK GREENAWALT, MIS ADMINISTRATOR, AT THE MAY 2-6,1999 HTE ANNUAL USERS GROUP MEETING IN CHICAGO, ILLINOIS, AT A COST OF $3,800 One staff member, Colette Curtis-Brown, is budgeted to attend this out-of-state conference and will be attending. We are requesting authorization for two additional staff members, Thea Vassallo and Mark Greenawalt, to attend. While Colette attends the Payroll sessions and training, it is proposed that Thea will attend GMBA (General ledger) sessions and Mark will attend all sessions regarding the Year 2000, and related MIS issues. Expenses for Thea and Mark were not included in the 1998-99 budget. However, there are sufficient funds for Thea available in the Administrative Department's Technical Training, Meeting, and Conference budget to cover the cost of attending this meeting. Expenses for Mark are available from the Year 2000 Capital Project budget. RECOMMENDATION: Authorize the out-of-state travel for Thea Vassallo and Mark Greenawalt to attend the May 2-6, 1999 HTE Annual Users Group meeting in Chicago, Illinois, at a cost of $3,800. S :\ADMIN\POSP APER\99HTEConference. wpd Page 2 of 2 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 4, 1999 Date: February 24, 1999 No.: 5.a. BIDS AND AWARDS Type of Action: AUTHORIZE AWARD Subject: AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO VISTA UNIVERSAL, INC., AND AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $130,000 FROM THE TREATMENT PLANT CONTINGENCY ACCOUNT FOR THE TREATMENT PLANT LIGHT FIXTURE RETROFIT PROJECT, DISTRICT PROJECT 6136 Submitted By: Initiating Dept./Div.: James L. Belcher Plant Operations Department/Maintenance R~ AND RECOMMENDED FOR BOARD ACTION: ~ 9 JLO 1J~g F- Roger Dolan ISSUE: On February 19, 1999, sealed bids were received and opened for construction of the Treatment Plant Light Fixture Retrofit Project, District Project 6136. The Board of Directors must authorize award of the contract or reject bids within 60 days of the bid opening. Board authorization is required for contingency account allocations greater than $25,000. BACKGROUND: This project is part of the Success Sharing Task Force Review Committee's recommendation to relamp all the fixtures at the Treatment Plant and the Headquarters Office Building. In addition to reducing energy consumption and deferring future maintenance costs, this project will receive a rebate from Pacific Gas and Electric over five years. The Board of Directors approved this project in concept on October 1, 1998. The engineer's estimate for construction cost was $150,000. The project was advertised on February 9 and February 15, 1999. Two bids, ranging from a low of $110,262 to a high of $127,731, were received and publically opened on February 19, 1999. A summary of these bids is shown in Attachment 2. A commercial and technical evaluation of these bids was conducted, and staff has determined that Vista Universal, Inc., is the lowest responsible bidder with a bid amount of $110,262. An allocation of $130,000 from the Treatment Plant Contingency Account is required to complete this project, as shown in Attachment 3. The current total estimated project cost is $155,000, which is not included in the Fiscal Year 1998-99 Capital Improvement Budget. Staff has conducted a cash flow evaluation of the Sewer Construction Fund and concluded that adequate funds are available for this project. S:\Contracts\ 1999\6136\6136. pp. wpd Page 1 of 5 --_._._--------------------------_._----_._~-_._-_....--_.._--_._._._._.~.._--_..~_._-_.~----._---".- POSITION PAPER Date: February 24, 1999 Subject AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO VISTA UNIVERSAL, INC., AND AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $130,000 FROM THE TREATMENT PLANT CONTINGENCY ACCOUNT FOR THE TREATMENT PLANT LIGHT FIXTURE RETROFIT PROJECT, DISTRICT PROJECT 6136 Staff has also concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 18.2, since it involves minor alterations to existing sewage facilities with no increase in capacity. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDATION: Authorize award of a construction contract to Vista Universal, Inc., the lowest responsible bidder, in the amount of $110,262, and authorize the General Manager- Chief Engineer to allocate $130,000 from the Treatment Plant Contingency Account for the construction of the Treatment Plant Light Fixture Retrofit Project, DP 6136. S:\Contracts\ 1999\6136\6136. pp. wpd Page 2 of 5 / / / / / / / / / / / MAIN GATE o PROJECT SITES Central Contra Costa ~ Sanitary District 00 o Ol Ol Ol Ed; .~ ~ 0' .><"-' .., '" TREATMENT PLANT LIGHT FIXTURE RETROFIT PROJECT DISTRICT PROJECT 6136 PROJECT LOCATION ATTACHMENT 1 Page 3 of 5 Central Contra Costa Sanitary District ATTACHMENT 2 SUMMARY OF BIDS Project: TREATMENT PLANT LIGHT FIXTURE RETROFIT PROJECT DP No. 6136 Date: February 19. 1999 Location: Martinez. California Engr. Est. $150.000 1 Vista Universal Inc. 2430 American Avenue Hayward, C A 94545 $110,262 2 Amtech Lighting Services 1266 Fourteenth Street Oakland, CA 945607 $127,731 Bids Opened by:/s/ Paul Morsen Date: February 19. 1999 Sheet No. 1 of 1 H:\SWG\LIGHTING\SUMBIDRAWPD Page 4 of 5 1/23/99 ATTACHMENT 3 TREATMENT PLANT LIGHT FIXTURE RETROFIT PROJECT DISTRICT PROJECT NO. 6136 POST-BID/PRECONSTRUCTION ESTIMATE Item Description Total Percent of Estimated Construction Cost 1 CONSTRUCTION Construction Contract Contingency at 15% Total Construction $110,262 $ 16,738 $127,000 100.00 $18,000 14.17 $145,000 114.17 $10,000 7.87 $155,000 122.04 $25,000 $130,000 2 CONSTRUCTION MANAGEMENT 3 TOTAL CONSTRUCTION PHASE COST 4 TOTAL PRESID EXPENDITURES 5 TOTAL ESTIMATED PROJECT COST 6 FUNDS AUTHORIZED TO DATE 7 ADDITIONAL AllOCATION NEEDED TO COMPLETE PROJECT Page 5 of 5 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 4, 1999 No.: 7.a. ENGINEERING Date: February 24, 1999 Type of Action: AUTHORIZE AGREEMENT FOR PROFESSIONAL SERVICES Subject: AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH ASSOCIATED RIGHT OF WAY SERVICES, INC., FOR ACQUIRING AND PERFECTING CERTAIN PROPERTY RIGHTS FOR THE FUTURE A-LINE RELIEF INTERCEPTOR PROJECT, DISTRICT PROJECT NO. 8156 Submitted By: Ricardo Hernandez, Engineering Assistant Initiating Dept./Div. : Engineering Dept./Capital Projects Div. REVIEWED AND RECOMMENDED FOR BOARD ACTION: i2J-\- v;.-~ RH' ~P w~ WEB --tJ-- GM-CE ISSUE: Board authorization is required for Professional Consultant Services Agreements greater than $50,000. BACKGROUND: On October 1, 1998, the Board authorized a Professional Services Agreement for the pre-design of the A-Line Relief Interceptor. The improvements will provide additional peak wet-weather relief capacity for the existing A- Line Interceptor and reduce the potential for overflows. The attached map depicts the proposed alignment. The first phase of the Relief Interceptor, from the treatment plant to Buchanan Fields Golf Course, was built in 1995 as part of the construction for the Pleasant Hill Relief Interceptor. Remaining phases, from Buchanan Fields Golf Course to Ygnacio Valley Road, are scheduled for construction through the year 2019. Acquisition of the needed property rights at this time will protect the proposed alignment from competing utilities and other land uses. This Agreement is for the portion of the alignment south of Monument Boulevard. Through this reach, the Relief Interceptor will be within the former Southern Pacific Railroad right of way corridor, currently owned by Contra Costa County. The District, in 1985, purchased property rights from the County for existing and proposed facilities (including A-line Relief Interceptor) through this corridor. Now that the District has begun the A-Line Predesign, the work of refining the legal descriptions must begin. The scope of work for this Agreement will include land survey work, preparation of legal descriptions, land title work, review of existing property rights, and preparation of deeds. H:\Design\PP\8156.rh Page 1 of 3 ""__'~-'-----_'_----'-'-_._._--_........-...._<<--,--~,.,-,,-----~--_.,-----_.._---'"--._-"--_.._.._-_._--~--~,...__.,---_._--~.....-._,.._.~_.__._----_._. POSITION PAPER Date: February 24, 1999 Subject: AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH ASSOCIATED RIGHT OF WAY SERVICES, INC., FOR ACQUIRING AND PERFECTING CERTAIN PROPERTY RIGHTS FOR THE FUTURE A-LINE RELIEF INTERCEPTOR PROJECT, DISTRICT PROJECT NO. 8156 Additionally, there remain outstanding property rights issues to be resolved with the County along the remainder of this corridor (from Ygnacio Valley Road to the southern District boundary in San Ramon) associated with the original purchase in 1985 and subsequent District construction projects. These issues will also be addressed through this project. The right of way for the portion of the Relief Interceptor north of Monument Boulevard will be acquired when pre-design of the alignment is completed. Staff reviewed proposals from eight real property consulting firms and interviews were arranged to select consultants for various District right of way projects. Based on qualifications and familiarity with the proposed route, Associated Right of Way Services, Inc. (ARWS), was selected for this project. An agreement with a cost ceiling of $254,000 has been negotiated with ARWS. Approximately $204,000 of this amount will be for land survey related tasks to be performed by two different surveying sub-consultants. The A-Line Easement Acquisition Project is described as a sub-project of the A-Line Relief Interceptor Project in the 1998-99 Capital Improvement Budget, pages CS-1 3 through CS- 1 7. The total projected budget for all phases of right of way acquisition for A-Line Relief Interceptor is $1,275,000. The environmental effects of right of way acquisition for the A-Line Relief Interceptor Project were addressed in the 1991 Pleasant Hill/A-Line Environmental Impact Report certified by the Board on October 2, 1991. No additional environmental documentation is required for this Agreement. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute an Agreement for Professional Consulting Services with Associated Right of Way Services, Inc., with a cost ceiling of $254,000 for acquiring and perfecting property rights for the A-Line Relief Interceptor Project. H:\Design\PP\8156.rh Page 2 of 3 CONCORD BLVD ~ o -' ~ ~ I I PLEASANJT HILL \ BOYD RD c " .. .5 .. " /' ., 0- " E u o I ~ -.I I "'t' f f sf ~j GEARY RD &J WALNUT ~ CREEK ~ ., ~ Central Contra Costa Sanitary District A-LINE RELIEF INTERCEPTOR RIGHT OF WAY ACQUISITION ,.... o ~ en ~ " 0 !iCD -.... .... " 0 a,g: AVE ~ ~ N ~ 2 I MILE EXHIBIT MAP Page 3 of 3 a,,:1 SUISUN ~. ~ -1ilII- I 012 ~ -............. MIlES CCCSD R/W Project - S. P. R/W A-LINE Relief R/W Future R/W Acquisition - ...- ~ - ~ '" o en en 5!> ~ '1' .., o ~ ~. ~ -~- I 0 2 - 1.--..1 MILES CCCSD R/W - s. P. R/W - A-LINE Relief R/W /' .;< .0 - Future District Facilities ... ii> 0 m m Perfect District's R/W (1985) !!! - ~ '1' .., 0 A-LINE RIGHT OF WAY ACQUISITION SCOPE OF WORK RIGHT OF WAY . REVIEW EXISTING DOCUMENTATION . PREPARE EASEMENT DOCUMENTS . COORDINATE SURVEY WORK . RESOLVE ISSUES WITH COUNTY LAND SURVEY . REVIEW EXISTING MAPS AND DEEDS . FIELD LOCATE EXISTING FACILITIES . WRITE LEGAL DESCRIPTIONS . PREPARE PLATS ..____._.,______.___._______._____.___.~___._'_._____.__"."._.____~...,._..,__...._.._.,_.__u~.. o. '0_'" NEED fOR RIGHT-Of-WAY WORK . PROTECT OUR RIGHT-OF-WAY FROM COMPETING USERS Light Rail Caltrans Fiber Optics City of Walnut Creek East Bay Regional Park District Other Utilities . CONTRACT OBLIGATIONS Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 4, 1999 Date: February 24, 1 999 No.: 7.b. ENGINEERING Type of Action: AUTHORIZE CAD Subject: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD) FOR PROPERTIES ON FOREST LANE IN ALAMO FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE FOREST LANE CAD NO. 99-1, FOR APPROVAL OF THE BOUNDARY, AND REQUESTING CONSENT OF CONTRA COSTA COUNTY FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE CAD Submitted By: Russell B. Leavitt, Management Analyst REVIEWED AND RECDMME~OR BOARD ACT/OM ~ Ccws ~1 Initiating Dept./Div.: Engineering/Environmental Services ~ GM-CE ISSUE: Owners of properties on Forest Lane in Alamo are interested in connecting their homes to the Central Contra Costa Sanitary District (CCCSD) sewer system and have requested formation of a Contractual Assessment District to finance an extension of the public sewer system. Board approval is required for a Contractual Assessment District. BACKGROUND: Owners of properties located on Forest Lane in Alamo have contacted District staff to obtain information regarding connecting their homes to CCCSD's public sewer system. Signed forms expressing interest in investigating and forming a Contractual Assessment District (CAD) are on file from five of the six property owners on Forest Lane whose properties could benefit from the extension of a public sewer. The area where the CAD would be formed is shown on Attachment 1. The initial step toward creation of Forest Lane CAD No. 99-1 is for the Board of Directors to adopt a resolution indicating CCCSD's intention to designate an area within which contractual assessments are appropriate; briefly describing the proposed financing for the project; establishing the boundaries of the CAD; setting the time, date, and place for a public hearing at which interested persons may inquire about or object to the proposed program; and directing staff to prepare an Engineer's Report describing the project and financing arrangements. Additional resolutions are required to approve the boundary of the assessment district and to request the consent of Contra Costa County for CCCSD to conduct proceedings for Forest Lane CAD No. 99-1. T:\TP Planning\Leavitt\cads\FORESTLN\AUTHORIZE CAD PP.wpd Page 1 of 9 POSITION PAPER Date: February 24, 1999 Subject: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD) FOR PROPERTIES ON FOREST LANE IN ALAMO FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE FOREST LANE CAD NO. 99-1, FOR APPROVAL OF THE BOUNDARY, AND REQUESTING CONSENT OF CONTRA COSTA COUNTY FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE CAD Staff has concluded that this project is exempt from CEOA under CEQA Statute Section 21080.21 since it will lead to construction of a pipeline less than a mile in length in a public right-of-way. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEOA. RECOMMENDATION: Authorize formation of a CAD consisting of five properties on Forest Lane by: 1 . adopting a resolution of intention to create Forest Lane Contractual Assessment District No. 99-1 for the purpose of installing sewer improvements (Exhibit 1); 2. adopting a resolution approving the boundary of the assessment district (Exhibit 2); and 3. adopting a resolution requesting consent from Contra Costa County for the CCCSD to conduct proceedings for Forest Lane CAD No. 99-1 (Exhibit 3). T:\TP Planning\Lsavitt\cads\FORESTLN\AUTHORIZE CAD PP. wpd Page 2 of 9 '" '" ~ ~<D 0.., E... o ' u.... C-N LOCATION MAP NT.S. ~ N , 80 160 I I I PROPOSED CAD AREA EXISTING SEWER PLANNED CAD SEWER PROPERTIES SERVABLE BY CAD SEWER c: 0> "0 .,..; V> '" :s :/ C- o E l:l '" V> V> o o o -;;; >, V> "0 u ::: Central Contra Costa Sanitary District * PROPOSED BOUNDARY OF FOREST LANE CAD NO. 99-1 ATTACHMENT o o ~ 1 Page 3 of 9 Page 4 of 9 EXHIBIT 1 RESOLUTION NO. 99-_ RESOLUTION OF INTENTION TO CREATE FOREST LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 99-1 FOR THE PURPOSE OF INSTALLING SEWER IMPROVEMENTS WHEREAS the public health and the environment will be best protected by the expansion of the public sewer system; WHEREAS the construction and installation of a sanitary sewer pipeline, together with appurtenant work and facilities, in areas not presently connected to the sewer system will facilitate the elimination of potential public health problems due to failing septic systems; and WHEREAS it would be convenient and advantageous to establish a boundary around an area within which the District and property owners may enter into contractual assessments and make arrangements to finance public improvements to parcels which are developed and where the costs and time delays involved in creating an assessment district pursuant to alternative provisions in the law would be prohibitively large relative to the cost of the improvement. THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District resolves: 1. This Board intends to approve the following improvement under the authority of the Municipal Improvement Act of 1911, as amended, to wit: Construction and installation of approximately 450 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Forest Lane in Alamo, California. 2. This Board finds that the parcels within the Contractual Assessment District are shown within the boundaries of the map entitled, "Proposed Boundary of Forest Lane Contractual Assessment District No. 99-1." 3. This Board intends to levy a special assessment upon participating parcels within the described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvement. The improvement proposed will not confer any special benefit upon any publicly owned land. Hence, there shall be omitted from special assessment all public streets, alleys, and places and all land belonging to the United States, the State of California, the County of Contra Costa, and Central Contra Costa Sanitary District now in use in the performance of a public function. 4. This District will provide loan financing for the improvements to be repaid by assessments on the property of participating parcel owners. Assessments shall be paid over a maximum period of ten (10) years with interest at a rate to be fixed by the District. Page 5 of 9 5. The procedure for the collection of assessments will be the placement of assessments on participating parcel owner's tax bills. The first assessments will be placed on owner's tax bills in fiscal year 2000-2001. 6. This Board appoints Curtis Swanson, Principal Engineer, to prepare the report required by Section 5898.22 of the Streets and Highways Code. 7. A public hearing shall be held on this matter at 2 p.m. on or about Thursday, June 17, 1999, at the District offices, 5019 Imhoff Place, Martinez. This date is tentative and may be modified in the future. 8. The Board independently finds that this project is exempt from the California Environmental Ouality Act (CEQA) under CEOA Statute Section 21080.21 since it will lead to construction of a pipeline less than a mile in length in a public right- of-way. PASSED AND ADOPTED this 4th day of March, 1999, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: Gerald R. Lucey President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Joyce E. Murphy Secretary, Central Contra Costa Sanitary District County of Contra Costa, State of California LEGAL REVIEW: Kenton L. Aim District Counsel Page 6 of 9 EXHIBIT 2 RESOLUTION NO. 99- RESOLUTION APPROVING BOUNDARY MAP FOREST LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 99-1 The Board of Directors of the Central Contra Costa Sanitary District resolves: A map entitled "Proposed Boundary of Forest Lane Contractual Assessment District No. 99-1" has been filed with the Secretary of the Central Contra Costa Sanitary District. This Board approves the map and adopts the boundaries shown on the map as describing the extent of the territory included in a proposed assessment district to be known as Forest Lane Contractual Assessment District No. 99-1, Central Contra Costa Sanitary District, County of Contra Costa, California. This Board intends to levy a contractual assessment upon participating parcels within the described District in accordance with the benefit to be received by each parcel of land, respectively, from the improvement. There shall be omitted from assessment, all public streets, alleys, and places and all land belonging to the United States, the State of California, the County of Contra Costa, and the District because it has been determined that no special benefit will be conferred on any such land within the District. This Board finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code. This Board directs the Secretary of the District to certify the adoption of this resolution on the face of the map and to file a copy of the map with the County Recorder for placement in the Book of Maps of Assessment and Community Facilities Districts. Page 7 of 9 PASSED AND ADOPTED this 4th day of March, 1999, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Gerald R. Lucey President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Joyce E. Murphy Secretary, Central Contra Costa Sanitary District County of Contra Costa, State of California LEGAL REVIEW: Kenton L. Aim District Counsel Page 8 of 9 EXHIBIT 3 RESOLUTION NO. 99-_ RESOLUTION REQUESTING CONSENT TO CONDUCT ASSESSMENT PROCEEDINGS FOREST LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 99-1 The Board of Directors of the Central Contra Costa Sanitary District (CCCSD) resolves: On March 4, 1999, the Board adopted a Resolution of Intention, a copy of which is attached hereto, marked Exhibit A, and by reference incorporated herein as though fully set forth. All of the property proposed to be assessed lies within the County of Contra Costa. All public streets, alleys, places, and all land belonging to the United States, the State of California, the County of Contra Costa, and CCCSD shall be omitted from assessment because it has been determined that no special benefit will be conferred on any such land within the proposed Assessment District. The County of Contra Costa will, in the opinion of the Board of Directors of CCCSD, be benefitted by the improvements referred to in the Resolution of Intention, and the purposes sought to be accomplished by the work can best be accomplished by a single, comprehensive scheme of work. The consent of the County of Contra Costa, through its Board of Supervisors, is hereby requested to the formation of the Assessment District described in said Resolution of Intention, to the improvement described, and to the assumption of jurisdiction by the --------..---".--~-..-- ---..-...----".__.________,__._'.M""___~__.~.,_,."___.._~_,._.____.~_____._____.__.._.."_.'_"..,.___._.__.__.,.._"._____.~._,__.__.___,__._ _"______~_,.._ Page 9 of 9 CCCSD Board of Directors for all purposes in connection with the formation of this Assessment District, the improvements to be made and the assessment of property within the boundaries of the proposed Assessment District. The Secretary of CCCSD is hereby directed to transmit a certified copy of this resolution with the Resolution of Intention attached and a certified copy of the map showing the boundaries of the Assessment District to the County of Contra Costa. PASSED AND ADOPTED this 4th day of March, 1999, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Gerald R. Lucey President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Joyce E. Murphy Secretary, Central Contra Costa Sanitary District County of Contra Costa, State of California LEGAL REVIEW: Kenton L. Aim District Counsel Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 4, 1999 No.: B.a. HUMAN RESOURCES Date: February 22, 1999 Type of Action: HUMAN RESOURCES Subject ADOPT CLASS DESCRIPTION FOR GENERAL MANAGER; ADOPT RESOLUTION APPOINTING CHARLES W. BAITS, JR. TO THE POSITION OF GENERAL MANAGER, AT A SALARY OF $11,382/MONTH EFFECTIVE MARCH 31, 1999; AUTHORIZE EMPLOYMENT CONTRACT Submitted By. Initiating Dept./Div.: Cathryn R. Freitas, Human Resources Administrative/Human Resources Manager REVIEWED AND RECOMMENDED FOR BOARD ACTION: ()Jlg CRF ~ GM-CE ISSUE: The adoption of class descriptions, appointment of individuals to executive management and authorization to enter into employment contracts require Board approval. BACKGROUND: Upon the announcement of the retirement of General Manager-Chief Engineer Roger J. Dolan effective March 31, 1999, the Board of Directors hired John Shannon of Shannon Associates to conduct an executive search for an individual qualified to meet the needs of the District and fill the pending vacancy. As part of the recruitment process, the Board met with Mr. Shannon and stated their desire to update the title, duties and requirements for the position. Accordingly, the title for the position to be recruited was modified from General Manager-Chief Engineer to General Manager to reflect an emphasis on the general management functions of the position. At this time, it is appropriate to change the class description to reflect the new emphasis as well (see attached). After an extensive recruitment, screening and interview process, the Board decided at its meeting of January 11, 1999 to promote Engineering Department Director, Charles W. Batts, Jr., as the District's new General Manager effective March 31, 1999. Furthermore, the Board directed Shannon to work with the District's labor counsel in preparing an employment contract with Mr. Batts for future Board adoption. Mr. Batts holds an M.B.A. from Pepperdine University and a B.S. in Mechanical Engineering from the Drexel Institute of Technology. He was an officer in the United States Marine Corp. Mr. Batts came to the District in 1981 as the Plant Operations Maintenance Division Manager after holding a management position with Allied Chemical, Inc.. In 1983, Mr. Batts was promoted to the Plant Operations Department Manager position and in 1998, he was promoted to the Engineering Department Director position. He has held leadership positions in a number of professional organizations and associations at a regional level. Mr. Batts is highly C:\WPDocs\cwbappt.ppr.wpd Page 1 of 10 --,._..._<_._-'----_..._------_._-~_..,"'^"-~.__._-,~...-~~-_..._-,~,,,.,--~._~_.._----~-- ~..__..,----~-,._~._- ..-.'-"-"- -."~---_.,-_._----"------,..~.__...._.,,_.._-,,-,,._.._.---.-.- .,,-----_...~,~_._--------_..,.._--_.- POSITION PAPER Date: February 22, 1999 Subject: ADOPT CLASS DESCRIPTION FOR GENERAL MANAGER; ADOPT RESOLUTION APPOINTING CHARLES W. BATTS, JR. TO THE POSITION OF GENERAL MANAGER, AT A SALARY OF $11,382/MONTH EFFECTIVE MARCH 31, 1999; AUTHORIZE EMPLOYMENT CONTRACT knowledgeable of District operations and well-qualified to assume the duties and responsibilities of the General Manager position. The resolution appointing Mr. Batts is attached, as well as the Employment Contract prepared by District Labor Counsel W. Daniel Clinton. RECOMMENDATION: Adopt the attached class description for General Manager; adopt the resolution appointing Charles W. Batts, Jr. to the position of General Manager $11,382/month, effective March 31,1999; and authorize the Board President to sign the attached employment contract with Mr. Batts on behalf of the District Board of Directors. C:\WPDocs\cwbappt.ppr. wpcl Page 2 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT Effective: 3/31/99 1017/93 Range: M-05 Respirator Class: 3 GENERAL MANAGER CHIEF ENGINEER DEFINITION Plan and manage the affairs of the Sanitary District, direct the staff in all functions and operations, and do all related work as required. SUPERVISION RECEIVED AND EXERCISED Receive policy direction from the District Board of Directors. Exercise direct supervision over department heads directors and other staff as desired. EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the following: Provide sound, ethical leadership to the staff of the District. Establish and organize the departments and functions of the District. Draft and recommend rules, regulations, fees, and charges for adoption by the Board including specifications and requirements controlling the construction, repair, maintenance, and operation of sewage systems, recycled water system and Household Hazardous Waste Collection Facility. and garbage collection and handling. Administer and enforce policies and programs of the Sanitary District, as approved by the District Board, including the direction and supervision of administrative and management personnel concerning the administration, engineering, construction, operation, and maintenance of the Sanitary District. Approve plans, drawings, and descriptions for 'Nork on District Sewering Projects. Act as Engineer for Local Improvement Districts. Attend District Board meetings and provide information, data, reports, and advice as requested. Be responsible for and direct the preparation of the District's annual budget and control authorized expenditures of the District. Confer with private individuals, firms, organizations, and local, state, and federal agencies in the implementation and coordination of programs, projects, and various activities. Page 3 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT General Manager Chief Engineer (Continued) EXAMPLES OF ESSENTIAL DUTIES Represent the District at a variety of meetings and conferences conducted by civic and community organizations, technical groups, and legislative bodies. Interview applicants and recommend appointments, promotions, and special assignments for administrative and management staff. Review incoming and outgoing correspondence and reports prepared by staff. Perform related duties as required. MINIMUM QUALIFICATIONS Knowledae of: Modern management and leadership skills and practices. Local, state, and federal regulations and laws governing the management, construction, operation, and maintenance of a sanitary district. Materials, processes, and equipment involved in the construction of sewage systems, treatment and disposal facilities, and related appurtenances. The fundamentals of mModern environmental engineering principles; field and office practices. Good organization and office procedures. Abilitv to: Continuously know and observe the management and engineering field, remember the history of the agency and profession, and understand concepts and issues described in the normal course of business. Intermittently analyze proposals, plans, and positions of staff or consultants; identify problems and opportunities; interpret communication from the Board and staff; problem solve as the need arises; and explain issues to the Board and staff. Sit at desk and in meetings for long periods of time on a continuous basis. Intermittently twist to reach equipment surrounding desk, and perform simple grasping and fine manipulation; use telephone, and write or use a keyboard to communicate through written means. Page 4 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT General Manager Chief Engineer (Continued) Abilitv to: Coordinate and administer the activities of the District. Delegate work to others, direct them in the course of such work, require the ethical conduct of the District's business, and create a cooperative and effective working relationship among subordinates. Appraise people and situations accurately to meet and deal successfully with the public, engineers, contractors, and developers. Implement an effective course of action and get along well with others. Be resourceful, possess initiative, tact, and good judgement in management, engineering, and construction matters. EXPERIENCE AND EDUCATION Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Fifteen years of broad and complex professional engineering management experience, at least ten of which must have been in a responsible capacity involving the management, planning, designing, and supervision of construction and operation of sanitary sewage systems, treatment facilities, and the operation thereof. recycled water system and related facilities. Education: Equivalent to graduation from a university of recognized standing with specialization in civil, mechanical, or chemical engineering a bachelor's degree from an accredited college or university, with major work in business or public administration, engineering or a related field. A Master of Science degree in Engineering or Master of Business Administration is desirable. A Master of Business or Public Administration or Master of Science degree in Engineering is desirable. Page 5 of 10 CENTRAL CONTRA COSTA SANITARY DISTRICT General Manager Chief Engineer (Continued) LICENSES AND CERTIFICATES Possession of a valid Certificate of Registration as a Civil, Mechanical, or Chemical Engineer by the California State Board of Registration. Possession of a valid California Driver's License. Page 6 of 10 RESOLUTION NO. 99- A RESOLUTION APPOINTING CHARLES W. BA TTS, JR. TO THE POSITION OF GENERAL MANAGER OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT The District Board of Directors of the Central Contra Costa Sanitary District does hereby resolve as follows: THAT effective March 31,1999, CHARLES W. BATTS, JR. is hereby appointed to the position of General Manager of the Central Contra Costa Sanitary District at a monthly salary of eleven thousand three hundred eighty-two dollars ($11,382), Range M-05 ($11,382-$14,804); and BE IT FUTURE RESOLVED THAT CHARLES W. BA TTS, JR. shall serve as the chief executive officer of the Central Contra Costa Sanitary District and is hereby authorized and empowered to fulfill the duties of the position of General Manager. PASSES AND ADOPTED this 4th day of March, 1999 by the Board of Directors of the Central Contra Costa Sanitary District 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 APPROVED AS TO FORM: Counsel for the District Page 7 of 10 EMPLOYMENT AGREEMENT I. The Central Contra Costa Sanitary District, a special district organized pursuant to the State of California H&S Code, Sanitary District Act of 1923, herein referred to as the "District," hereby employs Charles W. Batts, Jr., hereinafter referred to as the "General Manager," subject to the terms, conditions and provisions of this Agreement. The General Manager hereby accepts such employment and agrees to render services as provided herein, all of which services shall be performed conscientiously and to the full extent of the General Manager's ability. The General Manager's services shall be exclusive to the District during the term of this Agreement. II. Term. The General Manager's employment shall begin on March 31, 1999, and continue to June 18, 2000. Beginning June 18, 2000, the term of the contract shall be extended automatically on a year-by-year basis unless either party notifies the other before December 31 of the year before the year in which the contract is due to expire its intention not to extend the contract. In the event of such notification, the contract shall terminate on the following June 18 unless thereafter the contract is continued by mutual written consent. III. Positions and Duties. The General Manager shall serve in the position referred to above with authority to act on such matters as may from time to time be directed by the Board or as may be appropriate. IV. Exclusivity. The General Manager warrants that there are no agreements or arrangements, whether written or oral, in effect which would prevent the General Manager from rendering exclusive services to the District during the term hereof and that the General Manager has not made and will not make any commitment or do any act in conflict with this Agreement. V. Salary and Benefits. Salary - Effective April 1, 1999, $136,584 per annum. On June 18, 2000, if this Agreement continues to be in effect, this salary will be increased to $143,413 per annum. Thereafter, there will be an annual adjustment equivalent to a one-step raise, effective on June 18 of any subsequent years, until the General Manager reaches the top of the range for this position. Any other adjustments are subject to mutual written agreement. Benefits - Except as otherwise explicitly set forth in this Agreement, the benefit program is the program which applies to the Management Group effective May 1, 1997, or as may be negotiated in future years. VI. Return of Prooerty. Upon termination of this Agreement, regardless of how termination may be effected, or whenever requested by the District, the General Manager shall immediately turn over to the District all of the District's property, including all items used by the General Manager in rendering services hereunder or otherwise, that may be in the General Manager's possession or under his control. -1- 673731.1 VII. This Agreement is made and entered into in the State of California, and the laws of California shall govern its validity and interpretation and the performance by the parties hereto of their respective duties and obligations hereunder. VIII. Termination. Either the District or the General Manager may terminate this Agreement with or without cause at any time upon 90 days' written notice to the other party. In the event of termination of the General Manager by the District, above, the General Manager shall be paid severance compensation equal to the salary for the time remaining in the term of the contract or three (3) months of severance pay, whichever is greater. IX. Terminal Compensation. To avoid large lump sum outlay at the time of separation, the terminal compensation for accumulated sick leave and vacation time shall be paid in a series of five (5) annual installments. The total amount subject to installment payment at the time of termination shall be the value of accumulated vacation plus 85 percent of the value of any accrued sick leave, plus severance pay, if any. The District shall make a series of five (5) equal payments to the General Manager, the first payment of which shall be due on the anniversary date of the General Manager's termination, or such other date as may be set by mutual written agreement. These amounts will represent a final resolution of all financial obligations under this Agreement. Each year the remaining balance shall accrue interest based on the interest earnings of the District investments. The final payment shall be the balance plus interest. In the event of the death of the General Manager, the District shall make a final payment consisting of the unpaid balance of the terminal compensation plus accrued interest. X. Entire Agreement. This instrument contains the entire agreement of the parties. It may not be changed orally and any written modification must be signed by both parties. XI. Arbitration. Any controversy or claim arising out of or relating to this Agreement or breach thereof, shall be settled by arbitration conducted through the offices of the California state Mediation and Conciliation Service, and judgment upon the award rendered by the arbitrator selected either by the mutual agreement of the parties hereto or from a panel provided by the California State Mediation and Conciliation Service may be entered in any court having jurisdiction thereof. In reaching his or her decision, the arbitrator shall have no authority to change or modify any provisions of this Agreement. Dated Charles W. Batts, Jr. -2- 673731.1 RECOMMENDED BY: Dated Dated: -3- W. Daniel Clinton, District Labor Counsel Gerald R. Lucey, President of the Board 673731.1