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HomeMy WebLinkAboutAGENDA BACKUP 10-15-98 ~; Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 2 BOARD MEET1NG OF October 15,1998 NO. 4. CONSENT CALENDAR b. DATE lWE OF ACT10N October 5, 1998 ACCEPT ANNEXATION FOR PROCESSING SUBJECT AUTHORIZATION FOR P.A. 98-11 (ALAMO) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT SU8MlTTED BY Dennis Hall, Associate Engineer INlTIArNG OEPT/DlV Engineering Department/Environmental Services Parcel No. Area Owner I Address Parcel No. & Acreage Remarks Lead Agency 98-11 Alamo (7704) Norman Schlinger 1049 Pine Lane, Lafayette, CA 94549 191-100-004 (3.76 Ac.) Existing house with a failing septic system; must connect to the public sewer system. Project is exempt from CEQA. CCCSO RECOMMENDATION: Authorize P.A. 98-11 to be included in a future formal annexation. ~[Ij fJ//Y eWB 4/8/98 INITlATING DEPARTMENT/DIVISION DH JSM U:\PPr\Kast\Annex98-11.dh.wpd .......-.....------, \ \ \ \ '----, \ \ \ \ \ \. , , "- "- "- "- "- , , "- "- "- "-, '-, , , " ...... \_/~;)N , , ~) " ......-......" , , " '''-, , , ~' ~~ " PROPOSED ANNEXATION P.A.98-11 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 2 October 1 5, 1 998 NO. 4. CONSENT CALENDAR c BOARD MEETING OF September 30, 1998 TYPE OF ACTION ACCEPT CONTRACT WORK DATE SUBJECT ACCEPT CONTRACT WORK FOR THE ROSSMOOR SEWER IMPROVEMENTS PROJECT, PHASE 4, DISTRICT PROJECT NO. 5268, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION SUBMITTED BY Thomas A. Trice, Senior Engineering Assistant INITIATING DEPT/DIV Engineering Dept./Capital Projects Div. 1S.S.UE: Construction has been completed on the Rossmoor Sewer Improvements Project, Phase 4, (DP 5268) in Walnut Creek, and the work is now ready for acceptance. BACKGROUND: The Rossmoor Sewer Improvements Project, Phase 4, (DP 5268), was implemented under the terms of an agreement between Rossmoor and the District. The agreement provides for the District constructing new manholes and repairing the existing sewer system in phases prior to taking over ownership, operation, and maintenance of the sewer mains. The work is being financed by a portion of the capital improvement fees paid by the Rossmoor developer (UDC Homes) and a portion of the sewer service charges paid by the homeowners of Rossmoor. Phase 4 of the project consisted of installing 56 manholes and 13 rodding inlets on the existing sewer mains, replacing approximately 1,000 lineal feet of deficient sewer pipe, and making six spot repairs. Approximately 10,000 lineal feet of sewer mains were also cleaned and television inspected as part of this project. This project is described in more detail on pages CS-80 through CS-82 of the 1998-99 Capital Improvement Budget. On April 2, 1998, the Board authorized the award of a contract for construction of the project to D. E. Bianchini, Inc. of San Ramon. Notice to Proceed was issued on May 11, 1998. The contract work was substantially completed on September 25, 1998. The remaining work consists of minor punch list items which do not affect the project acceptance. The total authorized budget for the Phase 4 project, including the cost of engineering design, District forces, testing services, contractor services, etc. is $400,000. An accounting of the project costs will be provided to the Board at the time of project close-out. It is appropriate to accept the contract work at this time. RECOMMENDATION: Accept the Contract work for the construction of the Rossmoor Sewer Improvements Project, Phase 4, District Project No. 5268, in Walnut Creek, and authorize the filing of the Notice of Completion. ~ ~ INrTlATING DEPARTMENT/DIVISION TAT HT WB H:\Design\PP\5268 Accept. TAT .wpd 4/8/98 ~ WALNUT CREEK c: '" ." o o co '" ~ ~ "'6 ,/ co '" N U'"l -;;; >, '" o u ~ Central Contra Costa ~ Sanitary District {Q co 0> S!! (, =~ ~~ Project Areas o I 3 I MILES ROSSMOOR SEWER IMPROVEMENTS PROJECT PHASE 4 :;:0 0.. Or OOf 1 Rd. ~ N ~ ( ATTACHMENT 1 ~ (;entral Contra Costa Sanitary District BOARD OF DIRECTORS 11111111111111111111:1111111111::1:11111 BOARD MEET~Gc7ober 15, 1998 Page 1 of 4 NO. 4. CONSENT CALENDAR d. DATE TYPE OF ACTION October 9, 1998 RECEIVE AUDITED FINANCIAL STATEMENTS SUBJ ECT RECEIVE THE AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30,1998. SUBMITTED BY Debbie Ratcliff, Controller INITIATING DEPTIOIV Administrative/Finance and Accounting .ISSUE: The audited financial statements of the Central Contra Costa Sanitary District for the fiscal year ended June 30, 1998 are being submitted to the Board of Directors. BACKGROUND: The firm of Hood and Strong, Certified Public Accountants, has completed its examination of the District's financial statements for the fiscal year ended June 30, 1998, and has submitted the audited financial statements and auditor's opinion thereon. In the routine performance of their examination of the financial statements, the auditors evaluate the District's internal accounting controls to determine the nature and extent of the auditing procedures required. Based on their observations during the course of the examination, the auditors routinely advise District management of any recommendations to improve the system of intemal accounting controls. There were no recommendations for improvements this year. The District's investment policy requires a performance evaluation every four years by its independent auditors to determine whether the investment objective of achieving a market-average rate of return is being realized. This investment policy states that the average return of three-month U.S. Treasury Bills will be used to determine the market-average rate of return. Hood and Strong reviewed the investment performance for the prior fiscal year and calculated the District's average rate of return to be 5.69 percent compared to the market- average rate of return of 5.08 percent as noted in the Independent Accountants Report, Attachment I. The District was successful in meeting its investment objectives. The audited financial statements were reviewed in detail at a Budget and Finance Committee/Board Workshop on October 7, 1998, which was attended by a quorum of the Board. At that meeting a question was raised relative to the adequacy of the footnote dealing with the District's relationship with Central Contra Costa Solid Waste Authority. Footnote No. 11 has been changed to include the amended language requested by the Board. Also, in accordance with Government Code Section 53891, information from the audit was used to prepare a report to the State Controller's Office by the annual deadline of September 30, 1998. A copy of the audited financial statements has been received by the Board under separate cover. RECOMMENDATION: Receive the audited financial statements for the fiscal year ended June 30, 1998. DR INITIATING DEPARTMENTIOIVlSlON S :\ADMIN\POSP APER\AU DFIN .PP 9116/96 ATTACHMENT I HOOD&! STRQNG LLP CERTIFIED PUBLIC ACCOUNTANTS Independent Accountants' Report On Agreed-Upon Procedures THE BOARD OF DIRECTORS CENTRAL CONTRA COSTA SANITARY DISTRICT Martinez, California The following report enumerates the agreed upon procedures and results of procedures applied to the investments and investment returns of CENTRAL CONTRA COSTA SANITARY DISTRICT (the "District") on its temporary investments for the period July 1, 1996 through June 30, 1997, as shown in Schedule 1. We have performed the procedures enumerated below, which were agreed to by the DISTRICT, (the specified user), solely to assist you with meeting the performance evaluation required by your investment policy effective January 1995. This engagement to apply agreed-upon procedures was performed in accordance with standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures described below is the responsibility of the specified user of the financial report. Consequently, we make no representations regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. The procedures and findings are as follows: 1. We obtained the closing average yield on three month (91 day) US Treasury bills for each quarter ended June 30, 1996 through June 30, 1997. The results of applying procedure 1 are reflected in Schedule 1 2. We computed the average yield on the three month (91 day) US Treasury bills for the period July 1, 1996 through June 30, 1997 using the information obtained in procedure 1 as defined by the District's investment policy as the "market average rate ofreturn". The results of applying procedure 2 are reflected in Schedule 1 3. We obtained the face value of investment balances and income earned from monthly reports presented to the Board of Directors for the Self-Insurance and Sewer Construction funds for each of the quarters ended June 30, 1996 through June 30, 1997. The results of applying procedure 3 are reflected in Schedule 1 4. We agreed investment balances at June 30, 1996 and 1997 and investment income for the year ended June 30,1997 to the District's general ledger. Consultants and Business Advisors I IJ I Califorllla SIl/lrI5IJIJ _)'an Fran{is(o CA 'Hili 415.78I.IJ7'!.J fax 415.421.2971) Sail Fraf1ris(Q Mrnlo Park No exceptions were noted in applying procedure 4. 5. We computed the average of the District's temporary investments held for the period June 30, 1996 through June 30, 1997 using the information obtained in procedure 3. The results of applying procedure 5 are reflected in Schedule 1 6. We computed the average yield on the District's temporary investments for the period June 30, 1996 through June 30, 1997 using the average of temporary investments held, computed in procedure 5, and income earned for the year ended June 30, 1997 obtained in procedure 3. The results of applying procedure 6 are reflected in Schedule 1 We were not engaged to, and did not, perform an audit, the objective of which would be the expression of an opinion on the specified element, accounts or items. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is the intended solely for the specified user listed above and should not be used by those who have not agreed to the procedures and taken responsibility for the sufficiency of the procedures for their purposes. if- I ~~"'/1 ~ /fZ,-J August 7, 1998 2 Q) :; '" '" '" ~ .... c '" u .... 'if. Q) .E c .c >- (U Q) u '" ... E 0\ 0 ~ en Q) Ci c. - 00 E '" V) e c Q) CI) > Q) 0 I- .5 > ..ex: l"'l l"'l ";j '<T '<T .... l"'l.. l"'l.. 0 l"'l l"'l I- 00 00 on.. on.. l"'l l"'l ~ ~ '" Q) ~ '" N C 0\ '-Ll ::s - Q) ~ 6 E cj \0 0 v5 e"! u l"'l .5 ~ = 0 '" - .... .- c CJ .... ::s V) .- = ~ - ... = l"'l .... - ..... N fI) v5 .- = l"'l ~ ~ ~ ~ t> ~ = CJ .... = .- = = e 0 0 0 0 = 0 0 0 0 0 0 00 ... 0 0 o~ 0 0 0 r.S ";j 0 r-~ '<T~ N N = or) l"'l ..0 .... V) l"'l r- r- .... ... 0 0\ 00 r- O\~ 00 '<T fI) ~ l- e"! r-: ..0 ..0 0\ 0 '" - N U ~ 1) - V) \0 \0 \0 \0 \0 ::t = ~ '" ~ ~ ... - .... CJ C = .- Q) - S 0 0 r- r- r- r- U ~ '" '" r- V) V) V) V) Q) c V) - - - - - .... > ::s - N N 6 = c ~ ..0 l"'l = - l"'l - \0 \0 ... ~ .... cj 0\ - o~ N - .... e 0 on.. N - ..0 - = .... Q) v5 V) V) \0 V) \0 ~ fI) ::s V) U ~ ";j ~ ~ > = r- Q) - 0\ U 0\ (U l"'l l"'l l"'l l"'l - ~ '" l"'l '<T '<T '<T '<T o~ C '<T 00 00 oo~ oo~ ::s 00 ..,; O\~ l"'l ~ 00- N - - - Q) -i 0\ r-~ r- r- r-~ c \0 or) or) ::s en or) V) V) ... '" ~ Q) '" c Q) a c 00 '" 1) Q) .s ::s .5 :;: 'if. 'if. 'if. 'if. 'if. 'if. >- '" '" c (U 0 '<T - \0 00 N 00 '" 0 Q) [) Q) ~ ~ ~ ~ ... E ~ I- 00 or) or) (U V) V) V) V) .a v5 ~ ... l"'l Q) ~ :) as > .... ..ex: c Q) r- S ... \0 \0 (U 0\ '" 0\ 0\ Q) 0\ Q) 0\ 0\ >-. - > - - r- Q) o~ c 6 0\ .s - \0 - 0\ r- l"'l .... 0\ l"'l l"'l - 0\ ... Q) 0 0\ ... ... 0\ <B c ~ - Q) Q) - - ::s 6 ~ ~ l"'l 6 Q) ... S l"'l S E .c l"'l 00", Q) Q) u e Q) E Q) - u a Q) Q) '" c c. Q) c > c ::s ::s Q) 0 ~ ::s ..ex: Q) en ... en ... ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 4 BOARD MEETING OF October 1 5, 1 998 NO. 6. BIDS AND AWARDS a. DATE October 7, 1998 TYPE OF ACTION REJECT BIDS SUBJECT REJECT ALL BIDS RECEIVED FOR THE CONSTRUCTION CONTRACT FOR THE 1998 STORM DAMAGE PROJECT, DISTRICT PROJECT NO. 5205 SUBMITTED BY Curtis W. Swanson, Principal Engineer INITIATING DEPT/DIV Engineering Department/Environmental Services ISSUE: On September 24, 1998, sealed bids were received and opened for construction of the 1998 Storm Damage Project, District Project No. 5205. The Board of Directors must authorize award of the contract or reject bids within 50 days of bid opening. BACKGROUND: During the winter of 1998, storm damage occurred at three locations within the District collection system (see Attachment 1). Bank erosion along Walnut Creek near Carmel Court in Walnut Creek resulted in the edge of the bank moving closer to a 27-inch trunk sewer. At the second location, a landslide exposed a portion of a manhole and left the edge of the landslide close to an 8-inch sewer along Lost Valley Drive in Orinda. At the third location, storm flows damaged a trash rack and eroded creek banks near a drainage culvert passing under the 27-inch trunk sewer that serves Moraga. Plans and specifications were prepared by a joint team of District staff and two geotechnical engineering consultants. The project was advertised for bid on September 15 and 21, 1998. The engineer's prebid estimate for construction is $250,000. One bid in the amount of $439,169 was received and publicly opened on September 24, 1998. A summary of bids is presented in Attachment 2. The Engineering Department conducted a technical and commercial evaluation of bids and determined that the lowest responsible bidder is Hillside Drilling Co. of Point Richmond for the amount of $439,169. However, the sole bid received for this project is 75% greater than the engineer's estimate of $250,000. Staff reviewed and verified the engineer's estimate. Staff has determined that the reason for the unfavorable bid is that Hillside Drilling Co. and other potential bidders for the project are busy, with many having a four to six month backlog of work. Other potential bidders were reluctant to commit to additional work at this point in the year. Staff recommends that all bids be rejected and that the project be rebid in Spring, 1999 when it is likely that more bids will be received. Staff will proceed with the installation of temporary protection measures (plastic sheeting, sand bags, drain lines, etc.) to secure the three sites for the winter. At the two sites 10/ CWB ROGER J. DOLAN JSM U :\PPr\Kast\Storm Damage. 5205. 2nd. pp. wpd 4/8/98 DATE October 7, 1998 Page 2 of 4 SUBJECT REJECT ALL BIDS RECEIVED FOR THE CONSTRUCTION CONTRACT FOR THE 1998 STORM DAMAGE PROJECT, DISTRICT PROJECT NO. 5205 where there has been earth movement, the amount of the sewer system which has been affected is relatively small. There is minimal risk to the District and the property owners associated with the completion of the temporary protection measures in the near future and the delay of the permanent work until next year. The work included in this project appears in the 1998-99 Capital Improvement Budget under Storm Damage Repairs, pages CS-83 through CS-85. RECOMMENDATION: Reject all bids received for the contract for construction of the 1998 Storm Damage Project, DP 5205. U;\PPr\Kast\Storm Damage. 5205.2nd.pp. wpd 4/8/98 Page 3 of 4 .... N c; o o on o N on ,. .c v ~ o ,. on o N on -:;:; >- en "0 v ~ Central Contra Costa Sanitary District LAFAYErrE MORAGA _ REPAIR AREAS ----""""'" Z ~ ATTACHMENT N !i 1998 STORM DAMAGE REPAIR DISTRICT PROJECT X5205 1 co c:n !!! ~~ 0'" v-'- Q.N ATTACHMENT 2 Central Contra Costa Sanitary District SUMMARY OF BIDS PROJECT NO. 5205 - 1998 Storm Damage Reoair DATE September 24. 1998 LOCATION: Orinda. Walnut Creek ENGR. EST. $ 250.000 No. BIDDER BID PRICE (Name, telephone & address) 1 Hillside Drilling Co., Inc. $439,169 P.O. Box 70130 Point Richmond, CA 94807-0130 2 3 4 5 6 7 BIDS OPENED BY /s/ Joyce Murphv DATE September 24. 1998 SHEET NO. ..l OF ...1 U :\PPr\Kast\Storm Damage.5205. wpd 4/8/98 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS :11111111:111:111:1111::1_111:1::1:1:1:: BOARD MEETIOGc7ober 15, 1998 ;:;:;:::::;:::::::::::::::::::;:::::::::;:::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;:;:;:::::::;:;:;:;:;:;:;:;:;:::;:;:::;:;:::;:;:;:;:;:;:::::::;:;:;:::::::::::::::::::;:;:;:;:::: Page 1 of 11 Pages NO. 12. BUDGET & FINANCE a. DATE TYPE OF ACTION October 7, 1998 RECEIVE ANNUAL REPORT SUBJECT RECEIVE THE 1997 ANNUAL REPORT OF THE DEFERRED COMPENSATION PlAN ADVISORY COMMITTEE SUBMITTED BY Debbie Ratcliff, Controller INITIATING DEPTIDIV Administrative/Finance & Accounting ISSUE: The Deferred Compensation Plan Advisory Committee (Committee) respectfully submits its 1997 Annual Report. BACKGROUND: The Board of Directors approved the establishment of the Committee in January 1982. The scope of activities of the Committee includes: . Establishing internal administrative procedures . Educating participants regarding the Plan . Reviewing emergency withdrawal requests . Reviewing investment performance of the Plan · Submission of an annual report to the Board of Directors and Plan participants The Committee is made up of the following Departmental representatives: Debbie Ratcliff, Controller - Chairperson David Rolley, Accounting Technician III - Administrative Dennis Hall, Associate Engineer - Engineering Ron Galloway, Maintenance Crew Leader - Collection System Operations Bill McEachen, Assistant Control Systems Engineer - Plant Operations The Committee made several major accomplishments this year; among the most important are: · Implemented the new contract (approved by the Board on October 2, 1997) with Hartford Life Insurance Company and held workshops to educate all participants of the changes. · Updated and implemented changes to the Deferred Compensation Plan Document (approved by the Board on September 17, 1998) to comply with legislative changes in the Small Business Job Protection Act of 1996. P.M. INITIATING DEPARTMENTIOIVISlON S :\ADMIN\POSP APER\Bnnrpt.pp. wpd DATE October 7, 1998 Page 2 of 11 Pages SUBJECT RECEIVE THE 1997 ANNUAL REPORT OF THE DEFERRED COMPENSATION PLAN ADVISORY COMMITTEE Historically, the Deferred Compensation Annual Report has been presented to the Board at the end of the fiscal year. This has required financial data to be presented for the prior calendar year, as well as the first six months of the current fiscal year. Our Deferred Compensation providers track their financial results on a calendar year basis, making it difficult to obtain the extra six months results. This annual report has been changed to reflect only 1997 calendar year financial results. In the future, staff proposes to provide the Deferred Compensation Annual Report to the Board each March, reflecting only calendar year results. This will reduce staff time on this project, will make the report easier to read, and will reflect the fact that performance results are typically reported at calendar year end. Staff proposes to begin this new approach in March of 1 999. RECOMMENDATION: Receive the annual report of the Deferred Compensation Plan Advisory Committee for 1997 and provide any comments to staff. S:\ADMIN\POSP APER\annrpt.pp. wpd Central Contra Costa Sanitary District DEFERRED COMPENSATION PLAN ADVISORY COMMITTEE ANNUAL REPORT JANUARY 1997 - DECEMBER 1997 The Deferred Compensation Plan Advisory Committee (the Committee) was established by the Board of Directors to facilitate the internal administration of the District's Deferred Compensation Plan. The scope of the Committee's activities encompass the following: · Establish internal District administrative procedures within the provisions of the Deferred Compensation Plan document. · Educate participants regarding the Plan provisions by issuing a handbook which summarizes the Deferred Compensation Plan and responding to questions from participants. · Review accountability by the Program Administrators, Hartford Life Insurance Company (Hartford), Washington Mutual Bank (Washington Mutua!), and ICMA Retirement Corporation (ICMA) and respond to participants' queries regarding accuracy or propriety of account balances. · Review participants' requests for emergency withdrawal of funds and make recommendations for acceptance or denial to Board of Directors. · Review investment performance of the Deferred Compensation Plan on an annual basis. Committee Accomplishments The following activities were completed by the Committee during the period January 1 997 through December 1997: . Internal District Administrative Procedures One new Deferred Compensation committee member, Bill McEachen, was selected and trained to support his department. Education workshops were provided on a wide variety of investments and revised terms offered by both Hartford and Washington Mutual. · Review Accountability by Program Administrators The Committee reviewed and analyzed the new core group of investments offered by Washington Mutual Bank prior to seeking Board approval. S :\AOMIN\RA TCLlFF\OEFCOMP\ANNUAL.RPT Page 3 of 11 Monthly confirmation statements and quarterly account statements were submitted to the District by Hartford, Washington Mutual, and leMA. Quarterly account statements were distributed to all participants. · Review Requests for Emergency Withdrawals of Funds Three emergency withdrawal requests were reviewed by the Committee, and two were recommended for approval by the Board of Directors. One was denied as it did not meet the requirements for emergency withdrawal established by the Internal Revenue Service. . Review Investment Performance A summary which presents the investment performance of the Hartford, Washington Mutual, and ICMA programs for the calendar year 1997 is attached. Current Committee Activities · The Deferred Compensation Plan Document has been updated to comply with reforms which apply to Section 457 Plans that are included in the Small Business Job Protection Act of 1996 which was passed in August, 1996 and required to be implemented by January 1, 1999. · The Deferred Compensation Program Handbook is being updated to reflect changes in the Plan as well as changes in the Washington Mutual and Hartford contracts. Conclusion During the period January 1997 through December 1997, the Committee addressed all of the activities included in its scope of responsibilities through the conscientious efforts of all of the Committee members. The performance of Hartford, Washington Mutual, and ICMA in administering the Deferred Compensation Plan during the 1997 report period is considered to be satisfactory. The performance results of the Hartford, Washington Mutual, and ICMA stock and bond investments for the calendar year 1997 follow. S :\A OMI N\RA TCllFF\OEFC OMP\A N N U Al. R PT Page 4 of 11 Please note the following when reviewing Plan results: . Dow Jones Industrial Average is the most commonly followed index of the U.S. stock market. It is comprised of 30 corporations spanning many different industries. It is price weighted meaning that a $2 change in a $100 per share stock will have a greater affect than a $2 change in a $20 per share stock. Measuring the Dow Jones Industrial Average is used to gauge the direction of the stock market. . Standard & Poors 500 is an index which measures broad-based changes in stock market conditions based on the average performance of 500 widely held common stocks. . Lehman Brothers Bond Index, an unmanaged list ofD.S. Treasury! Agency and investment grade corporate debt securities, is used as a general measure of performance of fixed income securities. . T-Bill is the common name for a U.S. Treasury bill, is a short-term (with a maturity of up to one year) discounted government security. . Stock indices named through out this report include reinvestment of dividend and interest mcome. . All rate of return performance results are net of annual asset-based fees, which include fund manager fees and marketing fees, and administrative fees. . On October 1, 1997 Washington Mutual Bank bought out Great Western Bank. All results are reported for Washington Mutual Bank. Page5of11 CCCSD Deferred Comp Distribution BY ADMINISTRATOR AND INVESTMENT TYPE .Q~~r:t4Il)..~;t:NDr:D:.DEeEJlJsr:R31., .18:1'...... WASHIt4GTON MUTUAL ICMA 457 ICMA 401 A HARTFORD % $9,137.232 354.831 2.517,665 $12,009,728 $7.933,176 22,148 3.748.165 $11,703,489 62.5% 2.3% 35.2% 100.0% $930,207 5,943 157,938 $1,094,088 $5,539,265 465,466 6,855.992 $12,860,723 CCCSD Deferred Comp Distribution BY ADMINISTRATOR Calendar Year Ending December 31,1997 WASHINGTON MUTUAL $12,009,728 31.9% HARTFORD $12,860,723 34.1 % ICMA 401A $1,094,088 2.9% ICMA 457 $11,703,489 31.1% TOTAL $23,539,880 848,388 13,279,760 $37,668,028 I_WASHINGTON MUTUAL _ICMA 457 [1J ICMA 401A III HARTFORD I CCCSD Deferred Comp Distribution BY INVESTMENT TYPE Calendar Year Ending December 31, 1997 SAVINGS $13,279,760 35.2% STOCK $23,539,880 62.5% I_STOCK _BONDS mnSAVINGS I Page 6 of 11 CCCSD Deferred Comp Stocks and Mutual Funds Calendar Year Ended December 31,1997 Rate of Return <!> Market Indices Dow Jones Industrial Average Standard & Poors 500 25.00% 33.10% Washington Mutual Vanguard Primecap*r* Washington Mutuallnvestors* Vanguard Index 500 Vanguard Windsor 11** Kemper-Dreman High Return Equity* Fidelity Growth & Income Fund** Fidelity Equity Income Fund Investment Company of America Dreyfus Third Century* Neuberger & Berman Partners Trust* Growth Fund of America Fidelity Magellan Fund** Vanguard US Growth*r* Vanguard Wellington Fund** 20th Century Ultra Fund Fidelity Contra Fund DFA US 9-10 Small Company* Janus* Franklin Mutual Beacon 1* Fidelity Puritan Fund** Income Fund of America Janus Worldwide* Kaufmann* EuroPacific Growth* Templeton Foreign 1* PBHG Growth* 36.51 % 32.88% 32.83% 32.11 % 31.52% 29.88% 29.58% 29.41% 28.98% 28.71% 26.48% 26.30% 25.61 % 22.91% 22.76% 22.62% 22.42% 22.34% 22.19% 22.06% 21.79% 20.14% 12.23% 8.87% 6.34% -3.63% Info only: (existing balances will remain in the phased-out funds until moved by the participant.) 20th Century Select Fund** 20th Century Growth Fund** Vanguard Wellesley Fund** Fidelity Retirement Growth Fund** 20th Century Balance Fund** Fidelity Overseas Fund** 32.22% 28.91 % 19.91% 18.25% 16.66% 10.63% * Investment option became available to plan participants on October 1997. Returns were obtained from the fund manager, less .29% Washington Mutual administration fee. ** Page 7 of 11 CCCSD Deferred Comp Stocks and Mutual Funds Calendar Year Ended December 31, 1997 Rate of Return (%) Market Indices Dow Jones Industrial Average Standard & Poors 500 25.00% 33.10% leMA Gabelli Value Equity Income Fund Broad Market Index Fund Fidelity Growth & Income Fund Fidelity Blue Chip Fidelity Magellan Fund Growth Stock Fund Putnam Voyager Asset Allocation Fund 20th Century Ultra Fund Vanguard Wellington Fund Fidelity Contra Fund Fidelity Puritan Fund Aggressive Opportunities Fund Lindner Dividend International Fund 500 Stock Index Fund*** American Century Value**** Mid/Small Company Index Fund*** Neuberger & Berman***** Overseas Equity Index Fund*** 47.10% 33.30% 30.10% 29.00% 25.90% 25.50% 25.20% 25.00% 24.60% 22.00% 22.00% 21.90% 21.40% 16.70% 12.80% 3.90% N/A N/A N/A N/A N/A *** Fund inception June 1997. Fund inception September 1997. Social Responsibility Fund was restructured as an all-equity fund as of April 1997. **** ***** Page8of11 CCCSD Deferred Comp Stocks and Mutual Funds Calendar Vear Ended December 31,1997 Rate of Return (!) Market Indices Dow Jones Industrial Average Standard & Poors 500 25.00% 33.10% Hartford Note: All the following funds except Hartford Stock became available in October 1997. American Century Income & Growth Hartford Index Hartford Dividend and Growth Hartford Stock Scudder Growth & Income Janus Twenty Fidelity Advisor Growth Opportunities Fidelity Advisor Growth & Income Skyline Special Equities II American Century Value Hartford Advisers Putnam Vista 20th Century Ultra Fund Fidelity Advisor Balanced Hartford Capital Appreciation Janus Worldwide Calvert Social Balanced Putnam International New Opportunities Hartford International Opportunities 33.22% 31.42% 30.70% 30.20% 29.21% 28.60% 27.60% 26.73% 25.14% 24.94% 23.39% 22.19% 22.09% 21.42% 21.25% 19.46% 18.99% 0.73% -0.56% Page 9 of 11 CCCSD Deferred Comp Bond Performance Market Indices I Lehman Brothers Bond Index 9.70% Washington Mutual Kemper High Yield A* Vanguard Bond Index* Bond Fund of America 11.18% 9.12% 8.87% lC.MA I Core Bond Fund** 8.10% Hartford Putnam High Yield Advantage* Hartford Bond Hartford Mortgage Securities* 12.40% 10.35% 8.04% * Investment option became available to plan participants October 1997. Fund was restructured as an index fund June 1997. ** Page 1 0 of 11 CCCSD Deferred Camp Saving Performance Market Indices I 90 Day T -Bill 5.18% Washington Mutual 5 YR CDs 3 YR CDs Liquid Savings I 5.33% 5.22% 4.24% leMA u.S. Treasury Securities Fund Plus Fund (401A) Plus Fund (457) Cash Management Fund 8.10% 6.27% 6.25% 4.60% Hartford Savings HVA Money Market* 6.30% 4.39% * Investment option became available to plan participants October 1997. Page 11 of 11 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS ':'::::11:1:1111111,1111.1111111111111.1111111111111.1 ~;OM~:N;O~, 1998 Page 1 of 8 NO. 12. BUDGET & FINANCE b. DATE October 8, 1998 TYPE OF ACTION ADOPT RESOLUTION SUBJECT ADOPT RESOLUTIONS APPOINTING BOND COUNSEL, ENGAGING PRICING CONSULTANT, APPROVING, AUTHORIZING, AND DIRECTING THE EXECUTION OF DOCUMENTS, AND AUTHORIZING THE DEUVERY OF AND APPROVING THE PREUMINARY OFFICIAL STATEMENT FOR 1998 REFUNDING REVENUE BONDS (REFUNDING ALL, OR A PORTION OF THE DISTRICT'S 1994 REVENUE INSTALLMENT CERTIFICATES) SUBMITTED BY Jarred Miyamoto-Mills, Principal Engineer Debbie Ratcliff, Controller INITIATING DEPT tOlV Engineering/Environmental Services Administrative/Accounting ISSUE: The Board of Directors' approval and authorization is required to appoint Bond Counsel, engage a Pricing Consultant and to borrow funds through the sale and delivery of long-term Refunding Revenue Bonds. BACKGROUND: In December 1994, the District borrowed $25 million through the sale and delivery of long-term (20 year) Revenue Installment Certificates at a true interest cost of 6.40 percent. The funds were used for several projects, including the Headworks, Secondary Clarifier, Disinfection Facilities, and Aeration Basin Improvements, the Cogeneration Facility and Pleasant Hill Relief Interceptor, while maintaining a prudent reserve in the Sewer Construction Fund for cash-flow management and contingencies. Current market conditions (true interest cost of 4-5 percent) offer the District an opportunity to achieve a significant savings in debt service (more than $500,000 net of the cost issuance) by refunding all, or a portion of the District's 1994 Revenue Installment Certificates. The proposed refunding was discussed at the Budget and Finance Committee Meeting/Board Workshop on October 7, 1998. Staff recommends that certificates be refunded through the negotiated sale and delivery of 1998 Refunding Revenue Bonds in an amount not-to-exceed $27 million. The firm, Jones Hall, is recommended to serve as Bond Counsel, and the firm, Stone and Youngberg, is recommended as underwriter. These firms were selected based on their participation in the original 1994 Revenue Installment Certificates offering, the experience and expertise of the team members proposed, their commitment to the project scope and schedule, references, and reasonable cost. Gary Kitahata of the firm, Kitahata & Associates, Independent Advisor on Public Finance is recommended to serve as Pricing Consultant based on his experience, expertise, and references. The cost of issuance for the 1998 Refunding Revenue Bonds is estimated at $296,000 for a partial refunding, and $364,000 for a full refunding. A breakdown of this estimate is presented in Attachment 1. JSM CWBIPM INITIATING DEPARTMEN-YSl/ .0 ~ JMMIDR jl//Jf ~ ~ U:\PPr\RICsppr2. wpd DATE October 8, 1 998 Page 2 of 8 SUBJECT ADOPT RESOLUTIONS APPOINTING BOND COUNSEL, ENGAGING PRICING CONSULTANT, APPROVING, AUTHORIZING, AND DIRECTING THE EXECUTION OF DOCUMENTS, AND AUTHORIZING THE DEUVERY OF AND APPROVING THE PREUMINARY OFFICIAL STATEMENT FOR 1998 REFUNDING REVENUE BONDS (REFUNDING ALL, OR A PORTION OF THE DISTRICT'S 1994 REVENUE INSTALLMENT CERTIFICATES) A resolution appointing Jones Hall as Bond Counsel, and engaging Kitahata & Associates as Pricing Consultant for the 1998 Refunding Revenue Bonds is presented as Attachment 2. A resolution authorizing the delivery of the bonds within specific financial parameters pursuant to a negotiated sale, authorizing staff to execute documents (including a Trust Indenture and a Trust Agreement with U.S. Bank) and approving the Preliminary Official Statement for the bonds is presented as Attachment 3. The draft Preliminary Official Statement for the bonds and the proposed indenture and agreement are on file in the office of the Secretary of the District and are being delivered to the Board under separate cover. RECOMMENDATION: Two actions are required to approve and direct the delivery of the 1998 Refunding Revenue Bonds (Refunding all, or a portion of the District's 1994 Revenue Installment Certificates) : 1) Adopt a resolution appointing Jones Hall as Bond Counsel and engaging Kitahata & Associates as Pricing Consultant (Attachment 2). 2) Adopt a resolution authorizing staff to execute documents and authorizing the delivery of and approving the Preliminary Official Statement for 1998 Refunding Revenue Bonds in an amount not-to-exceed $27 million, if debt service savings net of all cost of issuance exceeds $500,000 (Attachment 3). U:\PPr\RICsppr2.wpd Page 3 of 8 ATTACHMENT 1 1998 REFUNDING REVENUE BONDS (REFUNDING THE DISTRICT'S 1994 REVENUE INSTALLMENT CERTIFICATES) ESTIMATE OF ISSUANCE COSTS Partial EuJl 1. Underwriter (Stone & Youngberg) @ 0.69% $138,000 186,300 - Financial Advisory Fee - Underwriter's Counsel - Costs of Closure - Costs of Sale 2. Bond Counsel (Jones Hall): 50,000 55,700 - Prepare Legal Proceedings and Documents - Provide Advice and Legal Opinions on Disclosure and Tax Matters - Manage Closing and Supervise Delivery of Bonds - Prepare Transcript 3. Ratings: 30,000 30,000 - Moody's Investors Service - Standard & Poor's 4. Printing of Official Statements 15,000 15,000 5. Trustee (U.S. Bank) 7,000 8,000 - Trustee's Counsel - Trustee Services 6. Pricing Opinion 3,000 3,000 7. CPA's Cash - Flow Verification 3.000 3.000 Subtotal $246,000 301,000 Contingency @ 6% 1 5,000 1 8,000 Bond Insurance (if cost effective) 35.000 45.000 TOTAL: $296.000 $364.000 Page 4 of 8 ATTACHMENT 2 RESOLUTION NO. _ RESOLUTION OF THE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT APPOINTING BOND COUNSEL AND ENGAGING PRICING CONSULTANT FOR ITS 1998 REFUNDING REVENUE BONDS RESOLVED, by the Board of Directors of the Central Contra Costa Sanitary District, California, as follows: WHEREAS, the District has previously issued its 1994 Revenue Installment Certificates, and in order to realize interest rate savings the District now proposes to issue its 1998 Refunding Revenue Bonds (the "Refunding Revenue Bonds") for the purpose of providing funds to advance refund and defease all or a portion of the 1994 Revenue Installment Certificates; and WHEREAS, in connection with such proceeding the District requires the advice and assistance of bond counsel and a pricing consultant; WHEREAS, the law firm of Jones Hall, A Professional Law Corporation, has agreed to provide such bond counsel services, and the firm Kitahata & Associates, Independent Advisor on Public Finance, has agreed to provide such pricing consultant services; NOW, THEREFORE" the Board of the Central Contra Costa Sanitary District hereby finds, determines, declares and resolves as follows: Section 1. Appointment of Bond Counsel. Jones Hall, A Professional Law Corporation, is hereby appointed as Bond Counsel in connection with the execution and delivery of the 1998 Refunding Revenue Bonds, and that certain Agreement for Legal Services, on file with the Secretary of the District, is hereby approved, and the General Manager-Chief Engineer, the Director of Administration or the Controller are hereby authorized to execute said Agreement. Section 2. Engagement of Pricing Consultant. Kitahata & Associates is hereby engaged as Pricing Consultant in connection with the structuring and negotiation of sale of the 1998 Refunding Revenue Bonds, and that certain Agreement for Pricing Consultant Services, on file with the Secretary of the District, is hereby approved, and the General Manager-Chief Engineer, the Director of Administration or the Controller are hereby authorized to execute said Agreement. Page 5 of 8 PASSED AND ADOPTED this 15th day of October, 1998, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary of the Central Contra Costa District, County of Contra Costa, State of California Approved as to Form Kenton L. Aim, District Counsel Page 6 of 8 ATTACHMENT 3 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COST A SANITARY DISTRICT AUTHORIZING ISSUANCE AND SALE OF REFUNDING REVENUE BONDS TO REFINANCE 1994 REVENUE INSTALLMENT CERTIFICATES, AND APPROVING RELATED DOCUMENTS AND ACTIONS WHEREAS, the District is authorized pursuant to the provisions of Articles 10 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code, commencing with Section 53570 of said Code (the "Bond Law"), to issue its revenue bonds for the purpose of refunding any outstanding indebtedness of the District which is payable from the revenues of the existing enterprise of the District for the collection, treatment and disposal of wastewater (the "Wastewater System"); and WHEREAS, the District has previously financed various improvements to the Wastewater System under an Installment Sale Agreement dated as of December 1, 1994 (the "1994 Installment Sale Agreement"), by and between the District and the Central Contra Costa Sanitary District Facilities Financing Authority, and the obligations of the District under the 1994 Installment Sale Agreement are payable from and secured by a lien on the net revenues derived from the operation of the Wastewater System; and WHEREAS, in order to realize interest rate savings the District has determined to authorize the issuance and sale of 1998 Refunding Revenue Bonds in the maximum principal amount of $27,000,000 (the "Bonds") under the Bond Law, for the purpose of refinancing all or a portion of its obligations under the 1994 Installment Sale Agreement and thereby refunding a corresponding portion of the outstanding Central Contra Costa Sanitary District 1994 Revenue Installment Certificates (Wastewater Facilities Improvement Project) which evidence the District's obligations under the 1994 Installment Sale Agreement (the "1994 Certificates"); and WHEREAS, the Board of Directors wishes at this time to authorize all proceedings relating to the issuance and sale of the Bonds and the execution and delivery of all agreements and documents relating thereto; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: Section 1. Issuance of Bonds; Approval of Indenture of Trust. The Board of Directors hereby authorizes the issuance of the Bonds in the aggregate principal amount of not to exceed $27,000,000 under and pursuant to the Bond Law and an Indenture of Trust dated as of November 1, 1998 (the "Indenture") by and between the District and U.S. Bank Trust National Association, as trustee. The Board of Directors hereby approves the Indenture in substantially the form on file with the District Secretary together with any changes therein or additions thereto deemed advisable by the General Manager-Chief Engineer, Director of Administration or Controller of the District (each, an "Authorized Officer"), and the execution thereof by an Authorized Officer shall be conclusive evidence of such approval. An Authorized Officer is hereby authorized and directed for and in the name and on behalf of the District to execute, and the District Secretary is hereby authorized and directed to attest and affix the seal of the District to, the final form of the Indenture. Page 7 of 8 Section 2. Refinancing of 1994 Certificates. The Board of Directors hereby authorizes the application of the proceeds of the Bonds for the purpose of refinancing all or a portion of the District's obligations with respect to the 1994 Installment Sale Agreement and the 1994 Certificates, pursuant to the Escrow Deposit and Trust Agreement dated as of November 1, 1998, by and between the District and U.s. Bank Trust National Association, as escrow bank, in substantially the form on file with the District Secretary together with any changes therein or additions thereto deemed advisable by an Authorized Officer, and the execution thereof by an Authorized Officer shall be conclusive evidence of such approval. An Authorized Officer is hereby authorized and directed for and in the name and on behalf of the District to execute the final form of such agreement for and in the name of the District. Section 3. Sale of Bonds; Minimum Savings. The Board of Directors hereby approves the sale of the Bonds by negotiation with Stone & Youngberg LLC as underwriter (the "Underwriter"), pursuant to the Bond Purchase Agreement by and between the District and the Underwriter, in substantially the form on file with the District Secretary together with any changes therein or additions thereto deemed advisable by an Authorized Officer, and the execution thereof by an Authorized Officer shall be conclusive evidence of such approval. An Authorized Officer is hereby authorized to execute the Bond Purchase Agreement on behalf of the District, upon the determination by such Authorized Officer that the bid of the Underwriter is in conformance with the requirements of this Resolution and upon the advice of Kitahata & Company, as pricing consultant to the District. The amount of Underwriter's discount on the sale of the Bonds shall not exceed sixty-nine hundredths percent (.69%) of the par am9unt of the Bonds, and the yield at which the Bonds are sold (taking into account any original issue discount on the sale thereof) shall not exceed five and one-half percent (5-1/2%) per annum. The Bonds shall not be sold to the Underwriter unless it shall be determined by an Authorized Officer, upon consultation with the pricing consultant, that the net present value savings to be realized by the District from the refunding of the 1994 Certificates will be at least equal to $500,000. Section 4. Official Statement The Board of Directors hereby authorizes an Authorized Officer to approve and to deem nearly final, within the meaning of Rule 15c2-12 of the Securities Exchange Act of 1934, a form of Preliminary Official Statement describing the Bonds. Distribution of such Preliminary Official Statement by the Underwriter is hereby approved. An Authorized Officer is hereby authorized and directed to approve any changes in or additions to such Preliminary Official Statement for the purpose of finalizing such document, and the execution thereof by an Authorized Officer shall be conclusive evidence of approval of any such changes and additions. The Board of Directors hereby authorizes the distribution of the Final Official Statement by the Underwriter. The Final Official Statement shall be executed in the name and on behalf of the District by an Authorized Officer. Section 5. Official Actions. The General Manager-Chief Engineer, Director of Administration or Controller of the District, District Secretary and all other officers of the Board of Directors and the District are each authorized and directed in the name and on behalf of the District to make any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they or any of them might deem necessary or appropriate in order to consummate the issuance and sale of the Bonds and any of the other transactions contemplated by the agreements and documents approved pursuant to this Resolution. Whenever in this resolution any officer of the District is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer shall be absent or unavailable. Page 8 of 8 Section 6. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. ************ PASSED AND ADOPTED this 15th day of October, 1998, by the following vote: AYES: NOES: ABSENT: President of the Board of Directors 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: Charles F. Adams, President Jones Hall, A Professional Law Corporation Bond Counsel to the District