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Home My WebLink AboutAGENDA BACKUP 02-20-97 ~- {,entral Contra Costa Sanitary ilisbict BOARD OF DIRECTORS illllllllllllllll!!!llIll1llllillllllli BOARD MEFnF;;uary 20, 1997 :;:;:;:::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;:;:;:;:;::::::::::::::::::::::::::::::::::::::::::~:::::::::::;:;:;:;:;:;:;:;:;:;:;:::;:::;:;:::::::::::::::::::::::::::::::::;:::::;:::; Page 1 of 2 NO. 4. CONSENT CALENDAR d. February 10, 1997 TYPE OF ACTION ACCEPT ANNEXATION FOR PROCESSING DATE SUBJECT AUTHORIZATION FOR P.A. 97-1 (DANVILLE) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT SUBMITTED BY Dennis Hall, Associate Engineer INIT1A TING DEPT iUtV Engineering Department/Infrastructure Division Parcel No. Area Owner/Address Parcel No. & Acreage Donald R. Parker 170 Willow Drive Danville, CA 94526 216-171-006 (0.40 AC) Remarks Lead Agency 97-1 Danville (98D3) Existing house with a failing septic system; must connect to the public sewer system. Project is exempt from CEOA. CCCSD RECOMMENDATION: Authorize P.A. 97-1 to be included in a future formal annexation. 'NIT1ATI{~)Y0ENTiUt~SOD H . lit! /11 DH JSM RAB H:\PP\ANNX97-1.DH 8/6/96 ~ ~ ~ ~ ~ (Co ~ ~ ~ ~ ~~ ~ o ~ ~ , " , ~D~/"'" ~. PROPOSED ANNEXATION P.A. 97-1 ~. C~ntral Contra Costa Sanitar, District BOARD OF DIRECTORS ..:.11111111.1'.'11111111111111111111: BOARD MEEnF~;uary 20, 1997 Page 1 of 6 NO. 4. CONSENT CALENDAR e. DATE TYPE OF ACTION February 14, 1997 ACCEPT GRANTS OF EASEMENT SUBJ ECT ACCEPT GRANTS OF EASEMENT FROM FIVE PROPERTY OWNERS FOR THE SOUTH ORINDA SEWER IMPROVEMENTS PROJECT, D.P. 4928 SUBMITTED BY Ricardo Hernandez, Engineering Assistant INITIATING DEPTIDIV Engineering Department/Infrastructure Division ISSUE: Board approval is required to accept Grants of Easement. BACKGROUND: The design of the South Orinda Sewer Improvements Project, D.P. 4928, requires the acquisition of permanent sanitary sewer easements and temporary construction easements through private properties along the alignment. Appraisals have been prepared by a licensed real estate appraiser (Associated Right of Way Services) hired by the District to determine the value of the proposed easements. Agreements for permanent easements have been reached with five private property owners (see attached maps) and negotiations are continuing for additional easements. Based on recent comparable sales of similar land and the impact of the proposed easements on the value of the existing lands, the just compensation amounts for these properties are as follows. Patricia K. Andersson, Inc. One Kendra Corporation Toshiyuki and Kayoko Nakamura Loewen Family Trust Catherine L. Lambert 184 Moraga Way 120 Moraga Way 194 Moraga Way 202 Moraga Way 116 Moraga Way $1,711.00 500.00 1,531 .00 1,997.00 2,504.00 Funds for the purchase of the easements are included in the authorized budget for the South Orinda Sewer Improvements Project, D.P. 4928. On November 7, 1996, the District Board of Directors determined that this project was exempt from the California Environmental Quality Act (CEQA). A Notice of Exemption was filed with the Contra Costa County Clerk on November 8, 1996. RECOMMENDATION: Accept the Grants of Easement from Patricia K. Andersson Inc., One Kendra Corporation, Toshiyuki Nakamura and Kayoko Nakamura, the Loewen Family Trust, and Catherine L. Lambert, and authorize staff to record said Grants of Easement with Contra Costa County Recorder. ~ AND RECOMMENDED FOR BOARD ACTION hP RAB ID-G L \C:\INFRA \PP\EASEMENT. RH EX~i'~l~~I~ RIGHT OF :.;, [f!:; :::\" ~'fi::;ffOr SEWER , .. '"'~~~'X ,M. ~ "U .., n ! f~!~~\\\,\:"=.t .:'I,:~:.,"".:'1;~i! fit! "3j c:. V) M t"'I :ti~ ~')::.~ ~~Zs:. ~~C)C) ~~V)";:J;) ~ '" -... ')::. ~CJ~(;) a";:J;)\:Xl')::. \ ~ 0) %~~"t -...~~-<. ~ -<. "3j c:. V) -I SCALE: 1 "=40' l"- N U. o I'l ~ 0: I- W W J: III ~ o 30 0: IXl N ~ DRAYM BY: ~ j;: SCALE: C) -' w I 20 40 PSC 1 "=40' ~ o 'P -y Q -y AREA - ........ \:Xl ~ ~""""""":l>~ ~~zC) \ \ ~";:J;) ........C)~":l> ~"'V)(;) aO)V)":l> \~CJ a::z~ a,--, )>. ~ -<. CENTERLINE - SEWER ALIGNMENT ,&?~ ~ ~ \ ........ ~ C) \ C) C) ~ CHECKED BY: mOMAS BRO.: DATE: ELG NOV. 27, 1997 co. ASSMT. NO.: 273-140-002 ~ 0) ~ \ C) ~ C) \ C) ........ ~ ~ -y .J- ~ 0) ~ \ C) ~ C) \ C) ~ ,IS' \~. \~. '\~ \ ~ \.~. '\fA \ 0,>. \ -:..J \ 71A7 \ JOB NO.: 4928 PARCEL NO.: 20 .- EXHI8I:~~ ;:"::""'8. " . ..'." 1\ .... . .... . ,. ,-\,~~J: .. .' . ..; i /.::" : -.~1t\~ :.:--;.:..:. . OF.;.;~A.y:\~iti~~;!.f'or SEWER 1.....6....,~"..........-,~. ....,......,.-, ~ ~ ' ~, ! 1 ' 1 r":., : "; ";. ;"t "; "I": 0: 01 t f f ! f ! :0 ( . RIGHT ~ o -::0 y Q y SCALE: 1"=40' CENTERLINE - SEWER ALIGNMENT ..... N \'V ~ \ C) '" -... \ C) -... ~ l!> OJ o ~ 0:: ... 1:::1 :x: VI FEE T ~ ~~ 3:' 0 10 20 0:: GO N :g DRAWN BY: I -40 CHECKED BY: lliOMAS BRO.: PSC ELG NOV. 27, 1997 71A6 ~ ~ SCALE: Cl ...J W DATE: CO. ASSMT. NO.: 273-051-001 1 "=40' ___,._______m._'_'..__.__,_._,_._~___.~._.,._,___.,_.~_"._..,____~'"_~.'^_.,.__________,_____,__..._._.___...,_..___.___,._. .,.."'___".__...'"'.____,________...,__"_'".__._.__~" % y ,l.. \ \~ \~ \~~ \~ \ ~ '\ JOB NO.: PARCEL NO.: ~ .-> \~ \~ \~ ,:..;I 4928 11 RIGHT EX~~~~':l\I!!~ . i.... f, ; : : -:::.~~ :-:-:~.:. . OF' w,(Jl'X' ..:..". ';'Y4il\;t..:}f" ':or SEWER 1/\ .... ~.'. I\lt.'... .." ".,,0.....' .~ .......... ....... ..... . ,.... ~,' ~".:.. ! 1: 1: 1: 1: ~ 1: 1: 1: " 1: r ':' :'J";" '''1' OJ'1 ' { ( . ~ I ,-1-- \~. \~. ,.? \~ \. \ CENTERUNE - SEWER AUGNMENT ~~ ~ .-> '0 '-. - ~)7'~ ~ -v~ '-. 0 c.., ~ ',...:'> '->::;oc"', ~ ~ " , ,- 3<"': r- ....... ....... );~ ~ ~~ <:::> r r ,.J..... C <,~,'.. '-. ~ ,oe:,...' ... S> ~ '~~ -<::,~ ~ ~'-..... ' -... __A I' C'I "- o "" ~ 0:: I- W W :I: 1Il ~ ~.-> ~ <.9~ ~~ r-;.~~ <.9 C'I ~~ ~ :0)7'0 ~ .-> % )7' .-> ~ ~~ '0 ~ <: )7",.J..... " ~<' o 'S/ .A ~ ~C- ~....A ~b SCALE: 1"=40' ~ o ~ 0:: CIO C'I ~ DRA'M'l BY: W ..J iL: SCALE: C> ..J .... CHECKED BY: THOMAS BRO.: PSC 1 "=40' ELG 73A1 DATE: NOV. 27, 1997 CO. ASSMT. NO.: 273-140-012 ~6"' \9 '-. o '0 '-. S> :li? JOB NO.: 4928 PARCEL NO.: 21 EXHIBt::F;<;~B. v . . :<',' -s~~}J .'.'.,. . . i:/f/:::": :::::~~~\~ ::::::::: : RIGHT ~F~'~;~i~X:;~j~!;f~'f~~ r !SEWER / / / / / / ~ / <- / o~ ll:J <- ~ '" , "V "'(xr~.~ , u6' ~6'~ 'It-- ~ ~~ <.9 " ~ ? "- <=b <9 ~ O-'P AlQ AI Jt, AI)- AREA - 705 S.F.:f: CEN1ERLlNE - SEWER ALIGNMENT ~o ,... ~ ~<'~ ~~ ~ Y"'~ Y"'Q ~ ~ "% Y'" ~ <.9 <:<' ~ ~ <..:5' Y"', ,,:srs:, .- C>~ q, t'- N ~ SCALE: co ~ a:: I- w w :x: en FEE T ~ ~- 3i 0 10 20 a:: to N :g DRAWN BY: I 40 THOMAS BRO.: CHECKED BY: 73A1 ELG NOV. 27, 1997 CO. ASSMT. NO.: 273-152-008 ~ r;: SCALE: C> .J "" PSC 1 "=40' DATE: ~ <.9 " o~ ? " 00 ~ JOB NO.: 4928 PARCEL NO.: 23 RIGHT EXHIBIT"":'~"'BV . . . "'f'_\;~~ ..:.:, p,f,\,~\'~WI~.,~r~,~, ,SEWER z -... -... ~ ~ ~~ ~ ~O) ~ ~~r-C) \O)")>.?;) ~C)~~ ~?;)t"t\")>. \~ %\0 ~ ~~ "'" ~~ c.~ ~rj ~~ ~*' \ <A ~ ~ ~ ~ ~~ S:. \..t~r-C) \ \ ")>.?;) C)~<")>. ~~'=><0 ~~t"t\")>. \\0 C)~ ~ ~~ )>. \0 "'" AREA = 1,144 S.F.:I:: -... -... 0) ~~ ~ ~\Or-~ ~O)")>.CJ \ \ S:.?;) ~~~")>. ~~~~ \~-\-.c:;:. ~~ ~ C) "'" SCALE: C) <. t"t\ -.., x.~ ~-t>.. ~~BS:. ~~?;)C) \ \ ")>.?;) .~ C) ")>. ~\OC)<0 -..,0) C)")>. \\O:J;J ~\)-.c:;:. <::)~C)~ <::) '--' ?;) ")>."'" :::j C) <. ,... N "'- o co o ~ 0:: I- ~ ~ ~ ~- '" 0 10 20 0:: CO N 3: DRAWN BY: CHECKED BY: THOMAS BRO.: ELG NOV. 27, 1997 psc 1 "=40' DATE: ~ iO: SCALE: C> -' W CO. ASSMT. NO.: 273-042-010 ~ o jO y (;) y 71A6 JOB NO.: PARCEL NO.: %. y ...l.. \s \~ \~~ ~ :/ \ 4928 10 ~. Central Contra Costa Sanitary District BOARD OF DIRECTORS :::::i5..II.:.:.:::::.:.::::i..iI::i5':i.lIne~II@@@:: BOARD MEETING OF :::::m:II.":,,:t:,,::::BIII::mm']t::.,,,,:t,,;:;::::::II February 20, 1997 Page 1 of 5 NO. 5. HEARINGS a. DATE TYPE OF ACTION February 14, 1997 CONDUCT HEARING - AUTHORIZE RESOLUTION SUBJECT HOLD A HEARING AND ADOPT A RESOLUTION OF NECESSITY FOR THE PURPOSE OF INITIATING EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION OF PUBLIC SEWER EASEMENTS FOR THE SOUTH ORINDA SEWER IMPROVEMENTS PROJECT, D.P. 4928 SUBMITTED BY Tad J. Pilecki, Senior Engineer INITIATING DEPTIDIV Engineering Department/Infrastructure Division ISSUE: A hearing must be conducted and a Resolution of Necessity must be adopted to initiate eminent domain proceedings for acquisition of public easements. BACKGROUND: The 1986 Collection System Master Plan identified numerous sewers with inadequate wet weather hydraulic capacity in the Orinda area. Wet weather overflows occur frequently along the Moraga Way trunk sewer during the rainy season. Four wet weather overflows occurred in the Orinda area during the recent heavy rains. Overflows are of particular concern since the watershed drains into San Pablo Reservoir, a drinking water supply for East Bay Municipal Utility District. Some Orinda sewers also experience periodic dry weather overflows due to root and grease blockages and structural deficiencies (off- set joints, damaged pipe, etc.). The majority of the collection system is over forty years old and requires extensive maintenance to keep it functioning. The South Orinda Sewer Improvements Project will address many of these problems and has been the subject of several recent Board reports and decisions. In evaluating how to address the overflow problems in Moraga Way, staff concluded that the geographic limitations precluded a new alignment that could be constructed utilizing open cut construction without seriously impacting traffic in Moraga Way. Further evaluation showed that even a microtunneling operation could not be utilized within the Moraga Way right-of-way without seriously impacting traffic. After careful evaluation, staff determined that a microtunneling operation with bore/receiving pits located on private property could be utilized to minimize traffic impacts. Staff evaluated feasible locations for bore/receiving pit sites based on required staging areas, proximity of improvements and San Pablo Creek, major trees, feasible push lengths, overall cost effectiveness, and the desire to keep the alignment accessible from above if the tunneling equipment should get stuck. These requirements resulted in only one combination of bore/receiving pits that would work. This alternative, although more expensive, will result in significantly less impact on Moraga Way than other alternatives. It will, however, result in protracted construction impacts on the properties where bore/receiving pits are located. ~ AM) RE~ FOR BOARD ACTION JSM RAB /II( ffj ID-GL \C:\INFRA \PP\49 28HEAR. T JP ....i.i!:.:.:.!.:I,I:.IIIIIIII!I.lllllt:i41:!.I:III~I.1.1.1:1,1:1 DATE February 14, 1997 I Page 2 of 5 SUBJECT HOLD A HEARING AND ADOPT A RESOLUTION OF NECESSITY FOR THE PURPOSE OF INITIATING EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION OF PUBLIC SEWER EASEMENTS FOR THE SOUTH ORINDA SEWER IMPROVEMENTS PROJECT, D.P. 4928 District staff is in the process of completing the design for Phase 1 of the South Orinda area which includes 8,000 linear feet of microtunneling in Moraga Way. To reduce the traffic impacts on Moraga Way, the pits for the microtunneling operations have been located on private property. The selected alignment resulted in the need for permanent and temporary easements across 34 properties. District staff has been negotiating for these easements. Staff has been unable to obtain property rights from owners of six properties. These are Breed A-operties; Kent E. and Barbara J. Hagen; Wallace M. and Kathryn C. Francis, Trustees; John and Mary McDonnel Trust; Corinne A. Lampke; and Betty N. Yee, Trustee. Each of these property owners has received an offer of just compensation based on an appraisal prepared by a licensed real estate appraiser. District staff and Associated Right of Way Services have continued negotiating with these property owners in the hope of reaching an agreement. It is now appropriate to proceed with the adoption of a Resolution of Necessity to obtain needed property rights to provide for a timely start of construction of the project. A-ior to adopting a Resolution of Necessity, the District must conduct a hearing to receive input from the property owners. A-operty owners have been notified at least 16 days in advance of the hearing, as required by law. If the Board adopts a Resolution of Necessity and authorizes the filing of condemnation complaints and the deposit of probable amounts of compensation, the District may apply to the Court for Orders For Immediate Possession. Even if the Court were to grant such an order, it is possible, depending upon Court rulings, that it might take ninety days or more after the issuance of the order for the District to obtain possession. Given these time restrictions it is advisable that the Board take action regarding the Resolution of Necessity at this time. Specific details of the eminent domain issues will be provided to the Board in closed session. Staff will provide a brief presentation to the Board on the route selection and eminent domain issues in open session. On November 7, 1996, the District Board of Directors determined that this project was exempt from the California Environmental Quality Act (CECA). A Notice of Exemption was filed with the Contra Costa County Clerk on November 8, 1996. RECOMMENDATION: Conduct a hearing to receive input from property owners on the following issues: 1 . Whether the public interest and necessity require the project; 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and 3. Whether the property rights sought to be acquired are necessary for the project. After the conclusion of the hearing, adopt the attached Resolution of Necessity to acquire permanent and temporary easements by eminent domain for the South Orinda Sewer Improvements A-oject, District A-oject 4928. The resolution will also authorize the filing of eminent domain actions, the deposit of amounts of probable compensation, and the application for Orders For Immediate Possession. ID-GL \C:\INFRA \PP\49 28HEAR. T JP RESOLUTION NO. A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PUBLIC EASEMENTS FOR SEWER PURPOSES AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS WHEREAS, Pursuant to the State of California Health and Safety Code Sections 6514 and 6512, the Central Contra Costa Sanitary District is empowered to acquire sewer line easements for public use, to wit, for purposes related to wastewater collection and transport, and the District intends to construct, own, and operate sewers as part of its South Orinda Sewer Improvements, D.P. 4928; and WHEREAS, the Central Contra Costa Sanitary District has identified the need to acquire permanent and temporary publiC sewer line easements more particularly described in Attachment "A," attached hereto for said purposes, and said easements are located within an incorporated area of Orinda, Contra Costa County, State of California; and WHEREAS, on February 3, 1997, the District gave mailed notice as required by law of the hearing on this Resolution to the following property owners: Richard F. and Joanne Lande; Breed Properties; Kent E. and Barbara J. Hagen; Wallace M. and Kathryn C. Francis, Trustees; John and Mary McDonnel Trust; Corinne A. Lampke; Edward D. and Joy L. Millpointer; Betty N. Yee, Trustee; Jivendra K. and Patricia I. Kale; and WHEREAS, said hearing was held on February 20,1997; and WHEREAS, a timely, written request to appear and be heard was received from certain property owners; and WHEREAS, all oral and documentary evidence has been duly considered. NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District, does FIND, DETERMINE, AND RESOLVE as follows: 1. The public interest and necessity require the proposed project for which said public sewer easements are to be acquired. 2. The subject project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; 3. Said public sewer easements are necessary for the proposed project; and 4. The offers required by Government Code Section 7267.2 have been made to the owners of record of the subject property. BE IT FURTHER RESOLVED THAT: The Counsel for Central Contra Costa Sanitary District, Kenton L. Aim, is hereby authorized and empowered: To acquire in the District's name, the above referenced public sewer line easements by condemnation; To prepare and prosecute in the District's name, such proceedings in the proper court as are necessary or appropriate for such acquisition; and To deposit the probable amount of compensation, based on an appraisal, and to apply to the appropriate court for orders permitting the District to take immediate possession of and use said sewer line easements for said public uses and purposes. PASSED AND ADOPTED this 20th day of February 1997, by the District Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: NOES: ABSENT: Members Members 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: District Counsel C o ~ ., u o .... ; ~... G) ., C G) ~G)u. 8.EG) E : <- ~Et:: 00)Q) """Co. ,., 0 0 +lcoCi ex) .... ..... ~ N o - - Q) 0) - .....0) .....r::. +I.... _0) o c o E - Q) COO) ~ .r::. CO E........ .- a. c X Q) 0 CO-o'::: E c >- CO'';: t:: E 0) 0) o ~ g. ... ... u.. 0 a. It) ..... N N ...-0 Q) C C CO ... 0 0_ U..o-o ....COO CI) 0.. 0 to 0 :> 0) C :> .r::.._~ ....Eo o to ~ zum -0 Q) Q) ... m M -0 CO o a: -0 ... to .r::. o ... o v c Q) 0) to :I: It) .... >- ~ Q) a. o ... a. - o - o 0) ... 0) Q) CO .... .... C C Q) 0 U.::: ... Q) C ... o o .... CI) to >- Q).... .r::.... .... Q) ~ a. o ~ WOo o It) .... .... It) .... ..j .... OC1)~ E.r::. Q; ....0. ~ 0) 0 E c ... 'x ~ a. to to '0 E -E c CO 000 O~'€ .... 0 ~.~ a. Q)........ _Q)CI)Q) 00) tOO) -O)tO Eco-5.... o....~c "'+100 u.. CI) .::: N It) N .... >- to ~ to 0) to ... o ~ N ..... .... CI) '0 C to ... u.. C>> .... ATTACHMENT A - o ... Q) C ... o o .... CI) >- to.... Q) ... .cQ) ....0. ... 0 o ... ZOo v C>> C>> - _0 0.... E ~ ~ E .S 0) X C to 0 E"ii to.r::. 0....0) ....g-g> ~-ot: 0) c 0 ~.- '- N....- +I~~ - ... EO ~ oN 0 &t+lCi ex) ex) N ~ M >- CO ~ CO 0) to ... o ~ <0 C>> .... Q) C C o C o ~ N N "ii 0) c o to >- ....t:: 0) 0) Q) 0)0.0) -Oto 0....... M a. c +I - 0 0'::: v It) C>> ~ .... - o E- ~ 0 E to 'x 0) to C E~ to to o-EQ) ....0.0) .... Q) to Q) -0 .... Q) C -co N'- ... ....- ....Q)>- +10).... - ... Em ~ o .... 0 &t+lCi M N ex) .... >- to ~ to 0) to ... o ~ V o N 0) ~ a. E to ....J V N - o ,... en - ..,. - N ... Q) C ... o o .... CI)>- to.... Q) ... .c Q) ....00 ... 0 o ... ZOo o o M .... - 0_ o E.... ~ ... E ~ 'x 0) E a to to o.r::. Q) ....~O) .... Q) to Q) -0 .... Q) C -co ex) '';: .::: ....Q)>- +I.f?t:: EO ~ oN 0 &t+lCi v .... <0 >- to ~ CO 0) to ... o ~ ex) o M Q) Q) >- l= ~ 0( o z a: o II) >= 0( -, -:: :I: - 0( a: u. ~ It) M Central Contra Costa Sanitary District February 4, 1997 File: 4928.5.1.5 CERTIFIED MAIL - P 276-422-235 ROGERJ. DOLAN General Manager Chief Engineer KENTON L AIM Counselfor the District (510) 938-1430 NOTICE OF PUBLIC HEARING ON THE RESOLUTION OF NECESSITY REGARDING CONDEMNATION OF PERMANENT AND TEMPORARY EASEMENTS APN: 273-042-008- 110 MORAGA WAY, ORINDA APN: 273-042-009 JOYCE E. MURPHY Secretary of the District Richard F. Lande Joanne Lande 110 Moraga Way Orinda, CA 94563 Dear Richard and Joanne Lande: Mr. Rick Hernandez has informed me that you have issues related to the latest right-of-way agreement which you wanted to discuss with Tad Pilecki. Since Mr. Pilecki is on vacation, Mr. Hernandez is attempting to contact you to discuss these issues. The South Orinda Project schedule includes a hearing on February 20, 1997, at which time the District's Board of Directors will consider taking legal action to acquire easements from those property owners who have not as yet signed right-of-way agreements. Since you have not signed an agreement, it is necessary to send you this letter to comply with the notice requirements for the hearing. If the issues you recently raised are resolved before the hearing, you may disregard this notice. I thank you for your cooperation to date, and I will be contacting Mr. Hernandez to check on the progress of resolving your issues. Central Contra Costa Sanitary District (District) is in the process of completing the design for Phase 1 of the South Orinda Sewer Improvements Project. The project is required to reduce the potential for both dry and wet weather overflow of sewage into San Pablo Creek, which flows into San Pablo Reservoir, an East Bay Municipal Utility District drinking water supply. A portion of the South Orinda Sewer Improvements Project includes 8,000 linear feet of microtunneling in Moraga Way. To reduce traffic impacts on Moraga Way, the pits for microtunneling operations have been located on private property. The Phase 1 South Orinda Project is scheduled to be advertised for competitive bidding in March 1997, in order to take full advantage of the summer construction season. Either the District's right- of-way agents, Associated Right of Way Services, or the District's right-of-way person, Rick Hernandez, has contacted you or attempted to contact you to present an offer of just compensation. Additionally, we have previously provided you the Statement of and Summary of Basis for the amount established as Just Compensation. To date the District has been unable to secure the property rights across your property required for the project. To ensure timely possession of the property rights, the District is moving toward commencing eminent domain proceedings. This is ID-G L \C:\INFRA \DP\49 28\Lande. L2 @ Recycled Paper Richard F. Lande Joanne Lande Page 2 February 4, 1997 necessary at this time due to the notification/time requirements associated with the eminent domain process. The eminent domain process is essentially one by which the District asks the court to provide the District property rights for a public project, in exchange for compensation determined by a court or jury. The first part of this process is the adoption of a resolution of necessity by the District's Board. The law requires that certain parties be notified by the District concerning the resolution of necessity hearing. Please be advised that a public hearing is scheduled at the District Board Room at the above address on February 20, 1997, at 3 p.m. The purpose of this hearing is to consider information as further identified below. It is intended that a resolution of necessity regarding condemnation to acquire easements across your property will be adopted at the meeting on February 20. You are hereby notified that you have the right to appear at the hearing and be heard concerning the issues set forth in the California Code of Civil Procedure Section 1240.030, which are: · whether the public interest and necessity require the District's project; · whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and · whether the subject easements are necessary for the project. In order to appear and be heard at the hearing, you must file with the Secretary of the District, Joyce Murphy, within fifteen (15) days after the date of mailing of this notice, a written request to appear and be heard. Failure to do so will result in waiver of your right to appear and be heard. The District's negotiators, Associated Right of Way Services or Rick Hernandez, will continue to discuss relevant issues with you concurrent with the District taking steps to obtain rights to enter your property. It remains our desire to reach an agreement with you on compensation for the property rights required for the District's project. Sincerely, a1j~f~ 1a75. McCoy/" Infrastructure Division Manager JSM/vh cc: M. Cornelius R. Hernandez J. Murphy T. Pilecki B. Tannenbaum (ARWS) ID-GL \C:\INFRA \DPl492B\Lande. L2 Central Contra Costa Sanitary District February 3, 1997 File: 4928.5.1.5 CERTIFIED MAIL - P 621 909 648 ROGER J. DOLAN General Manager Chief Engineer NOTICE OF PUBLIC HEARING ON THE RESOLUTION OF NECESSITY REGARDING CONDEMNATION OF PERMANENT AND TEMPORARY EASEMENTS APN: 273-140-091 - 172 MORAGA WAY, ORINDA KENTON L. AIM Counselfor the District (510) 938-1430 JOYCE E. MURPHY Secretary of the District Wallace M. Francis, Trustee Kathryn C. Francis, Trustee The Francis 1986 Family Trust 172 Moraga Way Orinda, CA 94563 Dear Mr. and Ms. Francis: Central Contra Costa Sanitary District (District) is in the process of completing the design for Phase 1 of the South Orinda Sewer Improvements Project. The project is required to reduce the potential for both dry and wet weather overflow of sewage into San Pablo Creek, which flows into San Pablo Reservoir, an East Bay Municipal Utility District drinking water supply. A portion of the South Orinda Sewer Improvements Project includes 8,000 linear feet of microtunneling in Moraga Way. To reduce traffic impacts on Moraga Way, the pits for microtunneling operations have been located on private property. The Phase 1 South Orinda Project is scheduled to be advertised for competitive bidding in March 1997, in order to take full advantage of the summer construction season. Either the District's right-of-way agents, Associated Right of Way Services, or the District's right-of-way person, Rick Hernandez, has contacted you or attempted to contact you to present an offer of just compensation. Additionally, we have previously provided you the Statement of and Summary of Basis for the amount established as Just Compensation. To date the District has .been unable to secure the property rights across your property required for the project. To ensure timely possession of the property rights, the District is moving toward commencing eminent domain proceedings. This is necessary at this time due to the notification/time requirements associated with the eminent domain process. The eminent domain process is essentially one by which the District asks the court to provide the District property rights for a public project, in exchange for compensation determined by a court or jury. The first part of this process is the adoption of a resolution of necessity by the District's Board. The law requires that certain parties be notified by the District concerning the resolution of necessity hearing. Please be advised that a public hearing is scheduled at ID-Gl \C:\INFRA \DP\4928\PUBHEAR.NTC @ Recycled Paper Wallace M. Francis, Trustee Kathryn C. Francis, Trustee Page 2 February 3, 1997 the District Board Room at the above address on February 20, 1997, at 3 p.m. The purpose of this hearing is to consider information as further identified below. It is intended that a resolution of necessity regarding condemnation to acquire easements across your property will be adopted at the meeting on February 20. You are hereby notified that you have the right to appear at the hearing and be heard concerning the issues set forth in the California Code of Civil Procedure Section 1240.030, which are: · whether the public interest and necessity require the District's project; · whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and · whether the subject easements are necessary for the project. In order to appear and be heard at the hearing, you must file with the Secretary of the District, Joyce Murphy, within fifteen (15) days after the date of mailing of this notice, a written request to appear and be heard. Failure to do so will result in waiver of your right to appear and be heard. The District's negotiators, Associated Right of Way Services or Rick Hernandez, will continue to discuss relevant issues with you concurrent with the District taking steps to obtain rights to enter your property. It remains our desire to reach an agreement with you on compensation for the property rights required for the District's project. Please feel free to contact the undersigned at (510) 229-7273 or Rick Hernandez at (510) 229-7132. Sin~ fJ~' ~J'~Cki Senior Engineer T JP/vh cc: M. Cornelius R. Hernandez J. McCoy J. Murphy B. Tannenbaum (ARWS) ID-Gl\C:\INFRA \DP\49 28\PIJBHEAR. NTC Breed Properties - Certified Mail P 621 909 654 Brookwood Road P. O. Box 20490 Oakland, CA 94620 273-021-010 cc: Tom Cranmer, Cranmer Associates, Inc., 1511 Treat Blvd., Walnut Creek, CA 94598 Kent E. Hagen - Certified Mail P 621 909 649 Barbara J. Hagen 4 Orchard Road P. O. Box 2143 Orinda, CA 94563 269-032-009 Wallace M. Francis, Trustee - Certified Mail P 621 909 648 Kathryn C. Francis, Trustee The Francis 1986 Family Trust 172 Moraga Way Orinda, CA 94563 273-140-001 John and Mary McDonnell Trust - Certified Mail P 621 909 650 196 Moraga Way 28 Honey Hill Road Orinda, CA 94563 273-140-011 cc: Dan McDonnel, 196 Moraga Way, Orinda, CA 94563 Margaret M. Twomey, 28 Honey Hill Road, Orinda, CA 94563 Corinne A. Lampke - Certified Mail P 621 909 651 204 Moraga Way Orinda, CA 94563 273-152-009 Edward D. Millpointer - Certified Mail P 621 909 652 Joy L. Millpointer 300 Moraga Way Orinda, CA 94563 272-050-052 Betty N. Yee, Trustee - Certified Mail P 621 909 653 Betty N. Yee Revocable Trust 308 Moraga Way Orinda, CA 94563 272-050-030 Jivendra K. Kale - Certified Mail P 621 909 655 Patricia I. Kale 208 Moraga Way Orinda, CA 94563 273-152-010 C:\INFRAIDP\4928\CONDEMN9.LST 2/4197 _._-- -"-----~-,._._..,._--_."~.~_._.._~------~_.__._-~_.._..-..-.-.---. '.._-.-"~ , - PROPERTIES SUBJECT TO EMINENT DOMAIN ACTION Breed Property Payless Shopping Center Parking Lot Hagan 4 Orchard Road Gable - Postlewait 156 Moraga Way Francis 172 Moraga Way McDonnell Nursery 196 Moraga Way Lampke 204 Moraga Way Sugimura 21 6 Moraga Way Millpointer 300 Moraga Way Yee 308 Moraga Way IO-GL \C:\INFRA \OP\49 2B\EMINENT. SUB Central Contra Costa Sanitary District BOARD OF DIRECTORS 11111111111:::::::::::<:::::::<::lll;;;.II'I:I'IIIIIII: BOAA> MErn~:brUary 20, 1997 Page 1 of 3 NO. 8. ENGINEERING a. DATE TYPE OF ACTION February 14, 1997 AUTHORIZE FUNDS SUBJECT AUTHORIZE $120,000 FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT FOR ENGINEERING AND INTERIM REPAIRS TO THE COLLECTION SYSTEM AT VARIOUS LOCATIONS, 1996-97 STORM DAMAGE PROJECT, DP 5205 SUBMITTED BY Curtis W. Swanson, Principal Engineer INITIATING DEPT,tltV Engineering Department/Infrastructure Division )SSW;: Authorization by the Board of Directors is required for allocations from the Collection System Program Contingency Account in amounts greater than $25,000. BACKGROUND: Severe winter storms in late December 1996 and early January 1997 have caused damage to the collection system at five known locations. Interim repairs are being made to prevent further damage. Additional storm damage may be discovered or occur as the winter progresses. An allocation of $120,000 is requested to cover the total cost of the interim repairs and to perform engineering and design of long-term repairs to four of the five damaged sites. Long-term repairs at the other site will be accomplished by other parties. Construction of the permanent repairs will occur during summer and early fall 1997. Engineering and design will be accomplished by District staff and outside geotechnical consultants. Interim repairs have been or are being made by District Collection System Operations Department crews and construction contractors. A summary of the estimated costs is shown in Attachment 1. The cost of interim repairs is estimated to be $53,000 with a total cost of $145,000, including engineering for long-term repairs. These interim repairs were constructed under an emergency authorization confirmed by the Board of Directors on February 6, 1997. An initial contingency allocation of $25,000 was approved by the General Manager-Chief Engineer in early January to begin this work. An additional $120,000 is required to cover this total cost. The interim repair work performed under the Board's emergency authorization was essentially complete on February 13, 1997. Therefore, authorization to expend funds in amounts greater than $10,000 without competitive bidding is no longer needed. The follow-on work will be competitively bid unless additional emergencies arise. This project is not included in the 1996-97 Capital Improvement Budget (CIB). There are adequate funds for this project in the Collection System Program Contingency Account of the CIB. INITIATING DEP~~ (~, II t1v RAB li11:illlliilli111.1.lli:i:'!:"IRI:::::::.',! DATE February 14,1997 I Page 2 of 3 SUBJECT AUTHORIZE $120,000 FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT FOR ENGINEERING AND INTERIM REPAIRS TO THE COLlECTION SYSTEM AT VARIOUS LOCATIONS, 1996-97 STORM DAMAGE PROJECT, DP 5205 Staff has concluded that these projects are exempt from the California Environmental Quality Act (CEOA) under CEOA Statute Sections 21080(bH2), (3), (4) since they involve emergency repairs to public service facilities necessary to maintain service; projects which maintain, repair, restore, demolish, or replace facilities damaged as a result of a disaster in disaster-stricken areas in which a state of emergency has been declared by the Governor; and specific actions necessary to prevent or mitigate an emergency. The Board of Directors' approval of these projects will constiMe an independent finding that these projects are exempt from CEOA. RECOMMENDATION: Authorize the General Manager-Chief Engineer to allocate $120,000 from the Collection System Program Contingency Account for the 1996-97 Storm Damage Repair Project, DP 5205. _._-------------~.__.~_.._'".._- ATTACHMENT 1 1996-97 STORM DAMAGE REPAIRS DISTRICT PROJECT NO. 5205 COST ESTIMATE/ALLOCATION SUMMARY SITE/ACTIVITY ORINDA COUNTRY CLUB COST ESTIMATE Interim Repairs $ 5,000* 17 LOMBARDY LANE. ORINDA Design/Drafting/Survey Geotechnical Consultant Project Management/Legal Permits, Other Expenses Interim Repairs 621 AND 627 MINER ROAD. ORINDA $ 3,000 0 1 ,000 1,000 1 0.000* $ 15,000 $ 12,000 4,000 3,000 1 ,000 5.000* $ 25,000 Design/Drafting/Survey Geotechnical Consultants Project Management/Legal Permits/Other Expenses Interim Repairs FORMER SACRAMENTO NORTHERN RAILROAD RIGHT OF WAY. MORAGA Design/Drafting/Survey Geotechnical Consultants Project Management/Legal Permits, Other Expenses Interim Repairs $ 16,000 6,000 8,000 4,000 23.000* $ 57,000 QUAIL RIDGE ROAD. LAFAYETTE Design/Drafting/Survey Geotechnical Consultants Project Management/Legal Permits, Other Expenses Interim Repairs $ 10,000 4,000 6,000 2,000 10.000* $32,000 $ 11,000 $145.000 $ 25,000 $120,000 Repair/Design Project Contingency TOTAL Less Initial Contingency Allocation Requested Contingency Allocation * Interim repairs total $53,000 Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 2 ........................................................... f'II....;::...::.:::.:;;;;;:.::':.:...:::...::......;;:;....;:;;.I....:'::.:;;;;;..::'II.....::r...::::rrmfm BOARD MEETING OF .~:~:~ :::;:::;:, :::::;' t.:-,- {:~:~', :::::;' : :;-, :~:~:~:~:~:~:~:~:;:~:~ Februar 20 1997 :':::,{,:,:,:,)":::::,:,,,,:,,::,:,{,,:,,:,:,,::,:,:,,:,,::,:",:,:"}:",:"":::,::,:,:,:,)),,,,,: y , NO. 9. TREATMENT PLANT a. DATE TYPE OF ACTION February 14, 1997 ACCEPTANCE OF REPORT SUBJECT BOARD ACCEPTANCE OF THE 1996 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REPORT SUBMITTED BY Charles W. Batts, Plant Operations Department Manager INITIATING DEPTtOlV Plant Operations Department ISSUE: The Central Contra Costa Sanitary District's (CCCSD) 1996 National Pollutant Discharge Elimination System (NPDES) and Collection System Overflow Monitoring Program Report has been prepared for submission to the California Regional Water Quality Control Board (RWQCB), San Francisco Bay Section. The annual report, which is sent separately to the Board of Directors, is presented for its information and acceptance. BACKGROUND: Treatment Plant -- There was a total of 16,763 million gallons of wastewater treated for an average daily flow of 45.8 million gallons. This flow is about 4 percent higher than the 1995 average of 44 million gallons per day and is due mainly to the wet winter of 1996. The treatment plant produced an effluent with an annual average carbonaceous biochemical oxygen demand (CBOD) and total suspended solids (TSS) concentration of 6 mg/L each. This is markedly lower than our NPDES permit standards of 25 mg/L and 30 mg/L, respectively. The CBOD and TSS removal efficiency for the plant averaged 96 percent each. Solids disposal during this year involved the incineration of dewatered sludge in the District's multiple- hearth furnaces. Approximately 3,876 tons of furnace ash was produced. Of this, about 10 percent was taken to Vasco Road Landfill, and the remainder was used as the foundation layer for the final cover of Colusa County Landfill. The ash met regulatory requirements for final disposal throughout the year. The Treatment Plant met all effluent requirements throughout the year except for 20 non-zero chlorine residual exceedences and one pH limit exceedence. This compliance record was achieved as normal treatment plant operation was disrupted to accommodate the following construction projects: Ultraviolet Disinfection Facility, Aeration Basin Selector, and Aeration Basin Improvements. The number of chlorine residual limit exceedence events are 23 percent less than 1995. Only eight of these events exceeded the RWQCB's concentration threshold, and none exceeded the duration threshold. The RWQCB established the concentration/duration threshold approach for chlorine residual violations because they realized how difficult it is to have no chlorine residual all of the time; the threshold approach allows the RWQCB not to take enforcement action against exceedences below the established threshold. ~ AND F1ECOMVIENDED FOR BOARD ACT10N INITIATING DEPARTMENTtOIV1Sl0N 5 :\96FINALN\POSP APR.96 ...................................... ........ .............................1 ::1:::::::1:1:::::1:~1II:::::::::\:::::::::\~1I:::::::::::~:1::::.:::::::::::::::::.::::::::::::t.::::::f:::1i1:1:1:1..::::::::::::.:/::::\:.::::::::::::::::::::::::.::::::::::::::i::::1i:i1:1i1i1!1!OATE ........... .... .. ... ........ . ....... .... .... .. ........... ..................... ........ . .' ..... .... . . ,',', ......... ....... ... . ....... ... ,', ..................... :::::::::::::::::;::::';'::::::::::;';':';';:;::::':".:.::;.:.::::;::.:.;:::;.;.;:;::.:...:.::;::.:.::;:;.:.:.;:;:;:;::.:::.:::::::::.::;:;:;.:.:.:.:.;:;:;:;.:.:.:.:.:.:.:.::;:;.:.::;:;:::::;:;:;:;;;:;; February 14, 1997 I Page 2 of 2 ~\I:lE€f BOARD ACCEPTANCE OF THE 1996 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REPORT On December 26, 1996, approximately 7,000 gallons of treated effluent were spilled over IT property due to a leak in the outfall pipe. This leak occurred when a coupling failed at the outfall riser. The coupling was replaced, and the leak was stopped within three hours of the first report. This leak caused no harmful impacts on the receiving water of the pond at the IT site. Collection System - The District was issued a new NPDES permit on May 25, 1995. The provisions of the new NPDES permit continued the requirement that the annual Self Monitoring Report cover the operation of the treatment plant and added the requirement to submit data on the operation of the collection system. The District's collection system had 30 overflows over 100 gallons during 1996. Seven of the 30 overflows exceeded 1,000 gallons. The three larger overflows resulted from a pipe failure, the discharge of water by a contractor, and construction debris in the pipe, respectively. The remaining overflows were caused by roots and grease deposits in the sewers. Upon acceptance of this report by the Central Contra Costa Sanitary District Board of Directors, the 1996 Annual Self Monitoring Program Report will be submitted to the California Regional Water Quality Control Board. RECOMMENDATION: Acceptance of the 1996 National Pollutant Discharge Elimination System and Collection System Overflow Monitoring Program Report. ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS '1Iilllllllllllllllllllllllll'III'III BOARD MErn~:~ruary 20, 1997 Page 1 of 7 NO, 10. HUMAN RESOURCES a. DATE lYPE OF ACTION February 14, 1997 AUTHORIZE STAFFING SUBJ ECT CREATE ONE CONSTRUCTION INSPECTOR/DESIGNER POSITION (G-67 $3729-$4512); DELETE ONE CONSTRUCTION INSPECTOR POSITION (G-67 $3729-$4512); ADOPT CLASS DESCRIPTION AND RECLASSIFY CONSTRUCTION INSPECTOR ROBERT DRAGON TO CONSTRUCTION INSPECTOR/DESIGNER SUBMITTED BY Curtis Swanson, Principal Engineer INIllATING DEPTIOIV Engineering Department/Infrastructure Division ISSUE: Board action is required in order to create an authorized staff position, delete a position, adopt a class description, and reclassify an employee. BACKGROUND: In October, 1995, Robert Dragon, Construction Inspector, requested a temporary work reassignment to accommodate a medical condition. As an evaluative test period to do work that would have had to be contracted out or covered by overtime, Mr. Dragon was reassigned to perform office duties related to administration of the Sewer Service Charge Program and design of collection system projects. Mr. Dragon has performed his temporary duties well and with enthusiasm. Staff proposes that Mr. Dragon be reasonably accommodated by reclassifying him to fill the new position of Construction Inspector/Designer. Because of economic conditions, the number of private development projects has decreased over the past several years. In addition, the District has scaled back its Capital Improvement Program. Consequently, the workload for inspection of private development and District projects had decreased. During the past three years, the District has moved toward designing all collection system projects with in- house staff and minimal use of outside engineering consultants. The departure of two engineers and a Senior Engineering Assistant has hampered the in-house design effort. The addition of the proposed Construction Inspector/Designer position will increase the District's ability to accomplish in-house design. In addition, the proposed Construction Inspector/Designer position provides staffing flexibility to react to changes in design and construction inspection workloads. The new Construction Inspector/Designer classification has both construction and design elements (see attached class description). Mr. Dragon has the requisite knowledge and skills to perform the construction portion of the class. He will attain the required design knowledge and skills through an 18 to 24 month education program (see attached list of training). The proposed change will not increase the total number of authorized employees nor the District's labor costs. Staff has met and conferred with representatives of Local One. The Union supports this reclassification and waives its rights to an open/promotional recruitment. The Personnel Committee has discussed this matter and recommends approval. ~ rnF C :\FILES \PERS MISC\BDRAG ON. PP 9/16/96 _._------"--,._~-_._--,-~--"..----,."----"-_._-,------',---~,._.._--------_.._-- February 14, 1997 Page 2 of 7 SUBJECT CREATE ONE CONSTRUCTION INSPECTOR/DESIGNER POSITION (G-67 $3729-$4512); DELETE ONE CONSTRUCTION INSPECTOR POSITION (G-67 $3729-$4512); ADOPT CLASS DESCRIPTION AND RECLASSIFY CONSTRUCTION INSPECTOR ROBERT DRAGON TO CONSTRUCTION INSPECTOR/DESIGNER RECOMMENDATlON: Create one Construction Inspector/Designer position; delete one Construction Inspector position; and adopt the Construction Inspector/Designer class description. Reclassify Construction Inspector Robert Dragon to Construction Inspector/Designer. CENTRAL CONTRA COSTA SANITARY DISTRICT Effective: Range: Respirator Class: 2/21/97 G-67 2 CONSTRUCTION INSPECTOR/DESIGNER DEFINITION Perform inspections and enforce District regulations relating to construction of public and private sewers; inspect construction work performed on District structures and appurtenances as assigned; perform technical field and office engineering design work. DISTINGUISHING CHARACTERISTICS This is an engineering class which recognizes work requiring design and construction technical skills and knowledge. Positions assigned to the class of Construction Inspector/Designer work with a minimum degree of supervision, using established procedures, guidelines, and District policies. Work may involve routine and some moderately complex design work, research on a variety of District projects, permit acquisition, contract administration, and construction inspection. The use of respiratory equipment (including S.C.B.A.) may be required for this position. Therefore, the Construction Inspector will be required to be clean shaven for annual fit tests and for any occasions which requires the use of respiratory equipment to comply with the District's respiratory program and Cal/OSHA standards. SUPERVISION RECEIVED AND EXERCISED General supervision is provided by higher level professional or supervisory personnel. EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the following: Inspect sanitary sewers, concrete, structural steel, process piping, shoring, storm drains, and work performed by trades personnel on behalf of the District in the construction, modification, or repair of District facilities. Assist project engineer in the areas of cost tracking and control, preparation of correspondence, change order negotiation, monitoring schedules, project status, and completion of as-built drawings. Assess the safety precautions taken on sewer construction sites and enforce District specifications. CENTRAL CONTRA COSTA SANITARY DISTRICT Constructionlnspector/Designer (Continued) EXAMPLES OF ESSENTIAL DUTIES Answer questions and respond to complaints from public or private agencies concerning sewer problems, location of laterals, and repairs. Prepare, assemble, and correlate plans and specifications for District projects with project engineering staff; prepare sketches and diagrams; design sewer collection system pipelines and other types of projects and construction; prepare cost estimates and schedules. Perform routine and moderately difficult design and calculation work relative to District sewer collection and related facilities in accordance with District procedures. Perform a variety of data collection and research involving office and field investigations. Establish and maintain a variety of engineering records, files, and related documents. Prepare clear and concise data summaries and written reports. Contact other agencies, developers, and contractors regarding design and construction of projects. May assist in project engineering and/or contract administration. Maintain records of contract work performed on behalf of the District as assigned; ensure that progress payments are made and that work percentages are in accordance with contracts. As assigned, perform a variety of materials tests and take soils samples. Perform related duties as required. MINIMUM QUALIFICATIONS Knowledae of: Codes, regulations, specifications, ordinances, and enforcement procedures applicable to the area of assignment. Materials, methods, and operations of sewage collection, treatment, and construction. Mathematics as it applies to assigned responsibilities. Methods and techniques of engineering, drafting, and cost estimating. ---,.._-----_._---_._---_._---.-,_._-_._._-~---,---,--.._-------,._._-~~-------------"_._~------"_. CENTRAL CONTRA COSTA SANITARY DISTRICT Construction Inspector/Designer (Continued) Knowledge of: Principles and practices of engineering related to design of sewer collection systems, pumping stations, and related facilities. Construction practices, procedures, methods, materials, tools, equipment, and supplies as applicable to the area of assignment. Safety hazards and appropriate precautions applicable to work assignments. Use of computers for design, drawing, drafting, and surveying applications. Abilitv to: Continuously analyze construction site situations and develop solutions; analyze plans, interpret project proposals, plans, and specifications; identify, interpret, explain, and enforce construction violations; review and interpret construction plans; understand and explain engineering procedures and terminology, and perform mathematical calculations; maintain awareness of safety at all times. Sit at a desk for long periods of time on a continuous basis; write or use a keyboard to communicate through written means; occasionally walk through and inspect construction sites, perform simple grasping, pushing and pulling, fine manipulation, and lift or carry weight of 50 pounds or less. Conduct detailed and accurate inspections of sewer system construction projects. Communicate clearly and concisely, both orally and in writing. Read and interpret engineering and construction plans, blueprints, and drawings. Perform a variety of contract monitoring and administration functions, as assigned. Interpret construction drawings and specifications. Perform engineering calculations with speed and accuracy. Perform technical research on engineering and construction problems. Keep accurate field observations and records. Learn and observe all appropriate safety precautions as required by the District including, but not limited to, Cal/OSHA General Industry Safety Orders, the District's Respiratory Protection Program, and District Safety Directives. CENTRAL CONTRA COSTA SANITARY DISTRICT Construction Inspector/Designer (Continued) Soecial Physical Reauirements: May be required to enter confined space and/or respond in an emergency. Must be able to wear S.C.B.A. and perform confined space entry and emergency response duties in protective clothing and equipment including S.C.B.A. weighing 32 pounds. 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: Exoerience: Two years of experience in design and/or construction of sewage treatment, industrial, or public works facilities of comparable complexity. Education: Equivalent to completion of two years of college. LICENSES AND CERTIFICATES Possession of a valid California Driver's License. TRAINING PROGRAM CONSTRUCTION INSPECTOR/DESIGNER COURSE SUBJECT LOCATION DURATION Mathematics . Algebra (Math 110 or 120 @ DVC DVC Semester LMC CSUH or Mathematics for Technicians DVC Semester (Math 111 @ DVC) . Plane Trigonometry DVC Semester (Math 121 @ DVC) LMC CSUH ComDuter . Windows Contra Costa Y2 day Training Center . Spreadsheets Contra Costa Y2 day Training Center Enaineerina and Desian . Microstation Design Software Martinez 10 weeks Adult School . Eagle Point Design Software In-House 4 days . Plane Surveying DVC Semester (Engineering 140 @ DVC) . Specification Writing Construction 3 days Specifications Institute . Hydraulics In-House 2 days Riaht of Way . Principles of Right of Way International 1 week (Engineering and Legal Topics) Right of Way Association H:\DESIG N\SW ANSON\CONSTINS.TRG 2113/97 ~. Central Contra Costa Sanitary Disbict BOARD OF DIRECTORS .:::1:111..1:.:..:1.11:::.::1.::.1. BOARD MEE1lF:b~ary 20, 1997 .;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.:-;.:.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.:.;.;.;.;.;.:.;.;.;.;.;.;.;.:.;.;. Page 1 of 4 NO. 10. HUMAN RESOURCES b. DATE February 14, 1997 TYPE OF ACllON Personnel SUBJECT DIRECT STAFF TO SECURE SERVICES OF STATE MEDIATION AND CONCILIATION SERVICE TO HOLD A SECRET BALLOT ELECTION TO DETERMINE IF THE GENERAL EMPLOYEES WISH TO DECERTIFY PUBLIC EMPLOYEES' UNION, LOCAL NO. 1 SUBMITTED BY Paul Morsen INITIATING DEPTIDIV Administrative ISSUE: In accordance with the District Code, Chapter 4.24.060.B, when a petition for decertification of a recognized employee organization is received and found to be valid, Board action is required to request the State Mediation and Conciliation SeNice to hold a secret ballot election in accordance with the Meyers-Millias- Brown Act. BACKGROUND: In 1982, the District recognized Public Employees' Union, Local 1, as the certified employee organization representing the General employee group. The Meyers-Millias-Brown Act, which governs public sector labor relations, requires a process for employees to form bargaining units, modify those units, designate representation for collective bargaining purposes (certification), and change representation (decertification). The Act also provides that governmental agencies, such as the District, may adopt reasonable rules and regulations governing these processes. The District's requirements governing decertifications are reflected in Chapter 4.24.060 (Attachment A). On January 30, 1997, the Stationary Engineers Union, Local 39, submitted a petition signed by over 35 percent of the General employees group, represented by Local 1, which requested that the District hold an election to decertify Public Employees' Union, Local 1 as the recognized bargaining representative for that group. Local 39 also submitted "interest cards" signed by employees for the purported purpose of designating Local 39 as their representative in order to place Local 39 on the ballot along with Local 1. The District Code requires that thirty-five percent of the employees represented by Local 1 sign the petition for decertification. The Code also requires that thirty-five percent of the employees must designate Local 39 as their representative in order for Local 39 to be on the election ballot. There were sufficient signatures on the petition to require a decertification election. However, Local 39 did not submit interest cards from at least thirty-five percent of these employees, which expressly stated that Local 39 was designated as their representative. Consequently, it is requested that the Board direct staff to request the seNices of the State Mediation and Conciliation SeNice to hold an election; the ballot will ask employees to vote on whether to retain Local 1 as their official representative or to vote "no union." Local 39 has indicated that it is considering legal action against the District on the grounds that the District is narrowly construing the terms of its Code, and thus, improperly denying to its employees an opportunity to choose Local 39 as their bargaining representation. Although the District agrees that employees should have a full and fair opportunity to freely choose their bargaining representative, the procedures set forth in the Code H:\PP\DECERTIF.PP 9/16/96 . ... " . . . ..................................................................................................... .iii:i.iiiii:i:iii::r:.:..:.::r::::::\/::(\:::::rr:::::::::::::::::::\:::::::::::::::i:.ii:il:r:~.:.::::::t:::r:t:::f::r::::::::::.:::::iil....i.::IIII.:I.ii DATE February 14, 1997 Page 2 of 4 SUBJ ECT DIRECT STAFF TO SECURE SERVICES OF STATE MEDIATION AND CONCILIATION SERVICE TO HOLD A SECRET BALLOT ELECTION TO DETERMINE IF THE GENERAL EMPLOYEES WISH TO DECERTIFY PUBLIC EMPLOYEES' UNION, LOCAL NO.1 do provide a process by which this can be accomplished. Chapter 4.24.0408(6) provides as follows: Statement that the employee organization has in its possession written proof, dated within thirty calendar days of the date upon which the petition is filed, to establish that thirty-five percent of the eligible employees within the representation unit have designated the employees organization to represent them in their employment relations with the District. Such written proof shall be submitted for confirmation to the Deputy General Manager. After consultation with District labor counsel Dan Clinton, it is staff's opinion that the requirements of Chapter 4.20.040B(6) have not been met and that Local 39 is not entitled to be placed on the ballot as part of the decertification process. In order to meet these requirements, Local 39 needed to submit at least 57 interest cards from employees which "designated" Local 39 as their bargaining representative. Although 58 interest cards were submitted, six of these cards were altered in some fashion to indicate that the signer was DQ! designating Local 39 to be the bargaining representative, but rather that the signer was in some way interested in having Local 39 participate in an election. Local 39 does not dispute this fact, but rather daims that the District's interpretation of this provision is "hyper technical." On the other hand, Local 1 has advised the District that it believes that the District is obligated to follow the specific requirements of the Code and that those requirements have not been met by Local 39. Consequently, based on the criteria established in Chapter Four, staff is requesting the Board to direct staff to secure the services of the State Mediation and Conciliation Service to hold a secret ballot election to determine the appropriate employee organization representation. The majority representative shall be decertified if the results of the election indicate that employees of the unit no longer desire representation by that organization, as indicated by the vote for "no organization." In the event of a ''tie'' vote, the incumbent certified employee organization shall not be decertified. The results of the election become binding and final. RECOMMENDATION: Direct staff to secure the services of the State Mediation and Conciliation Service to hold a secret ballot election to determine if a majority of the employees in the General employees' bargaining unit wish to decertify Local 1 as their bargaining representative. 4.24.040 .( 2. The following classifications are designated executive management: General Manager-Chief Engineer Counsel of the District Secretary of the District 3. The management group employees shall represent themselves in matters of wages, benefits and working con- ditions with the Board of Directors and shall not be includ- ed in the same representation unit with nonmanagement em- ployees or management support/confidential employees. Clas- sifications within the unit are adopted by resolution of the Board of Directors. 4. The management support/confidential representa- tion unit is recognized as the bargaining unit for all man- agement support and confidential employees and management support and confidential employees shall not be included in the same representation unit with nonmanagement or nonconfi- dential employees. Classifications within this unit are adopted by resolution by the Board of Directors. 5. Professional employees shall be included in a representation unit with nonprofessional employees unless, in a vote of all affected professional employees, a majority of such professional employees voting in a secret ballot election vote not to be included in such a unit. Certifica- tion of employee organizations representing a unit composed of professional employees shall follow the provisions of Section 4.24.040. 6. The Central Contra Costa Sanitary District Em- ployees' Association Public Employees' Local Number One is recognized as the bargaining unit for all general employees other than those assigned to other representation units. B. The Deputy General Manager, using the criteria set forth in this chapter, shall make the initial determination of all questions that may arise as to whether classifica- tions or employees included in a representation unit are in fact management, professional, management support/confiden- tial employees, or general employees. Any action of the Deputy General Manager in determining issues contained in this section which are not satisfactory to the employee or- ganization(s) shall be resolved in the meet and confer pro- cess and where that process fails, through the State Con- ciliation Service as described in Section 3507.1 of the Meyers-Milias-Brown Act. (Ord. 168 Sl(Exh. A(part)), 1989: Ord. 150 (part), 1982: prior code S4-704) 4.24.040 Certification of employee organization. A. An employee organization may be certified as the exclusive representative of a representation unit for the purposes stated in this chapter. ( 40 (Contra Costa 8/89) 4.24.040 .( { \ B. Any employee organization that meets the following m1n1mum requirements may petition, in writing, during the month of October during the final year of a memorandum of understanding, to represent the employees in a representa- tion unit .as established in Section 4.24.030 or Section 4.24.050. These requirements are to be filed with the Depu- ty General Manager in a statement of representation, signed by the presiding officer of the employee organization, and shall state, certify and/or include the following: 1. The name and address of the organization and the names, titles and addresses of its current officers; and 2. That employee organization is or is not a chap- ter or local of, or affiliated directly with, a regional or state or national or international organization and, if so, the name and address of each such regional, state or inter- national organization; and 3. A copy of the employee organization's adopted constitution and/or bylaws; and 4. The organization has membership among District employees; and 5. The organization has no restriction on member- ship based on race, color, creed, national origin, sex, age or eligible employment in any classification contained with- in the representation unit; and 6. A statement that the employee organization has in its possession written proof, dated within thirty calen- dar days of the date upon which the petition is filed, to establish that thirty-five percent of the eligible employees within the representation unit have designated the employee organization to represent them in their employment relations with the District. Such written proof shall be submitted for confirmation to the Deputy General Manager. C. The Board of Directors shall require holding a se- cret ballot election by the State Conciliation Service, or as mutually agreed upon by the District and all employee organizations concerned. This secret ballot election must be held no sooner than twenty calendar days after the final determination of the appropriate representation unit or units, and not more than forty calendar days after such de- termination. The District and the employee organizations concerned shall meet and confer on the procedures for con- ducting an election by eligible employees. Such employee elections shall be held within an established representation unit to determine majority wishes regarding the choice of an employee organization, o~ resolve conflicting claims, upon petition by thirty-five percent or more of the eligible em- ployees in an established representation unit. In any.rep- resentation election, the choice of no organization shall be on the ballot unless there is a runoff election. 1. In an election where none of the choices re- ceives a majority of the valid ballots cast, a runoff ( 41 (Contra Costa 8/89) .24.050--4.24.060 Attachment A .( election shall be conducted between the two choices receiv- ing the largest number of ballots cast. 2. There shall be no more than one certification election in a twelve-month period within the same represen- tation unit, except as provided above for runoff elections. 3. An employee organization receiving a majority of the valid votes cast in a representation election and has otherwise all the minimum qualifications as stated in para- graphs 1 through 6 of subsection B of this section, shall be certified by the Board of Directors as the certified employ- ee organization for the established representation unit. D. A decision of the Board of Directors dismissing a claim for certification by an employee organization shall be valid and effective for a period of one year. (Ord. 168 Sl(Exh. A(part)), 1989: Ord. 150 (part), 1982: prior code S4-705) { 4.24.050 Modification of established representation unit. A. A petition for modification of a representation unit may be filed with the Deputy General Manager between October 1st and October 31st of the final year of a memoran- dum of understanding. A petition for modification of a rep- resentation unit may be filed by a group of employees in a representation unit. Such petitions must contain the signa- tures of fifty percent or more of the employees in a pro- posed representation unit. B. Such petition shall be based only upon substantial changes in District functions, organizational structure or job classifications. C. Such petition shall describe the proposed modified representation unit based upon the classes within the clas- sification plan of the District and shall set forth the rea- sons for the proposed modification. D. The Deputy General Manager, using the criteria set forth in this chapter, shall determine if the representation unit should be modified. Any action of the Deputy General Manager in determining if a representation unit should be modified may be contested by the employee organization(s) involved and may be subject to the meet and confer process and where that process fails, through State Conciliation Service per Section 3507.1 of the Meyers-Milias-Brown Act. (Ord. 168 Sl(Exh. A(part)), 1989: Ord. 150 (part), 1982: prior code S4-706) ( 4.24.060 Decertification of employee organization. A. A decertification petition alleging that the incumbent cer- tified employee organization no longer represents a majority of the employees in an established representation unit may be filed with the Deputy General Manager after the incumbent organization has been recognized for at least one full year. Such petition must be filed with the Deputy General Manager when the term of memorandum of understanding has less than 42 (Contra Costa 8/89) ~ 4.24.070 , I . one hundred twenty days and more than ninety days rema~n~ng. Such a decertification petition shall then contain the fol- lowing information and documentation: 1. The name of the established representation unit and of the incumbent certified employee organization sought to be decertified as the representative of that unit; 2. An allegation that the incumbent certified em- ployee organization no longer represents a majority of the employees in the unit and any other relevant and material facts relating thereto; 3. Proof of employee support that at least thir- ty-five percent of the current employees in the unit no longer desire to be represented by the incumbent certified employee organization; 4. When the decertification petition also requests certification of another organization, then that petition shall include those requirements as set forth in Section 4.24.040B(I) through (6). B. Upon receipt of a decertification petition, the Deputy General Manager shall place the matter on the agenda of the next regularly scheduled meeting of the Board of Di- rectors. If the employee petition is found to be valid, then the Board shall require a secret ballot election by State Conciliation Service. The majority representative shall be decertified if the results of a secret ballot election show that employees of the unit no longer desire representation by that organization, as indicated by the vote for "no organization" or another recognized orga- nization, as specified in the voting criteria cited in Sec- tion 4.24.040. In the event of a tie vote, the incumbent certified employee organization shall not be decertified. The results of the election become binding and final. C. A notice of decertification shall be sent by cer- tified mail by the Deputy General Manager whenever an em- ployee organization is voted to be decertified by a majority of the voting employees. The notice shall be delivered to the last knownofficer(s) of the employee organization. D. In the event the incumbent employee organization is decertified, the decertification shall not negate the terms of the then existing memorandum of understanding between the District and that organization as acceptance of the terms of such a memorandum of understanding shall be a condition required by the Board of Directors in granting recognition to a new organization as the certified employee organization for the representation unit. (Ord. 168 SI(Exh. A(part)), 1989: Ord. 150 (part), 1982: prior code S4-707) .( 4.24.070 Individual employees. Nothing in this chap- ter shall be construed to restrict or in any way modify the right of an individual employee to present matters involving ( 43 (Contra Costa 8/89) ,--=,' ':'::'~'.l:~~~.~:;'~~."."'~~-f.:..=:ti:-.:~~:':';'..'..~~~..~ ~ _ _.._ ... .__..u .. I hereby d.lgQ"tP. alltl .dttro11'Lc tilt" STATIONAR\' t:NGIJIOt:t:US, 1.0<:'4." I'JIO- IoN No. 99 OF THE INTERNATIONAl. tJNION 01<' OI>ERATING t:N(;fNI<:I<:ltS to repre1'lent me ~fore the National Labor Rc,I:.Uom, noard or any othl'r go,",'rnml'lIt agency and to negotiate and enter Into (',ollf'('t1ve Bllrgainln~ Agreemc'nt~ with m~' Employer and his rcpresC'ntatlve8 and all Emplo)'ers of St~ltionary EngillCC'rs, ill :lll dasslftcatlonS, In tht'> 46 ("Ountlf'1l of Northern California and Ncw~a a.nd any of th('lII, and their repreMentativeH, with rcspe(.t to rates of pa)', wagC's, hours of labor :lnd other conditions of employment, and for the l}rf'SCntation of any disputes or ~ri('\"- ance8 that may arise ~tWf'C1I myself nnd any Employt"r. I do this In thl' ('xf'rC'isc' of my rights under the l.abor-Managl'ment Relations Ad of J947 :lRd undf'r all :ll'lllic-ablc' state or federal laW8. Dated.... ...t: .~8..::.9.7 .... ...... ..... Name........ ;9\ ~ Sodal Se(' ION u.tedmJ-=_~~-:.~..7._....... ~ Name..- Sodal ~ STATIONARY ENmNEER~ :::~~~;:=~~7~~~~ aad to negotiate and enter Into Collective Bargaining Agreements with my apae1 r and bIa repreeentatlVelI and all Entplo!'ers of Stationary Engineers, In aU ==Uou, In the ~ counttes of Northern California and Nevada and any of them, aDd tbeIr representatives. with respect to rates of pa!', wages, hours of labor and ot;ber eoadlUODlI of employment, and for the presentation of any disputes or grie\'- aDce8 that may arllle between myself and any Employer. I do this in the exercl8f\ of DIY rights under the Labor_Management Relation." Act of 1947 and under all applicablf' state ~ fe4erallaws. J)ated.....L=.?::.t..~.'!.I.............. Name.... ~ Social S "~~~~:~'''~~''.''.'':; "~~~;:,:~~ti~::\"~ ~.:'..:.~.v.:-.~ STATIONARY EN(aNEERS r- h..:..d).J ~11A&.e aDU auUaonze DIe c.Jl..WIOJJ.\.Rl ~~61.f~~r.;I(~, L'''-.IAL 11H- ...IaN N&. 3I...eF rim IN'Jl:I!:RM ~'I'la:N ~l. umo~ oW>' n.."''' A -IN'.. .. T. II rRt-".v~ tv ..,-q-"" D)() b...~....~ thl )latllll&1 h.dh.. .~u"."" nuao(l-or any other government agency and to negotiate and enter Into Collective Bargaining Agreements with my Employer ....d his representatives and all Employers of Stationary Engineers, In all clu8UlcaUoaa, In the 46 COURtieR of Northern California and Nevada aod any of them, aDd tbeIr ftlpl'ellelltatlves, with respect to rates of pay, wages, hours of labor and other eoDlUUons of employment, and for the presentation of any clI8putes or grIe\'. ancee that may arise between myself and any Employer. I do this In the exercise of my rtchts UDder the Labor-Management Relatlon..<i Act of 1947 and under all appllcablf' state or federal laws. Dated....I.:i?!B.:.f..1............. ~ . STATIONARY ENmNEERS . N s. :r..waJ. Me L. () N" 3.!J ~ {de b~ STATIONARY ENmNEERS I hereby designate and authorize the STATIONARY ENGINEERS, LOcAL UN- ION No. 39 OF THE INTERNATIONAL UNION OF TING ENGINEERS to represent me before the National Labor ReI Board or any other go\'ernment agency and to negotiate and enter Int ectlve Bargaining Agreements with my Employer and his representatlv all Emplo~'ers of Stationary Engineers, In all dasslftcatlons, In the 46 es of Northern California and Nevada aod any of them, and their represen , with respect to rates of 'pa~', wages, hours of labor and other coDClltlo employment, and for the presentation of any clI8putes or grlc\'- ances tha ~. arise ~twf'en m)'self nnd any Emplo;)'er. I do this In the exerc.lSt' of my s under the I..abor-:\fanagement Relations Act ~]947 and under all al'pllcablf' sta or federal laws. Dated......L/2.fJ!9.7.. N (f' s, + ~. l ..;ntral Contra Costa Sanital District . BOARD OF DIRECTORS liiMiSimi..ijjjjj:iijij(:ii5'Eii5f:t:ijj BOARD MEETIFNeG bOFrUary 20, 1997 ~~~~~lim;6:ClI~~~III_I*~~~~~~mME~~U:Fs~IIf~ :::;:::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::::::::::::::::::::::::::::::::::~::::::::::::::::::::::::::::~::::::::::::::::::::::::::::::::::::::;:::::;:;:;:;:;:;:;:;:;:; Page 1 of 5 NO. 14. BUDGET & FINANCE a. February 7, 1997 TYPE OF ACTION RECEIVE BUDGET REVIEW DATE SUBJECT RECEIVE THE 1996-1997 OPERATIONS AND MAINTENANCE BUDGET REVIEW FOR THE SIX MONTHS ENDED DECEMBER 31, 1996 SUBMITTED BY Debbie Ratcliff, Controller _ INITIATING DEPT tOlV Administrative/Finance & Accounting ISSUE: A report of the results of a comparative review of actual and budgeted Operations and Maintenance (O&M) revenues and expenses for the first six months of the 1996-1997 fiscal year is provided in this Position Paper. BACKGROUND: A comparison of actual and budgeted District O&M revenues and expenses for the six months ended December 31, 1996, and projected revenues and expenses for the fiscal year ending June 30, 1997 is summarized on page 2. Based on the results of the first six months of the 1996-1997 fiscal year, projections have been made of revenues and expenses for the full fiscal year. District revenues are projected to total $28,014,540 for the fiscal year, which are $488,760 or 1.7 percent lower than budgeted revenues of $28,503,300. Major variances between projected, or actual, revenues and budgeted revenues for the fiscal year and the six- month period are presented on page 3. Variance explanations specifically address the six-month period. District expenses are projected to be $27,371,081 for the fiscal year, which are less than budgeted expenses of $28,339,406 by $968,325 or 3.4 percent. Variances between projected, or actual, expenses and budgeted expenses for the fiscal year and the six month period are described by major expense categories on page 4, and benefit expense variances and projections are detailed on page 5. Again, the variance explanations specifically address the six-month period. RECOMMENDA 1l0NS: Receive the 1996-1997 Operations and Maintenance Budget Review for the six months ended December 31, 1996, and provide comments and guidance to District staff. ~/l DR RECOIVWfENDED FOR BOARD ACTION INITIATING DEPARTMENTtOlVlSlON S:\ADMIN\POSP APER\6MOO&M96.PP 9/16/96 -------_._.-._-_._-----~._------'-----------_.._._-----------..-.-.-,-- LO t+- o N OJ 0) ItS c.. ~ C\J 0) ":" <0 ,.... (") I~ 'V 'V ,... 0 0),... M M ui eo M a> - -- ,... 0 c: '#. ~ t: ~ ! 0 000 ~o co ~C\J1()1() & 2<0<0 ,... 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