HomeMy WebLinkAboutAGENDA BACKUP 09-05-96
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
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Page 1 of 2
NO.
4.
CONSENT CALENDAR c.
August 29, 1996
TYPE OF ACTION
APPROVE QUITCLAIM OF SEWER EASEMENT
DATE
SUBJECT
QUITCLAIM SEWER EASEMENT TO EUGENE S. CORl, ET UX, ORINDA AREA, JOB 967 EXTENSION
SUBMITTED BY
DENNIS HAll, ASSOCIATE ENGINEER
INITIATING DEPTIDtV
ENGINEERING DEPARTMENTIINFRASTRUCTURE
~: Mr. and Mrs. Eugene S. Corl, the owners of lot 14 of Subdivision 3072, have requested the District
to quitclaim the subject easement.
BACKGROUND: The subject easement was dedicated to Central Contra Costa Sanitary District in 1963
when the map of Subdivision 3072 was filed. The easement is located along the northeastern 10 feet of
Lot 14 and was created for the future offsite sewer main serving property to the south of Subdivision 3072.
This southerly property is now served by an onsite public sewer installed in 1978. The subject easement
is no longer needed and may be quitclaimed. The District's quitclaim processing fee has been paid.
Staff has concluded that this project (the proposed quitclaim) is exempt from the California Environmental
Quality Act (CECA) under District CECA Guidelines Section 18.6, since it involves a minor alteration in land-
use limitations. Board of Directors' approval of this quitclaim will constitute an independent finding that this
project is exempt from CECA.
RECOMMENDAllON: Approve Quitclaim Deed to Eugene S. Corl, et ux, Job No. 967 extension; authorize
the A-esident of the District Board of Directors and the Secretary of the District to execute said Quitclaim
Deed; and authorize the Quitclaim Deed to be recorded.
INITIA~TMENTIDIVID H .
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QUITCLAIM SEWER EASEMENT
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ORINDA AREA
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
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Page 1 of 3
NO.
4.
CONSENT CALENDAR d.
DATE
August 22, 1996
TYPE OF ACTION
ACCEPT ANNEXATION FOR PROCESSING
SUBJECT
AUTHORIZATION FOR P.A. 96-10 (ORINDA) AND P.A. 96-11 (DANVILlE) TO BE INCLUDED IN A FUTURE
FORMAL ANNEXATION TO THE DISTRICT
SUBMITTED BY
Dennis Hall, Associate Engineer
INITIATING DEPT IDIV
Engineering Department/Infrastructure Division
Parcel Area Owner/Address Remarks Lead Agency
No. Parcel No. & Acreage
96-1 0 Orinda Castlegate Development Proposed annexation is a City of Orinda
(69E7) 1735 N. Broadway portion of Assessment
Walnut Creek, CA 94596 District 1-94 (Castlegate).
273-110-002 & 008 (38.19 Ac.) Most of the area to be
developed within the
assessment district is
currently within CCCSD
boundaries. This
annexation will include ten
new single-family building
sites. A Negative
Declaration has been
prepared by the City of
Orinda.
96-11 Danville Pamela and Doris Bailey Existing house with failing CCCSD
(78D5) 153 Marks Road septic system. Owner
Danville, CA 94526 plans to extend public
196-070-005 (1.0 Ac.) sewer and split parcel to
create one additional
building site. Project is
exempt from CEOA.
RECOMMENDATION: Authorize P.A. 96-10 AND 96-11 to be included in a future formal annexation.
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INITIATING DEPARTMENTJDIVISlON
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PROPOSED ANNEXATION
P.A. 96-10
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PROPOSED ANNEXATION
P.A. 96-11
2523-9/88
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
.:::::IIIIIIIIII::::::IIIIIIIJ::::::::::::: 8OARDMEEllNGa:
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Page 1 of 1
NO.
4. CONSENT CALENDAR e
DATE
August 29, 1996
TYPE a: ACT10N
Adopt class descriptions
SUBJECT
Modify Household Hazardous Waste Technician Class Descriptions
SUBMITTED BY
Cathryn Freitas, Human Resources Manager
INIT1ATlNG DEPT/DIV
Administrative/Human Resources
Issue: Modifications to class descriptions require adoption by the Board.
Background: At its meeting of August 1, 1996, the Board adopted class descriptions for the Household
Hazardous Waste Facility (HHWF) staff. The descriptions for the Household Hazardous Waste Technician VII
and the Senior Household Hazardous Waste Technician included a requirement for Class B drivers' licenses
with a hazmat endorsement, as reoommencled by Greenfield and Associates, the District's consultant for the
operations of the HHWF. A Class B license with a hazmat endorsement is required for commercial drivers or
individuals who transport hazardous waste over public streets in vehicles exceeding 26,000 pounds gross
vehicle weight. Moreover, Class B drivers are subject to all requirements issued by the Department of
Transportation for substance abuse testing.
Since the adoption of the class descriptions, staff has discovered in conversations with Greenfield that the Class
B requirement suggested by Greenfield was predicated upon the District transporting hazardous waste
throughout the service area in commercial-size vehicles, as Greenfield does in its HHWF operations.
However, staff does not plan to be transporting waste; the District will use contract transport services.
Consequently, the Class B license with the hazmat endorsement is unnecessary. Only a valid Class C license
is required for District HHWF staff and it is, therefore, appropriate to change the class descriptions accordingly.
Recommendation: Modify the drivers' license requirement in the class descriptions for Senior Household
Hazardous Waste Technician and Household Hazardous Waste Technician VII from a Class B license with a
hazmat endorsement to a Class C license.
CRF
INmATlNG DEPARTMENTIDIVISlON
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8/6/96
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BOARD OF DIRECTORS
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Central Contra Costa Sanitary District
Page 1 of 3
NO.
4.
CONSENT CALENDAR f.
DATE
TYPE OF ACTION
August 29, 1996
ADOPT APPROPRIATIONS LIMITS
SUBJECT
ADOPT A RESOLUTION ESTABLISHING THE 1996-1997 APPROPRIATIONS LIMIT IN ACCORDANCE WITH
ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION
SUBMITTED BY
Debbie Ratcliff, Controller
INITIATING DEPT IDIV
Administrative/Finance & Accounting
ISSUE: The Central Contra Costa Sanitary District is required to establish its appropriations limit in
accordance with Article XIII B of the California Constitution.
BACKGROUND: On August 15, 1996, the Board of Directors authorized posting a public notice of the
availability of documentation in support of the District's appropriations limit. As statutorily required, the
public notice was made at least 15 days prior to the September 5, 1996 Board Meeting at which the
adoption of the appropriations limit is recommended.
Formerly, the appropriations limit was increased annually by a factor comprised of the change in population
combined with either the change in California per capita personal income or the Consumer Price Index,
whichever was lower. As amended by Proposition 111 in 1990, the Consumer Price Index was replaced
by the percentage change in the local assessment roll from the preceding year due to local nonresidential
construction. The Board is to select between the per capita personal income, or the change in the local
assessment roll due to local nonresidential construction, by a recorded vote. Last year the Board selected
the change in the local assessment roll, which was the larger of the two percentages, for the calculation of
the 1995-1996 appropriations limit. This approach allowed for a larger limit on the District's proceeds of
taxes.
The County Assessor has determined the nonresidential construction index for 1996-1997 to be 6.6
percent. The California per capita personal income percentage change is 4.67. The change in the local
assessment roll of 6.6 percent is being used in the calculation of the 1996-1997 appropriations limit, to
allow for a larger limit on the District's proceeds of taxes.
The computation of the 1996-1997 appropriations limit by application of the California per capita personal
income and population percentage change factors to the 1986-1987 appropriations limit adjusted from that
year forward to 1990-1991, and the nonresidential construction index for 1991-1992 through 1996-1997,
DR
RECOMMENDED FOR BOARD ACTION
INITIATING DEPARTMENTIDIVlSlON
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August 29, 1996
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Page 2 of 3
SUBJECT
ADOPT A RESOLUTION ESTABLISHING THE 1996-1997 APPROPRIATIONS LIMIT IN ACCORDANCE
WITH ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION
was provided at the August 15, 1996 Board Meeting. The Sewer Construction Fund (Capital Fund)
appropriations limit so computed is $28,260,787 for the 1996-1997 fiscal year.
The District's proceeds of taxes are budgeted to be $5,411,000 for the 1996-1997 fiscal year. Interest
on these tax proceeds are estimated to be $300,000. Therefore, total tax proceeds plus interest is
$ 5,711,000 which is well within the appropriations limit set for the 1996-1997 fiscal year.
RECOMMENDATION: Adopt a resolution establishing the Sewer Construction Fund appropriations limit
in the amount of $28,260,787 for the 1996-1997 fiscal year, in accordance with Article XIII B of the
California Constitution; select the change in the local assessment roll due to local nonresidential
construction, for use in computing the appropriations limit.
RESOLUTION NO. 96-
A RESOLUTION ESTABLISHING THE APPROPRIATIONS
LIMIT FOR FISCAL YEAR 1996-1997
WHEREAS, the Central Contra Costa Sanitary District is required under Article XIII B of the State of
California Constitution to establish and adopt an Appropriations Limit for each fiscal year; and
WHEREAS, the District has determined the Appropriations Limit of its Sewer Construction Fund
(Capital Fund) for fiscal year 1996-1997 to be $28,260,787; and
WHEREAS, the selection of the alternative growth factor between the per capita personal income or
the change in the local assessment roll due to local nonresidential construction must be made by recorded
vote;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Central Contra Costa Sanitary
District does hereby adopt the Appropriations Limit for said Fund in the amount of $28,260,787 for the fiscal
year ending June 30, 1997, based upon the selection of the change in the local assessment roll due to local
nonresidential construction.
PASSED AND ADOPTED this 5th day of September 1996, by the District Board of the Central Contra
Costa Sanitary District by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
COUNTERSIGNED:
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Secretary of Central Contra Costa
Sanitary District, County of Contra
Costa, State of California
Approved as to Form:
Kenton L. Aim
District Counsel
ADSIS/Admin/PosPaper/Approp.pp
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
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Page 1 of 2
NO.
6.
BIDS AND AWARDS a.
DATE
TYPE OF ACTION
August 23, 1996
AUTHORIZE AWARD
SUBJECT
AUTHORIZE THE AWARD OF PURCHASE ORDER TO TELSTAR INSTRUMENTS, INC., FOR THE
PURCHASE OF TWO PROGRAMMABLE LOGIC CONTROLLER I/O DROPS FOR A TOTAL COST OF
$22,787.71
SUBMITTED BY
Garth Williams, Control Systems Engineer
INITIATING DEPTIOIV
Plant Operations Department/Operations
ISSUE: On August 14, 1996, sealed bids were received and opened for the purchase of two Programmable
Logic Controller Remote I/O Drops. The Board of Directors must award purchase or reject bid within 60
days.
BACKGROUND: The Treatment Plant computer control system originally consisted of 20 remote
microprocessors and 4 central microprocessors, which were responsible for all data transfer between the
field instruments and the central computer. This equipment has not been supported by any manufacturer
for 15 years. Maintenance has been completely dependent upon staff and available spare parts supplies.
The microprocessors are being systematically replaced by programmable logic controllers (PLCs).
Ten of the 20 microprocessor units have been replaced to date. These two PLC drops to be purchased will
replace the 4 microprocessors in the Pump and Blower Building and are compatible with those already
replaced. Three bids were received for the PLCs:
Control Manufacturing Corporation
Frontline Technologies
Telstar Instruments
$39,000.00
38,000.00
22,787.71
Staff's evaluation of these bids revealed no exceptions or other faults, and all three were considered
responsive.
Reconvnendation: Authorize the award of a purchase order to Telstar Instruments, Inc., for the purchase
of two programmable logic controller I/O drops for a total cost of $22,787.71
INITIATING DEPARTMENTIOIVlSlON
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C~ntral Contra Costa Sanitary District
BOARD OF DIRECTORS
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Page 1 of 2
NO.
8.
ENGINEERING a.
August 27, 1996
TYPE OF ACTION
AUTHORIZE AGREEMENT
DATE
SUBJECT
AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AMENDMENT TO THE AGREEMENT
WITH ASSOCIATED RIGHT OF WAY SERVICES, INC., FOR EASEMENT APPRAISAL AND ACQUISITION
ON VARIOUS DISTRICT CAPITAL PROJECTS
SUBMITTED BY
Ricardo Hernandez, Engineering Assistant
INITIATING DEPTJt)lV
Engineering Department/Infrastructure Division
ISSUES: Board authorization is required for the General Manager-Chief Engineer to execute agreements or
amendments with cumulative amounts greater than $50,000.
BACKGROUND: The District has an existing agreement with Associated Right of Way Services, Inc. (ARWS)
for preliminary right-of-way and appraisal consultation on various capital projects. Some of these projects
are nearing the appraisal/acquisition stage, and staff proposes to use ARWS as the lead real property
services consultant. Capital projects to be included in the agreement amendment are Pleasant Hill Easements
(Pleasant Hill Relief Interceptor Phase 5 right of way), Moraga/Gloriena Sewer Renovation Project, and
Overhill Sewer Renovation Project. There are two developer projects to be included in the agreement,
Canyon Lakes Golf Course Easement and Dougherty Valley Tunnel Easements. The District will be
reimbursed by developers for the work on Canyon Lakes and Dougherty Tunnel easements.
The original agreement with AfNlJS has a cost ceiling of $25,000. Staff has negotiated an amendment with
ARtNS to provide appraisal, right-of-way consultation, and right-of-way acquisition services for the various
capital projects. The amendment in the amount of $75,000 will increase the cumulative cost ceiling of the
ARtNS agreement to $100,000. The allocation of the $75,000 between projects is shown in Attachment 1.
During the past three years, staff has been using five right-of-way appraisers and consultants for property
rights acquisition for capital projects. AfNlJS was selected as lead property rights consultant for the projects
listed in Attachment 1 based on experience, ability to meet project schedules, and satisfactory performance
on previous property rights acquisitions. For future capital projects, staff will continue to use the established
Engineering Department consultant procurement guidelines for selecting right-of-way and other consultants.
RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute an amendment to a
consulting services agreement with Associated Right of Way Services, Inc.
INITIATING D~~V1S10N
JSM RAB
INFRA \H:\PP\ARWSAMND.RH
Page 2 of 2
ATTACHMENT 1
ASSOCIATED RIGHT OF WAY SERVICES PROJECT ESTIMATES
PLEASANT HILL REUEF INTERCEPTOR
MORAGA/GLORIETT A
OVERHILL
CANYON LAKES
DOUGHERTY VALLEY TUNNEL
$ 6,000
$43,000
$ 6,000
$ 5,000
$15.000
$75,000
H:\PPIARWSAMND.RH 8/27/96
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
:ii'illlllllllliilllllll1llillllllllll BOARD MEEllS~;tember 5, 1996
,:;:;:;:;:;:;:::;:;:;:;:;:;:;:;:;:;:::;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;:::::::;:::::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;:::;:::;:::;:;:;:;:;:;:;:;:::;:;:;:;:;:;:;:;:::;:;:;:;:;
Page 1 of 3
NO.
8.
ENGINEERING b.
August 29, 1996
TYPE OF ACTION
APPROVE AGREEMENT
DATE
SUBJECT
APPROVE COMMON USE AGREEMENT WITH GST TELECOM, INC., CONTRA COSTA COUNTY,
REDEVELOPMENT AGENCY OF CONTRA COSTA COUNTY, AND CONTRA COSTA COUNTY WATER
CONSERVATION AND FLOOD CONTROL DISTRICT FOR JOINT USE OF EASEMENTS IN FORMER
SOUTHERN PACIFIC RIGHT OF WAY
SUBMITTED BY
Robert Baker, Deputy Chief Engineer
INITIAllNG DEPTJDIV
Engineering Department
ISSUES: Board approval is required for Common Use Agreements for joint use of District right of way.
BACKGROUND: On December 3, 1985, the District entered into an "Agreement To Purchase Property"
(Purchase Agreement) with the County of Contra Costa (County) and the Redevelopment Agency of Contra
Costa County for the purchase of sanitary sewer easements along the former Southern Pacific Railroad right
of way (see attached map). The Purchase Agreement contained provisions allowing the County and
Redevelopment Agency to permit other users in and/or over District's easements with a condition that
subsequent users enter into Common Use Agreements with the District. The Common Use Agreements are
to contain conditions and restrictions designed to protect the property rights acquired and facilities
constructed by the District. These conditions and restrictions were outlined in the original Purchase
Agreement and subsequent Grants of Easement.
GST Telecom, Inc. recently began construction of a major fiber optic telecommunication cable in the former
Southern Pacific Railroad Right of Way. The route of the cable construction includes numerous
encroachments upon easements owned by CCCSD. When CCCSD learned of the construction activity,
discussions of the matter were held with GST and Contra Costa County. These discussions revealed some
confusion about whether CCCSD has enforceable rights to require a Common Use Agreement for
encroachments by the fiber optic cable. Because of concern about liabilities the County and CCCSD would
assume from future operation of the fiber optic cable (e.g., disruption of fiber optic cable service caused by
CCCSD maintenance activity), CCCSD requested and the County granted a temporary cease and desist order
which required GST to cease work while the matter was resolved.
A series of very fast-paced discussions were held after which a Common Use Agreement acceptable to
CCCSD staff and counsel (Lempres and Wulfsberg) was signed by GST, Inc. County staff and counsel
strongly support the Common Use Agreement and will present it to the Board of Supervisors at its next
meeting on September 10, 1996.
RAB
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INITIAllNG DEPAR}~
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8/6/96
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Page 2 of 3
SUBJECT
APPROVE COMMON USE AGREEMENT WITH GST TELECOM, INC., CONTRA COSTA COUNTY,
REDEVELOPMENT AGENCY OF CONTRA COSTA COUNTY, AND CONTRA COSTA COUNTY WATER
CONSERVATION AND FLOOD CONTROL DISTRICT FOR JOINT USE OF EASEMENTS IN FORMER
SOUTHERN PACIFIC RIGHT OF WAY
CCCSD staff is very appreciative of the fast and courteous response by County staff to this issue. The
Common Use Agreement provides good protection to the citizens of Contra Costa County and is strongly
recommended for approval by the CCCSD Board.
RECOMMENDATION: Approve the Common Use Agreement with GST Telecom, Inc., Contra Costa
County, the Redevelopment Agency of Contra Costa County, and Contra Costa County Water
Conservation and Flood Control District; and authorize staff to record said Common Use Agreement with
the Contra Costa County Recorder.
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BOARD OF DIRECTORS Page 1 of 1
BOARD MEETING OF
September 5, 1996
NO.
9. LEGAL/LITIGATION a.
DATE
TYPE OF ACTION
August 29, 1996
DENY CLAIM
SUBJECT
DENY CLAIM FOR PERSONAL INJURIES ON BEHALF OF STEVEN A. ELSBERRY
SUBMITTED BY
Bonnie Allen, Risk Manager
INITIATING DEPT IDIV
Administrative/Risk Management & Safety
Issue: Steven A. Elsberry, through his attomey Gerald Lynn Ross, has filed a claim for damages against the
District. Claim denials require action by the Board of Directors.
Backaround: Steven A. Elsberry retired from his job as a Senior Accountant on May 17, 1996. On July
23, 1996, Mr. Elsberry filed a government code claim for personal injuries, which asserts claims for
defamation, age and disability discrimination, intentional infliction of emotional distress and other related
claims. The amount of the damages sought are unspecified.
Following staff review, portions of the claim were found to be untimely. On August 8, 1996, the District
mailed to the claimant a Notice of Insufficiency concerning the timeliness of the government claim. The
claimant's response failed to clarify the issues set forth, therefore staff will retum portions of the claim as
untimely.
Recommendation: Deny all portions of the claim which are timely filed including those portions related to
events alleged to have occurred within the statutory six month period prior to filing of the claim. Refer to
staff for further action as required.
RECONWENDED FOR BOARD AC710N
INITIATING DEPARTMENTIDIVISION
RM&S/C:\ WPWIN\LEGAL\ELSBERRY .PP
8/6/96