HomeMy WebLinkAboutAGENDA BACKUP 06-13-91
.
Central Contra Costa Sanitary Oistrict
BOARD OF DIRECTORS
PAGE 1 OF 5
POSITION PAPER BOAj{)Ner,l~ 0(991
NO.
4. HEARINGS a.
SUBJ~bNTINUE THE PROCESS TO ESTABLISH CAMINO AMIGO DATE June 7, 1991
LOCAL IMPROVEMENT DISTRICT 58 (LID 58). OPEN AND TYPE OF ACTION
CONTINUE THE PUBLIC HEARING TO THE BOARD MEETING OPEN AND CONTINUE
SCHEDULED FOR JULY 18, 1991. REJECT ALL BIDS FOR PUBLIC HEARING
THE CAMINO AMIGO SEWER PROJECT, D.P. 4800 REJECT BIDS
SUBM ernms Hall INITIATING DEPTErl'gineering Department/
Associate Engineer Construction Division
ISSUE: The Board of Directors set June 13, 1991, as the date for a public hearing on LID
58. The hearing must be continued to a later date to provide time to re-bid the project.
BACKGROUND: At the Board meeting on April 18, 1991, the Board of Directors accepted
the engineer's report for LID 58 and set June 13, 1991, as the hearing date to receive and
consider public testimony regarding the resolution of intention and engineer's report, and to
potentially award the construction contract for the project. The LID 58 sewer project is
shown on Exhibit A.
The project was advertised for construction bids on April 21 and 28, 1991. The estimate
for the construction contract contained in the engineer's report for LID 58 was $149,572.
Fourteen bids were received on May 29, 1991, ranging from $159,703 to $347,016. A
summary of bids is presented in Exhibit B.
The Construction Division staff conducted a technical and commercial evaluation of the bids.
It was found that the bid of the apparent low bidder, Larkin Construction Company,
contained the following irregularities:
. The Bid Bond was not signed by a principal from Larkin Construction Company.
. No bank or financial reference was shown on the certificate of financial responsibility
accompanying larkin's bid proposal.
. The contract time was not shown on the certificate accompanying the bid proposal
confirming that the bidder considered the contract time in preparing the bid.
It was found that the bid of the apparent second lower bidder, D. W. Young Construction
Company, contained the following irregularity:
. The calculation for the total of one of the items on the bid proposal was incorrect
resulting in an incorrect total bid amount.
RAB
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302A-9/85
IJr
DH
vtO
INITIATING DEPT.iDIV.
.__.___..~_____~__,_.,__..~._____,___,.." ",.."_.___._"_____,..."_._'m.~..~.>_,_.,.__.__.k_,""..'___,._,.___~__,_.__._m.'_._.._,*...,____._ _..._'_...N_.._."..,....,_..~..___.~'_
SUBJi:ONTINUE THE PROCESS TO ESTABLISH CAMINO AMIGO
LOCAL IMPROVEMENT DISTRICT 58 (LID 58). OPEN AND
CONTINUE THE PUBLIC HEARING TO THE BOARD MEETING
SCHEDULED FOR JULY 18, 1991. REJECT ALL BIDS FOR
THE CAMINO AMIGO SEWER PROJECT, D. P. 4800
POSITION PAPER
PAGE 2
DATE
OF
5
June 7. 1991
In fact, seven of the fourteen bid proposals contained irregularities. Based on the severity
of the irregularities in the bid of Larkin Construction Company, based on the irregularity in D.
W. Young's bid which is of comparable magnitude to the irregularities in Larkin's bid, based
on the overall excessive number of irregularities, and based on the fact that all bids exceeded
the estimate of the cost of the construction contract in the engineer's report, staff considers
that it is appropriate for the Board to reject all bids.
Staff proposes to re-advertise the project for bids and calendar the award of contrC}ct for the
July 18, 1991, Board meeting. A letter has been sent to all bidders advising them that if
they choose to re-bid the project, to check their new bids for accuracy and omissions. Staff
is also reviewing the project design to determine if design changes can be made which will
lower the total cost of the project.
Since the public hearing was previously scheduled for June 13, 1991, the hearing must be
held as intended. It is appropriate to open the public hearing and, after receipt of any
testimony, continue the hearing until the July 18 Board meeting. The Board must adopt the
"Resolution Continuing Hearing and Consideration of All Matters" and "Resolution Rejecting
All Construction Bids and Calling For New Construction Bids" to effect the proposed changes.
The affected property owners will be notified of the rescheduled public hearing.
RECOMMENDATION: Staff recommends that the Board take the following action:
. Open the public hearing and after receipt of any testimony, continue the public hearing
to the July 18 Board meeting.
. Adopt "Resolution Continuing Hearing and Consideration of All Matters."
. Adopt "Resolution Rejecting All Construction Bids and Calling For New Construction
Bids."
11078 q,'Wl
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BOUNDARY
LOCA TI ON MAP
NOT TO SCALE
A
SIGNED PETITION
L.I.D. BOUNDARY
EXHIBIT "A"
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CAMINO AMIGO
ASSESSMENT DISTRICT
LOCAL IMPROVEMENT DISTRICT NO.58
DANV ILLE AREA
Centrall Contra Costa Sani",dry District
SUMMARY DF BIDS
EXHIBIT B
PROJECT NO.
4800
CAMINO AMIGO LID 58
DATE 5/29/91
ENGR. EST.~ 149,576
LOCATION
CAMINO AMIGO. DANVILLE. CA
a:
~
BIDDER (Name, telephone & address)
BID PRICE
1 Larkin Construction ( 209) 474-2119 $
P. o. Box 5280 Stockton, CA 95205 159.703.00
2 D. W. Young Construction ( 415) 837-0724 $ 159,938.00
140-A Town & Country Dr. Danville. CA 94526
0"
3 Mountain Cascade ( 415) 837-1101 $ 167,000.00
P. O. Box 116 San Ramon. CA 94583
4 EMSCO ( 415) 562-5454 $ 169,639.00
9009 Railroad Ave. Oakland. CA 94603
5 ANDES ( 415) 562-4960 $ 173.450.00
2208 Damuth St. Oakland, CA 94602
6 Silva's Pipeline ( 415) 786-2722 $ 173,618.00
P. O. Box 751 Hayward. CA 94543
7 Tri-Synf'tic Tnduc;tripc; ( 415) 736-8240 $ 177 .450.00
P. O. Box 2996 Danvi 11 e, CA 94526
8 Powers Construction ( ) $ 179.420.00
P. O. Box 909 Camino, CA 95709
9 Floyd Johnston Construction ( ) $ 221.507.50
-
P. o. Box 1087 Brentwood, CA 94513
10 L. J. Krzich Pipeline ( 415) 295-6390 $ 227.789.82'
326 Phelan Ave. San Jose. CA 95112
11 Pete Fuller Construction ( 70]) 449-3601 $ 234,710.22
567 Galway Court Vacavi11e. CA 95688
12 MJB Pipeline ( 415) 785-5805 $ 251. 731.00
P. o. Box 192 Mt. Eden. CA 94557
PREPARED BY ~ \ ~ll: 0
DATE '5-30-9\
SHEET NO.
OF z..
Centra~ ~ontra Costa Sani ,.4ry District
SUMMARV OF BIDS
PROJECT NO.
4800 CAMINO AMIGO LID 58
DATE 5/29/91
ENGR.EST.~ 149.576
LOCATION
CAMINO AMIGO. DANVILLE. CA
~ BIDDER (Name, telephone 8. address) BID PRICE 'I
3 Sarott Construction ( 415) 672-7220 $ 295,020.00
3133 Morgan Territory Rd. Clayton. CA 94517
4 McCullough ( 415) 757-1394 $ 347.016.00
2625 E. 18th St. Antioch, CA 94531-2119
.'
( ) $
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( ) $
-
( ) $
( ) $
( ) $
( ) $
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( ) $
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( ) $
( ) $
It
PREPARED BY
~ ~ B..U:
DATE
5.~o.<j1
SHEET NO. 2.
OF 2-
.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF 3
POSITION PAPER BOARD MEE~~8F13, 1991
SUBJi50NDUCT PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE
1991-1992 OPERATIONS AND MAINTENANCE BUDGET AND THE SELF-
INSURANCE FUND BUDGET AND FOR THE ESTABLISHMENT OF THE
1991-1992 SEWER SERVICE CHARGE RATES, AND ON PLACING
CURRENT AND DELINQUENT SEWER SERVICE CHARGES ON THE
NO.
4. HEARINGS b.
DATE
June 7, 1991
TYPE OF ACTION
CONDUCT
PUBLIC
INITIATING DEPT/DIV
SUBMITTED BY
Walter Funasaki, Finance Officer
Administrative/Finance & Accounting
ISSUE: The District Codes and State law require holding Public Hearings for the
establishment of the 1991-1992 Sewer Service Charge rates, and on placing current and
delinquent Sewer Service Charges on the County tax roll for collection.
BACKGROUND: Notice of the June 13, 1991 Public Hearings to consider changes to the
current schedule of Sewer Service Charge rates for the 1991-1992 fiscal year, collection
of the 1991-1992 Sewer Service Charges on the County tax roll, and to receive and
consider protests to having delinquent Sewer Service Charges collected on the 1991-
1992 tax roll, was duly given. It is recommended that three separate hearings be held
to consider the matters described.
Hearina to receive Dublic comment on the 1991-1992 ODerations and Maintenance (O&M)
Budaet and Self-Insurance Fund Budaet. and for the establishment of the 1991-1992
Sewer Service Charae Rates:
The 1991-1992 O&M Budget and Self-Insurance Fund Budget were
submitted to the Board of Directors for initial review at the May 30, 1991
Board Meeting and are scheduled for approval at the June 13, 1991 Board
Meeting.
A correction to the projected prior year 1990-1991 New Industry Permit Fee
revenues was determined since issuance of the 1991-1992 O&M Budget
on May 24, 1991. The revenues for this account in 1990-1991, previously
projected to be $9,155, are being increased by $70,000 to $79,155 as a
result of a special discharge fee to be assessed the East Bay Municipal
Utility District to treat its alum sludge during the last two months of the
current fiscal year. Total 1990-1991 revenues are, therefore, projected to
be $23,844,495, which is $70,000 higher than previously reported. The
enclosed 1991-1992 O&M Budget document and related Position Paper
include the corrected pages (Pages 1, 6, 7 and 8 of the 1991-1992 O&M
Budget, and Page 1 and Attachment I of the May 30, 1991 Position Paper),
which have been copied on colored paper.
Upon approval of the 1991-1992 O&M Budget and Self-Insurance Fund
Budget and determination of adequate levels of reserves, the Board must
establish the 1991-1992 Sewer Service Charge rates.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT.lDIV. () ...
~~~ I1f1
1302A-9/85 WN F PM
ADS/Pos.Paper#2/0&MSelf.PP
SU~OODUCT PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE
1991-1992 OPERATIONS AND MAINTENANCE BUDGET AND THE SELF-
INSURANCE FUND BUDGET AND FOR THE ESTABLISHMENT OF THE
1991-1992 SEWER SERVICE CHARGE RATES, AND ON PLACING
CURRENT AND DELINQUENT SEWER SERVICE CHARGES ON THE
POSITION PAPER
PAGE 2 OF 3
DATE
Hearina to consider collection of the 1991 - 1992 Sewer Service Charaes on the Countv
tax roll:
The law requires that a Public Hearing be held each year before the Sewer
Service Charge can be placed on the County tax roll. The Sewer Service
Charge has been collected on the County tax roll since inception of the
service charge in 1976. Collection on the tax roll provides the most
economical and efficient means for the District to collect the charges for the
104,000 or so accounts. Effective with the 1982-1983 fiscal year, Contra
Costa County imposed a fee for collecting the Sewer Service Charge on the
tax roll. The County fee, which approximates $62,000 annually, is still
more economical than the alternative of direct billing by the District.
Hearina to consider collection of delinauent Sewer Service Charae account:
The District bills certain property owners directly. During the 1990-1991
fiscal year, one owner was delinquent in paying the Sewer Service Charge
which was billed directly. Information regarding the delinquent charge is
contained on the attached report. It is proposed that the delinquent charge
be collected on the 1991-1992 County tax roll, unless there is a valid
protest. The delinquent property owner was notified of the June 13, 1991
Public Hearing by certified mail.
The property, which is a nursing home in Danville, began the annexation
process in 1988. During 1988-1989 and 1989-1990, the account was
directly-billed for Sewer Service Charges as the annexation was not
completed; the account became delinquent in both years and was collected
on the next year's property tax roll. Annexation to the District was
completed during 1990-1991, but missed the cut-off for placement on the
tax roll and was direct-billed. The 1991-1992 Sewer Service Charge for
this account will be collected on the 1991-1992 tax roll.
RECOMMENDATION: Conduct three separate Public Hearings and upon their respective
conclusions, adopt resolutions for the following actions, if considered appropriate:
1. Approve the 1991-1992 Operations and Maintenance Budget and
Self-Insurance Fund Budget, and establish the 1991-1992 Sewer
Service Charge rate schedule.
2. Authorize collection of the 1991-1992 Sewer Service Charges on
the County tax roll.
3. Consider any protest and, if appropriate, adopt the attached report
pursuant to Section 5473, Health and Safety Code, for collection of
delinquent Sewer Service Charges on the County tax roll.
13028-9/85
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PAGE 1 OF 5
POSITION
PAPER
BOARD MEETING OF
June 13 1991
NO.
5.
DATE
BIDS AND AWARDS a.
SUBJECT
GRANT RELIEF OF BID REQUEST FROM GATEWAY LANDSCAPE CONSTRUCTION,
INC. AND AUTHORIZE AWARD OF CONTRACT TO MORI HATSUSHI AND
ASSOCIATES FOR TREATMENT PLANT LANDSCAPE PROJECT PHASE II, DISTRICT
PROJECT 10079
TYPE OF ACTION
AUTHORIZE AWARD
SUBMITTED BY
Ba T. Than, Assistant Engineer
INITIATING DEPT./DIV.
Plant Operations Department
ISSUE: On May 21, 1991 sealed bids for the Treatment Plant Landscape Project Phase II, District
Project No. 10079 were received and publicly opened. The Board of Directors must decide
whether or not to grant a relief of bid request. The Board of Directors must authorize award of
construction contract or reject bids within 50 days of the opening date.
BACKGROUND: On May 7, 1987 the Board of Directors authorized a consulting agreement with
the firm of Royston Hanamoto Alley & Abey (RHAA) to take a conceptual design of the Treatment
Plant Landscaping Master Plan and develop a biddable set of plans and specifications for the Phase
I portion of this project. Phase I of the Treatment Plant Landscape project was completed in
December, 1989. In Phase II of this project, the area adjacent to Imhoff Drive and the underpass
road will be landscaped, and a reclaimed water service line will be installed along Imhoff Drive to
provide landscape irrigation water to Parcel C (the Kewit parcel).
Plans and specifications for this project were completed by RHAA and were publicly advertised on
April 15 cmd April 22, 1991. Nine bids ranging from $159,800 to $234,351 were received and
opened on May 21, 1991. A summary of the bids is shown in Attachment I. On May 24, 1991,
the District received a request for relief from the apparent low bidder, Gateway Landscape
Construction Inc. (Attachment 11). The request cites the reason for relief as a clerical error in the
amount of $36,000.
Under California Public Contract Code (Section 5103) a bidder may request relief of bid within five
days of bid opening in the event of clerical or arithmetic error in preparing the bid proposal. The
law is stringent with regard to relief from bids and allows relief to be granted by the awarding
authority only under specific circumstances. Specifically, the law states that:
"The bidder shall establish to the satisfaction of the court that:
(a) A mistake was made
(b) He or she gave the public entity written notice of the mistake within five days after the
opening of the bids, specifying in the notice detail as to how the mistake occurred
(c) The mistake made the bid materially different than he or she intended it to be
(d) The mistake was made in filling out the bid and not due to error in judgment, or to
carelessness in inspecting the site of the work, or in reading the plans or specifications"
BTT
R /7:::.
ROGER J. DOLAN
INITIATING DEPT./DIV.
Bl"T
1302A-9/85
.____._..._.___~___"..._._..._.___._._____~"__..~.._____.._".__.__~_>.._~~......____..___..___.~_._ .._M....~.___.__.____._,.,_.____..._.._._.______._._._'-"--'---"'---'-"'-"---"---'-"~'~"--_.~~
GRANT RELIEF OF BID REQUEST FROM GATEWAY LANDSCAPE
CONSTRUCTION, INC. AND AUTHORIZE AWARD OF CONTRACT TO MORI
HATSUSHI AND ASSOCIATES FOR TREATMENT PLANT LANDSCAPE PROJECT
PHASE II, DISTRICT PROJECT 10079
POSITION PAPER
SUBJECT
P GE 2 OF 5
A
DATE
June 4, 1991
The clerical error claimed by Gateway Landscape Construction, Inc. was made while transposing
the bid price from working spreadsheets onto the official bid documents. Gateway Landscape
Construction claimed that the correct bid price was intended to be $195,800 instead of $159,800
as shown in the bid document. The staff reviewed Gateway Landscape Construction's
spreadsheets and concluded that the correct bid price is $195,800.
The Plant Operations Department conducted a technical and commercial evaluation of the bids and
concluded that in the event that Gateway Landscape Construction is relieved of its bid, the second
low bidder, Mori Hatsushi and Associates, is the lowest responsible bidder for the bid amount of
$195,000. The engineer's estimate for construction is $265,000. The funds required to complete
this project are shown in Attachment III. The Treatment Plant Landscape Project, Phase II, is
included in the 1990-91 Capital Improvement Budget (Pages TP-89 through TP-90). The 1990-91
Capital Improvement Budget estimated total project cost is $300,000.
This project has been evaluated by staff and determined to be exempt from the California
Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 18.5 since it involves
a minor alteration to land for landscaping purposes. Board of Directors' approval of this project will
constitute agreement with this determination unless otherwise indicated.
RECOMMENDATION:
1. Grant relief of bid request from Gateway Landscape Construction, Inc. including return of bid
bond.
2. Authorize award of the contract for the amount of $195,000 for construction of the Treatment
Plant Landscape Project Phase II, District Project No. 10079 to Mori Hatsushi and Associates as
the lowest responsible bidder.
13078 q, p,~
ATTACHt1ENT I
Central C' 'ntra Costa Sanitar
.,SUMMARV OF BIDS
Page 3 of 5
District
PROJECT NO. DP 10079
Treatment Plant lonct<;("i1pP, Phase II OATE May 21, 1991
LOCATION
Martinez, CA
ENGR. EST_ $ 265.000
0:
~
BID D E r:t (Nome. telephone & addcess)
BID PRICE
1 Gateway Landscape Construction ( 415) 449-0909 $
46 Rickenbacker Circle, Livermore, CA 94550 159.800
2 Mori Hatsushi & Associates ( ) $
80 South Buchanan Circle, Pacheco, CA 94553 195,000
-
3 Watkin & Bortolussi, Inc. ( ) $
77 Larkspur Street, San Rafael, CA 94901 196,900
4 Cagwin & Dorward ( 415 ) 892-7710 $
8001 Binford Road, Novato. CA 94948 198,890
5 Co~tra ~9sta Lp~psc,~~~, Trtr;. , ~,415 ~??q:-,1_0fjn -, .- $ '199,-250 . '. , ~. . .
155 Dutra Road, Martinez, CA 94553
6 r.nn~nlirl~t~rl I ~nn?CCpe (415 ) 449-2242 $
46 Rickenbacker Circle, Livermore, CA 94550 214,746
Munkdale Brothers ( ) $
7 218,320
2075 Pioneer Court. San Mateo, CA 94403
Valley Crest Landscape ( ) $ 233,333
8
7043 Commerce Circle, Pleasanton, CA 94566
9 Bauman Landscape ( ) $ 234,351
397 Smith Ranc:h Road, Si'ln Ri'lfael, rA q4ql?
( ) $
-
( ) $
-
( ) $-~
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ATTACHt1ENT I I
Page 4 of 5
/---
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GATEWAY LANDSCAPE
.k
CONSTRUCTION 'NC
{Xl {E e LE II Yll[ \P)
MAY r. 4: 1991
May 22, 1991
eees!:' . ..
w':~': ,;:,..-.::;.~~~
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA. 94553-4392
ATTENTION: Joyce Murphy
RE: Treatment Plant
Landscape Project, Ph.II
District Project 10079
Gentlemen:
GATEWAY LANDSCAPE CONSTRUCTION, INC. hereby requests that our bid, submitted on
5/21/91 ~or the work.~:>n the ~bove referenced project ~~. withdrawn.
Due to an error, numbers were transposed. Our bid shou1d have been $195,800.00
and not $159,800.00~" We apologize for this error and any incQnvenience this may
have caused. We'~~e~enclosing a copy of our estimate sheets for your information.
. _.
We greatly appreciate.your:anticipat~d. approval of our request.
Very truly yout's'r.~' 'C;;
~..
David J. Garcia
Vice President
CONSTRUCTION, INC.
Q
DG/ j s
CC: Ba T. Than
4i Rickenbacker C;rde
Livermore. CA 94550
.~ ; c) .~ 4 Cl fYV't'I
ATTACHMENT III
TREATMENT PLANT LANDSCAPE PROJECT PHASE II
DISTRICT PROJECT NO. 10079
Post-Bid/Preconstruction Estimate
1
ITEM DESCRIPTION
Construction Contract
ITEM
AMOUNT
$195,000
23,000
2
3
Estimated Construction
Contingencies at 1 2 percent
Subtotal
218,000
4 Estimated Construction Incidentals for
Project Completion
5
6
7
8
9
10
- Inspection
- Contract Management
- Plant Operations Department Staff
- Landscape Architect Service
- As-Built Drawings
- Survey
- Legal
- Testing
14,000
10,000
2,000
7,000
1 ,000
1,000
1 ,000
1,000
37,000
255,000
45,000
300,000
25,000
275,000
Subtotal
Total Estimated Construction Cost
Pre-bid Expenditures
Estimated Total Project Costs
Previously Allocated
Additional Allocations of Funds
Required to Complete Project
Page 5 of 5
TOTAL PERCENT OF
CONSTRUCTION
CONTRACT
100
17
21
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~ Cent,.
Contra Costa Sanitar.. llistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
June 13, 1991
NO.
6.
CONSENT CALENDAR c.
SUBJECT
AUTHORIZATION FOR P.A. 91-5 (DANVILLE)
TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION
TO THE DISTRICT
DATE
une 4, 1991
TYPE OF ACTION
ACCEPT ANNEXAllON
FOR PROCESSING
SUBMITTED BY
Dennis Hall, Associate Engineer
INITIATING DEPT.lDIV.
Engineering Dept.lConstruction Division
Danville
(78E7)
Owner/Address
Parcel No. & Acreage
Randolph Finn, et al
315 Diablo Rd, Ste. 100
Danville CA 94526
196-320-004 (1.73 AC)
Remarks
Lead
Agency
Parcel Area
No.
91-5
Future Subdivision 7477
consisting of six single family
lots. A Negative Declaration
has been prepared by the
Town of Danville
Town
of
Danville
RECOMMENDATION: Authorize P.A. 91-5 to be included in a future formal annexation.
1302A-9/85
DH
JSM
RAB
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATIN71V
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PAGE 1 OF 15
POSITION
PAPER
BOARD MEETING OF
June 13,19910
NO.
6.
CONSENT CALENDAR d.
SUBJECT
DATE
June 4, 1991
ORDER COMPLETION OF DISTRICT ANNEXATION 119
TYPE OF ACTION
COMPLETE
ANNEXATION OF
DA 11 9
SUBMITTED BY
Dennis Hall, Associate Engineer
INITIATING DEPT./DIV.
Engineering Dept.lConstruction Division
ISSUE: A resolution by the District's Board of Directors must be adopted to finalize District
Annexation 119.
BACKGROUND: The District previously made application to the Local Agency Formation
Commission (LAFCO) for the annexation of ten parcels of land designated as District Annexation
119. LAFCO has considered this request and has recommended that Parcels 1, 2, 3, 8, 9, and
10 as shown on the attachments, be processed as submitted. LAFCO has added the 1 .1 2 acre
parcel of land located between Parcels 6 and 7, thus combining these two parcels into one
parcel for annexation purposes. No public hearing is required and the annexation of Parcels 1,
2, 3, 6, 7, 8, 9, and 10 can be completed. The annexation of Parcels 4 and 5 is still being
considered by LAFCO and will be calendared for Board action after LAFCO completes its
processing.
A Negative Declaration addressing the proposed annexations was prepared by LAFCO pursuant
to CEOA and was used by LAFCO in making its determinations and approving this annexation.
This Negative Declaration is attached hereto as Exhibit "A." In accordance with District CEOA
Guidelines Section 7.1 7 (f), the Board must review and consider the environmental effects of the
project as shown in the Negative Declaration before approving the annexation. District staff has
reviewed said Negative Declaration and concurs with its findings.
RECOMMENDATION: Adopt a resolution concurring with and adopting the Negative Declaration
of LAFCO, certifying that the Board has reviewed and considered the Negative Declaration,
ordering the filing of a Notice of Determination as a Responsible Agency stating that the District
considered the Negative Declaration as prepared by LAFCO as required, and ordering the
completion of District Annexation No 119.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302A-9/85
DH
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INITIATING DEPT./DIV.
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DISTRICT ANNEXATION 119
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PARCEL 1
PAGE 3 of 15
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CENTRAL CONTRA COSTA SANITARY DISTRICT
DISTRICT ANNEXATION 119
PARCEL 10
EXHIBIT "A"
LOCA~ AGENCY FORMATION COMMISSIC (LAFCO)
OF CONTRA COSTA COUNTY
NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE
Person (Applicant):
Central Cont~a Costa Sanitary District
Project Title: Annexation No. 119 to Central Contra Costa Sanitary
District (LAFC 91-4)
Project Location: Danville, Martinez, Orinda, Walnut Creek areas
Responsible Agency Contact Person:
Dewey E. Mansfield, Executive Officer
Contra Costa LAFCO
8th Floor, McBrien Administration Bldg.
Martinez, CA 94553 (415) 646-4090
GENERAL PROJECT DESCRIPTION (Nature, Purpose, Beneficiaries, Reasons
Environmentally Insignificant):
This is for the annexation of ten separate areas to the Central Contra
Costa Sanitary District. Parcels #3 through #10, covering 29 acres are
covered by separate environmental documentation and those documents are
included by reference. The remaining proposed annexation area includes 28
acres of land. To provide for more logical boundaries, the Executive
Officer may recommend additional parcels be added to provide for a more
reasonable boundary.
These annexations are all infill projects which conform to adopted
city and county general plans. Parcel #10 is covered by a Danville
mitigated Negative Declaration and Parcel #3 is covered by a County EIR.
The remaining 28 acres are small infill parcels which won't have a
significant environmental impact. The addition of parcels to create a
better boundary won't create a significant impact.
It is determined from initial study by JIM CUTLER that this project
does not have a significant effect on the environment.
( X) Justification for negative declaration is attached.
The Initial Study is available at the above-noted office.
MAR 2 0 '1991
Signed
I
Date Posted:
Date of Final Appeal: April 10, 1991
original:
cc:
County Clerk
LAFCO File
. .
LOCAL AGENCY FORMATION COMMISSION (LAFCO)
OF CONTRA COSTA COUNTY
INITIAL STUDY OF ENVIRONMENTAL SIGNIFICANCE
File Name: LAFC 91-4
Prepared By: JIM CUTLER
Date:
3-11-91
A. RECOMMENDATION:
( )Categorical Exemption (X)Negative Declaration ( )Environmental
Impact Report Required
The project (May) (Will Not) Have A Significant Effect On The
Environment.
These annexations are all infill projects which conform to adopted
city and county general plans. Parcel #10 is covered by a Danville
mitigated Negative Declaration and Parcel #3 is covered by a County EIR.
The remaining 28 acres are small infill parcels which won't have a
significant environmental impact. The addition of parcels to create a
better boundary won't create a significant impact.
B. PROJECT INFORMATION:
1. Project Location and Description:
This is for the annexation of ten separate areas to the Central
Contra Costa Sanitary District. Parcels #3 through #10, covering 29 acres
are covered by separate environmental documentation and those documents
are included by reference. The remaining proposed annexation area
includes 28 acres of land. To provide for more logical boundaries, the
Executive Officer may recommend additional parcels be added to provide for
a more reasonable boundary.
2. Site Description:
The area consists of vacant land which is undergoing the
development process and lots with failing septic systems.
3. Character of Surrounding Areas:
These ten areas are all located within the developing and
developed suburban areas of Central Contra Costa County.
-2-
C.
GENERAL CONSIDERATIONS:
1. Does the project conform to City or County
General Plan proposals including the various
adopted Elements? Suburban residential
designations
Yes No Maybe N/A
x
General Plan Designation; source: Martinez,
Lafayette, Walnut Creek, Danville and County Plans
2. Does the project conform to existing (or
proposed) zoning classification?
x
Classification: Various single family
residential designations
3. Does it appear that any feature of the
project, including aesthetics, will
generate significant public concern?
x
Nature of Concern:
4. Will the project require approval or permits
by agencies other,than LAFCO?
x
Other Agency? Central Contra Costa Sanitary District
*S=Significant N=Negligible C=Cumulative No=None U=Unknown N/A=Not
Applicable
D. ENVIRONMENTAL IMPACTS: (include mitigation measures
for significant effects where possible)
*S N C No U N/A
1. Earth Will the proposal result in or be
subject to:
a) Erection of structures within an Alquist-
priolo Act Special Studies Zone?
x
b) Grading (consider amount and aesthetics)?
for water line installation
x
c) Slides, liquefaction or other hazards on
or immediately adjoining the site?
x
d) Adverse soil or topographic characteristics
(consider soils type, slope, septic tank
limitations, etc.)?
x
e) Wind or water erosion of soils, on site or
off?
x
f) Prime agricultural lands?
x
Discussion: Grading may be done in concert with city
development applications
-3-
2. Air Will the project result in deterioration
of existing air quality, including creation
of objectionable odors?
S N C No U N/A
X
Discussion: Infill housing only
3. Water Will the project result in:
a) Erection of structures within a designated
flood hazard (prone) area?
b) Reduction of surface or ground water quality
or quantity?
c) Alteration of drainage patterns or runoff?
d) Disruption of streams or water bodies?
Discussion:
4. Plant/Animal Life Will the project result in:
a) Changes in the diversity of species, or
numbers of any species of plants or animals?
b) Reduction of the number of any unique, rare
or endangered species of plants or animals?
c) Introduction of new species of plants or
animals into an area, or inhibition of the
normal replenishment, migration or movement
of existing species?
d) Reduction in acreage of any agricultural crop
or existing fish or wildlife habitat?
Discussion: Landscaping will occur relating to new
development; no impacts are associated with that change
5. Noise Will the project result in:
a) Structures within the 60dBA noise contour per
the General Plan Noise Element?
b) Increases from existing noise levels?
Discussion:
6. Natural Resources Will the project affect the
potential use, extraction, conservation or
depletion of a natural resource?
Discussion:
x
X
X
x
x
x
x
x
x
X
X
-4-
7. Energy will the project result in demands upon
existing sources of energy, or require the
development of new energy sources?
Discussion:
8. Utilities Will the project result in the need for
new systems or alterations to the following
utilities (including sphere of influence or district
boundary change): electricity, natural gas,
communications facilities, water, sewers, storm
drainage, solid waste disposal? X
Discussion: This is an annexation to provide sewer
service to planned areas of development
9. Public Services Will the project result in the
need for:
a) New or altered services in the following areas:
fire protection, police protection, schools,
parks or other recreational facilities, roads,
flood control or other public works facilities,
public transit or other governmental services?
b) Alteration of sphere of influence boundaries?
c) Alteration of service district boundaries?
Discussion:
10. Transportation/Circulation (Consider the
Circulation Element) Will the project result in:
a) Generation of additional vehicular movement with
initiation or intensification of circulation
problems (consider road design, project access,
congestion, hazards to vehicles, pedestrians)? X
b) Effects on existing parking facilities, or
demands for new parking?
c) Impact on existing waterborne, rail, air or
public transportation systems?
Discussion: Some minor growth associated with
new construction
S N C No U N/A
X
X
X
X
x
x
-5-
S N C No U N/A
11. Growth Inducement Will the project:
a) Alter the location, distribution, density
or growth rate of the human population of
an area?
b) Affect existing housing or create a demand
for additional housing?
c) Establish a precedent for additional requests
for similar uses?
d) Impacts or include agricultural preserve
lands?
e) Impact on agricultural production?
Discussion: Annexation will allow tor city or County
approved housing projects to proceed
12. Aesthetics Will the project obstruct any public
scenic vista or view, create an aesthetically
offensive site open to public view, or produce
new light or glare?
Discussion:
13. Recreation Will the project affect the quality
or quantity of recreational opportunities?
14. Archeological/Historical Are there known
archeological, historical or other resources on
the site or in the general vicinity? (Historical
Resources Inventory and archeological site maps)
Discussion:
15. Hazard Will the project result in a risk of
explosion, release of hazardous substances or
other dangers to public health or safety?
Discussion:
x
x
x
x
x
x
x
x
x
-6-
16. Other (Consider impact on open space or
sprawl) Will the project result in other
significant effects on the environment?
Discussion:
17. Mandatory Findings of Significance
(A "significant" check on any of the following
questions requires preparation of an EIR)
a) Does the project have the potential to degrade
the quality of the environment, or curtail the
diversity in the environment?
b) Does the project have the potential to
achieve short-term, to the disadvantage of
long-term, environmental goals?
c) Does the project have impacts which are
individually limited, but cumulatively
considerable?
d) Does the project have environmental
impacts which will cause substantial adverse
effects on human beings, either directly or
indirectly?
Discussion:
Local Agency Formation Commission
of Contra Costa County
McBrien Administration Building, 8th Floor
651 Pine Street
Martinez, California 94553
(415) 646-4090
~ !i f No U N/A
X
X
X
X
X
NOTICE OF DETERMINATION Oh PROJECT UNDER
CALIFORNIA ENVIRONMENTAL QUALITY ACT
County Clerk, County of Contra Costa
From:
Local Agency Formation Commission (LAFCO)
of Contra Costa County
8th Floor Administration
Martinez, CA 94553
Subject: Filing of Notice of Determination in Compliance
with Section 21108 or 21152 of the Public
Resources Code (CEQA Guidelines 15075, 15094, 15096[i))
PROJECT TITLE, LOCATION, AND DESCRIPTION:
District Annexation No. 119 to Central Contra Costa Sanitary
District (CCCSD) and Adoption of a Negative Declaration
(LAFC 91-4)
This application annexed + or - 55 acres in eight
separate parcels generally adjacent to existing CCCSD
boundaries in the vicinities of the communities of Danville,
Martinez, and Walnut Creek. Properties submitted for
annexation are identified by Assessor Parcel Nos. 139-430-001,
002, 003, 004, 005; 162-132-001 and 002; 167-130-033;
203-160-004; 203-171-008 and 013; 216-151-003; 216-160-008;
365-160-024, 025; 366-140-014. The Executive Officer
recommended amending the boundary of affected territory to
include an additional parcel of land identified by APN
139-430-006. A Negative Declaration was adopted, pursuant
to the California Environmental Quality Act, finding that
the subject project (proposed annexation) will not have a
significant effect on the environment.
This is to advise that LAFCO, as lead agency, has
made the following determinations regarding the above-described
project:
Project: ~Approved __Denied Date:
5/8/91
The project will ~will not have a significant effect
on the environmen~
The Commission adopted a Negative Declaration for this
project pursuant to the provisions of CEQA.
A statement of Overriding Considerations __was ~was not
adopted by LAFCO for this project.
Mitigation measures were x were not made a condition
of approval of the projec~by LAFCO.
121-1/J{-Il-hUA~/l ~uttL/
Annamaria Perrella
Executive Officer
MAY 1 3 1991
Date
cc: File
AFFIDAVIT OF POSTING
I declare that on s- /~-l- q / I received and posted this
Notice as required by Pub. Resources Code Section 21152(c). It
will remain posted for 30 days.
~/I1. ':744'
Signatu~/
Title
Filed: MAY 1 3 1991
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.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
3
PAGE 1 OF
POSITION
PAPER
BOARD MEETING OF
June 13, 1991
NO.
6. CONSENT CALENDAR e.
DATE June 10, 1991
SUBJECT
AUTHORIZE CONSENT TO COMMON USE AGREEMENT WITH THE
CITY OF WALNUT CREEK FOR SOUNDW ALL CONSTRUCTION
WITHIN THE DISTRICT'S EASEMENT AT THE FORMER SOUTHERN
PACIFIC RIGHT OF WAY
TYPE OF ACTION
AUTHORIZE
AGREEMENT
SUBMITTED BY
Andrew J. Antkowiak
Assistant Engineer
INITIATING DEPT /DIV. Engineering Department
Engineering Division
ISSUE: The City of Walnut Creek has requested the District's approval to allow construction of a
sound wall within a District sanitary sewer easement.
Background: The City of Walnut Creek is proposing to build a road extension in the former Southern
Pacific Railroad right-of-way between Newell Avenue and Rudgear Road. To mitigate noise created
by the new roadway, the city is required to construct soundwalls on both sides of the road extension.
The proposed sound wall on the west side of the South Broadway road extension needs to be located
within the District's existing easement for the 66-inch Walnut Creek Bypass sewer and the city has
requested permission from the District to build the sound wall over the District's pipeline. The location
of the common use easement is shown on Attachment 1 and typical cross section on Attachment 2.
The existing 66-inch reinforced concrete sewer pipe was constructed between 1987 and 1990 and
varies in depth from 15 to 25 feet. The city has cooperated with the District's staff and has agreed
to all of the District's conditions for common use of the easement as stipulated in the Common Use
Agreement. The City Council is scheduled to consider approval of the Common Use Agreement on
June 11, 1991.
The conditions contained in the agreement grant the District the right to close the street to traffic and
require the city to be responsible for any loss, expense, damage, and any extra costs to the District
that may result from placing the soundwall within the District easement. In addition, the city is
required to design the soundwall on spread footings and in removable sections, generally twenty feet
(20') or less in length. To facilitate access to the sewer, the proposed soundwall will contain no
concrete barriers and will have recessed sections at sanitary sewer manholes. The conditions also
require the city to enter into a separate sewer relocation agreement with the District for an existing
10-inch sewer east of the South Broadway extension. The District's staff is evaluating sewer route
alternatives and negotiating the relocation cost sharing agreement with the city now. After completion
of the negotiations, staff will make a presentation to the Board of Directors describing the
recommended relocation and terms of the cost sharing agreement.
This project (the proposed common use agreement) has been evaluated by staff and has been
determined to be exempt from the California Environmental Ouality Act (CEOA) under District CEOA
Guidelines, Section 18.6, since it involves a minor alteration in land use limitations. Board of Director's
approval of this project will constitute agreement with this determination unless otherwise indicated.
Recommendation: Authorize the Consent to Common Use Agreement with the City of Walnut Creek
and authorize the President of the Board of Directors and the Secretary of the District to execute said
agreement, and authorize the agreement to be recorded.
AJA
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INITIATING DEPT.lDIV.
1302A-9/65
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SOUTH BROADWAY EXTENSION
COMMON USE EASEMENT
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2523-9/8:
.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1
OF 2
POSITION PAPER BOARD MEETING 3une 13, 1991
NO.
6. CONSENT CALENDAR f.
SUBJECT
ACCEPT THE CONTRACT WORK FOR THE DISTRICT VEHICLE
PARKING PROJECT (DISTRICT PROJECT 20062) AND AUTHORIZE
THE FILING OF THE NOTICE OF COMPLETION
DATE
June 4, 1991
TYPE OF ACTION
ACCEPT CONTRACT
WORK
SUBMITTED BY
Munawar Husain, Associate Engineer
INITIATING DEPT IDIV
Engineering Department/Construction Division
ISSUE: Construction has been completed on the District Vehicle Parking Project and the work
is now ready for acceptance.
BACKGROUND: The contract work included construction of an 8,300 square foot asphalt
parking lot on the treatment plant site. Also included were improvements to the storm drainage
system at the site. The location of the new parking lot is to the east of the Headquarters Office
Building (HOB), as shown in Attachment I. This parking lot will provide parking for District
vehicles that will be relocated from the basement of the HOB as a part of the Office Space
Expansion Project. The new parking lot will also provide spaces for District vehicles that were
previously parked in unpaved areas in the vicinity of the trailers east of the HOB. This project
is a component of the Expansion of Plant Parking Area Project, District Project No. 20062, and
is included in the 1990-91 Capital Improvement Budget beginning on page TP-81 .
The contract was awarded to the lowest responsible bidder, B & B Grading and Paving, Inc.
(B & B), on April 4, 1991, by the District Board. B & B was issued a Notice to Proceed on April
23, 1991. The original contract completion date was June 13, 1991. The contract work has
been completed eight calendar days ahead of schedule with beneficial use of the new facilities
occurring on June 5, 1991.
It is appropriate to accept the contract work at this time. The total project budget is $84,000.
A detailed accounting of the project costs will be provided to the Board at the time of project
close out.
RECOMMENDATION: Accept the contract work for the District Vehicle Parking Project (District
Project 20062) and authorize the filing of the Notice of Completion.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302A-9/B5
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1
.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF
POSITION
PAPER
BOARD MEETING OF
NO.
June 13, 1991
6.
DATE
CONSENT CALENDAR 9.
SUBJECT
AUTHORIZE LEAVE OF ABSENCE WITHOUT PAY FOR
JACQUELINE ZAYAC, PLANNING ASSISTANT,
FROM JULY 5,1991, THROUGH AUGUST 29,1991
TYPE OF ACTION
AUTHORIZE LEAVE
SUB"4ITTED BYM K II
.James . e y
Planning Division Manager
INITtA TJ,NG OEPT/D.IV
t:nglneenng Department
Planning Division
ISSUE: Board approval is required for an Employee Leave of Absence Without Pay for longer
than 30 working days.
BACKGROUND: Jacqueline Zayac, Planning Assistant, has been on Pregnancy Disability
Leave since February 9, 1991. Under the provisions of the MOU, she may take up to six
months leave for the birth of her child by using a combination of pregnancy disability leave,
sick leave, vacation, earned overtime, and leave of absence without pay. Ms. Zayac has
requested the Board approve a Leave of Absence Without Pay from July 5, 1991, through
August 29,1991.
RECOMMENDATION: Authorize a Leave of Absence Without Pay for Jacqueline Zayac,
Planning Assistant, effective July 5, 1991, through August 29, 1991.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
JM~
?::-.
ROGER J. DOLAN
INITIATING DEPT.lDIV
1302A-9/85
PAGE 1 OF25
June 13, 1991
NO.
7. SOLID WASTE a.
SUBJECT
ADOPT RESOLUTION AUTHORIZING CENTRAL CONTRA
COSTA SANITARY DISTRICT TO ENTER INTO A
JOINT POWERS AUTHORITY (JPA) WITH CONTRA COSTA
CITIES, THE COUNTY, AND OTHER FRANCHISING
DATE
June 4, 1991
TYPE OF ACTION
ENTER INTO JPA
APPOINT TWO
REPRE ENT A TIVES
Paul Morsen, Deputy General Manager
INITIATING DEPTJOIV.
Administrative
ISSUE: Board action is needed to enter into a Joint Powers Agreement with other agencies.
BACKGROUND: In recognizing the need for improved solid waste management in Contra Costa
County, improved level of cooperation between agencies to accomplish the myriad of tasks
required by AB939, and the need for regional planning, a steering committee was formed by the
Mayors' Conference to encourage solid waste activities through a county-wide JPA representing
all franchising agencies. Steering committee members are Susan Rainey, Avon Wilson, Nancy
Parent, and Rosemary Corbin. (The original chairperson, Roy Hawes, retired in the midst of this
effort and was replaced by Avon Wilson.) The committee has worked for over two years toward
this effort and developed an agreement, attached, for Contra Costa County cities, the county,
and garbage franchising sanitary districts to consider. Cooperative solid waste planning, as well
as other solid waste activities that the JPA determines, will be the charge of the JPA.
The steering committee and staff have worked diligently to establish a cooperative climate in the
county with regard to solid waste planning. Establishing a county-wide JPA would benefit
everyone involved as a result of regional planning n especially the rate-paying public. The Board,
if it authorizes the District to join the JPA, will be required to appoint a Board member and an
alternate member to represent the District.
RECOMMENDATION: 1) Adopt the attached resolution authorizing membership of Central
Contra Costa Sanitary District in the Contra Costa Solid Waste Authority; 2) Appoint a member
and an alternate member of the Board to represent the District on this body.
REVIEWED AND RECOMltfENDED FOR BOARD ACTION
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CONTRA COSTA COUNTY
JOINT POWERS AUTHORITY
Steering Committee
April 29, 1991
Honorable John Clausen, President
Board of Directors
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
Dear Mr. Clausen:
For over two years, a number of elected and appointed representatives of Contra Costa
cities and special districts have been meeting for the purpose of developing a County-wide
Joint Powers Authority to better plan and manage solid waste within Contra Costa
County. The committee has circulated a draft agreement to cities and sanitary districts
and the County. The Town of Moraga requested one change which was made to clarify
the document. This change is in Article 6, Section D. The draft document was presented
to the Contra Costa Mayors' Conference and the Contra Costa Sanitation and Water
Agencies Organization for recommendation. It was the consensus of these two
organizations that a final document be presented to each city and the franchising sanitary
districts, as well as the County recommending they join this new Authority.
The purpose of this letter is to transmit the final Joint Powers Authority document and
a sample implementing resolution. You are requested to place this matter before your
Council/Board for adoption at a properly noticed public hearing as soon as possible in
accordance with your scheduling policy. It is planned that the first meeting of the
Authority will be on June 27, 1991 at 7:30 p.m. The location will be announced later.
Should your city or district wish a presentation at a workshop prior to your public hearing,
please contact Paul Morsen, Deputy General Manager of the Central Contra Costa
Sanitary District (689-3890). He can arrange for members of the Steering Committee to
make a presentation at your Councilor Board Meeting. Also, it would be appreciated if
you would call Mr. Morsen and let him know when this matter is scheduled for hearing,
as a member of the Steering Committee will try to be present.
Steering Committee staff has worked with County staff to incorporate as many of their
suggestions as possible, without changing the intent of the organization. We are unsure,
as of this time, whether the County wishes to join. This letter provides them that
opportunity; it is hoped they will come to the table and work with all of us to
Honorable John Clausen, President
Board of Directors
Page 2
April 29, 1991
cooperatively undertake solid waste planning which is so critical now under Assembly Bill
939.
Thank you in advance for your attention to this matter. The Steering Committee hopes
to be meeting with you soon in a County-wide solid waste planning organization.
Sincerely,
tl;?f;uk
von Wilson
Councilmember,
City of Lafayette
Chair, JPA Steering Committee
f1J4Ad'>-' /h;9:'Y~~
Susan McNulty Rai ey flJ---
Board Member,
Central Contra Costa Sanitary District
'" .
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N~. Parent
Councilmember,
City of Pittsburg
Rosemary M. rbin
Councilmember,
City of Richmond
;() / )
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cc: P. Morsen
General Manager
ADS/Morsen #3/JPA.Ltr
JOINT EXERCISE OF POWERS AGREEMENT
CONTRA COSTA SOLID WASTE AUTHORITY
ARTICLE 1: PURPOSE
A. Puroose of Aareement: It is the purpose of this Agreement to
establish, pursuant to the Joint Exercise of Powers Act, a public
entity separate from each of the agencies. This public entity is to be
known as the Contra Costa Solid Waste Authority, hereinafter
referred to as the n Authority. ..
B. Puroose of Authoritv: The purpose of the Authority shall be to
exercise certain powers set forth below in a manner which will
assure the citizens of the agencies that solid waste activities in
Contra Costa County will be conducted in a manner most consistent
with the general public good and the protection of the environment.
1
ARTICLE 2: DEFINITIONS
1 . Contra Costa Waste Manaaement Authoritv
The "Contra Costa Waste Management Authority" shall be the name
of the separate public entity created by this Agreement, which entity
may also be hereinafter referred to in this document as the
" Authority. "
2. Hazardous Waste
Hazardous waste means a waste or combination of wastes which,
because of its quality, concentration, or physical, chemical, or
infectious characteristics, may do either of the following:
a. Cause, or significantly contribute to, an increase in mortality
or an increase in serious irreversible, or incapacitating
reversible illness.
b. Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored,
transported, or otherwise managed.
Unless expressly provided otherwise, hazardous waste includes
extremely hazardous waste and acutely hazardous waste, and any
waste defined as hazardous by applicable federal or state statutes
and regulations.
3. Household Hazardous Waste
Household Hazardous Waste includes all chemicals and other
products commonly used in daily life, and commonly found in
domestic households which contain hazardous substances when
such chemicals or other products are disposed of as worthless,
whether such substances are disposed of as a part of the normal
domestic solid waste or discarded in some other manner. For the
purposes of this definition, "hazardous substance" means a
hazardous substance as defined in Section 25316 of the Health and
Safetv Code.
2
4. Member Aaencv
A member agency for purposes of this Agreement shall mean each
city, county, or special district that is a signatory to this Agreement.
5. Recvclables
Recyclables include all solid waste, other discarded materials, or
materials that would otherwise become solid waste which may be
recycled. Recyclables, for the purpose of this Joint Power Authority,
include, but are not limited to, aluminum and tin cans, plastics, glass,
green waste, and paper products.
6. Recvcle or Recvclina
"Recycle" or "recycling" means the process of collecting, sorting,
cleansing, treating, and reconstituting materials that would otherwise
become solid waste, and returning them to the economic mainstream
in the form of raw material for new, reused, or reconstituted
products which meet the quality standards necessary to be used in
the marketplace. "Recycling" does not include transformation, as
defined in Section 40201 of the Public Resources Code.
7. Reaional Facilitv
A regional solid waste facility shall mean a facility that provides solid
waste handling services, including disposal, and/or composting for
the constituents and/or the .collector for the constituents of more
than one member of the Authority.
8. Reaulation of Rates
The "regulation of rates" as used herein shall be defined to be the
whole of the process of reviewing costs of operation and the fixing
of rates to be levied and collected at facilities or by enterprises which
provide regional solid waste handling services to users within the
jurisdictions of the member agencies. Regulation of rates shall be in
accordance with Attachment "A" which is appended to this
document. The regulation of rates as used herein does not include
the regulation of garbage collection rates under franchises held by
member agencies unless such individual member agencies specifically
delegate or assign such responsibility to the Authority.
3
9. Solid Waste
a. Except as provided in subdivision "b", "c" and "d" below,
solid waste means all putrescible and non-putrescible solid,
semisolid, and liquid wastes, including garbage, trash, refuse,
paper, rubbish, ashes, industrial wastes, demolishing and
construction wastes, abandoned vehicles and parts thereof,
discarded home and industrial appliances, dewatered, treated
or chemically fixed sewage sludge which is not hazardous
waste, manure, vegetable or animal solid and semisolid
wastes, and other discarded solid and semisolid wastes. Solid
waste includes commonly discarded recyclables such as glass,
aluminum, paper, and plastic products.
b. Solid waste does not include hazardous waste and/or liquid
petroleum waste products, excepting household hazardous
waste as defined elsewhere herein.
c. Solid .waste does not include low-level radioactive waste
regulated under Chapter 6.7 (commencing with Section
25800 of Division 20 of the Health & Safety Code).
d. Solid waste does not include medical waste which is regulated
pursuant to the Medical Waste Management Act (Chapter 6.1
{commencing with Section 25015} of Division 20 of the
Health & Safety Code), provided that the medical waste,
whether treated or untreated, is not disposed of at a solid
waste facility which is subject to the powers invested in this
Authority. Medical waste which has been treated and which
is lawfully deposited into the normal solid waste stream shall
be considered solid waste for purpose of this Agreement and
shall be regulated.
4
ARTICLE 3: POWERS OF THE AUTHORITY
A. General Powers: The Authority shall have the powers common to its
member agencies and may:
1 . Advise the member agencies on issues related to regional solid
waste facilities and programs.
2. Advocate the interests of the member agencies related to
solid waste facilities and programs with local, state, and
federal agencies.
3. Maintain comprehensive County Integrated Waste
Management Plans by preparing and presenting proposed
revisions and amendments to same.
4. Plan for regional solid waste facilities and programs.
5. Regulate rates of regional solid waste facilities. Member
agencies may, by separate agreement, delegate rate regulation
for the collection of solid waste within their boundaries to the
Authority.
6. Advise member agencies on matters of solid waste rates and
charges.
7. Undertake such planning and related activities as may be
required of member agencies in order to comply with the
directives of the California Solid Waste Management, Source
Reduction, Recycling, Compacting and Market Development
Act of 1989 (AB 939), as amended as the members may
direct.
8. Develop and implement a financial plan to provide for closure
and post-closure of landfills containing wastes generated by
residents and businesses whose solid waste is franchised by
the member agencies as the members may direct.
9. Perform such other solid waste activities as the members may
direct.
10. Develop regional solid waste facilities and programs subject to
separate agreements with participating agencies.
5
11. Operate and/or contract for the operation of regional solid
waste facilities and programs subject to separate agreements
with participating agencies.
12. Develop a system of standardized franchise agreements and
uniform procedures governing the franchising of solid waste
collection and disposal for consideration by the member
agencies.
13. Develop rate review procedures applicable to the franchising
of solid waste collection and disposal for consideration by
member agencies.
B. Soecific Powers: In carrying out its general powers, the Authority is
hereby authorized to perform all acts necessary and proper to the
exercise of said powers, which may include, but are not limited to,
the following:
1. To make and enter into contracts including contracts of
insurance.
2. To apply for, and accept grants, advances, and contributions.
3. To employ or contract for the services of agents, employees,
consultants, and such other persons or firms as it deems
necessary.
4. To conduct studies.
5. To review the Contra Costa Integrated Solid Waste
Management Plan, and prepare and propose revisions or
amendments thereto, for approval by the appropriate bodies.
6. To acquire, construct, manage, maintain, operate, and control
any disposal sites, solid waste facilities, buildings, works, or
improvements.
7. To acquire, hold, or dispose of property.
8. To incur debts, liabilities, or obligations, subject to limitations
herein set forth.
9. To levy and collect fees and charges.
10. To issue bonds, subject to the provisions and limitations of
the statutes of the State of California.
6
11. To annually adopt, by April 1, a fiscal year budget to
commence July 1 and run through June 30, setting forth all
administrative, operational, and capital expenses for the
Authority, together with the apportionment of such expenses
by levy against each agency and other entities, to the extent
necessary.
12. To develop, construct, operate, and/or regulate regional
landfill disposal site(s), regional transfer facility(ies), or other
regional solid waste facilities, or to contract with a public
agency(ies) or private person(s) or corporation(s) to perform
such functions.
13. To represent the interests of Contra Costa County and/or the
member agencies in discussions and negotiations with other
entities outside Contra Costa County on matters of solid
waste.
14. To take the necessary actions to sponsor, support, or oppose
legislation affecting the solid waste interests of member
agencies and Contra Costa County.
C. Limitation on Powers: Notwithstanding the general and specific
powers set forth in this Agreement, nothing in this Agreement shall
be read to:
1. Prevent member agencies individually, or by agreement with
other agencies, from owning or operating solid waste handling
facilities for their regional area, or from implementing solid
waste management programs within their regional area
including, but not limited to, programs concerning closure of
facilities.
2. Limit a member agency's use of its discretion and authority
regarding land use matters.
3. Preclude any member agency from continuing to franchise for
the collection and disposal of solid waste or from levying a
reasonable franchise fee, or using such other lawful cost
recovery methods, as it may deem appropriate within its
jurisdictional boundaries.
7
ARTICLE 4: ORGANIZATION OF AUTHORITY
A. Membershio in the Authoritv: Membership in the Authority shall be
open to 1) all cities within Contra Costa County; and 2) any special
district or sanitary district within Contra Costa County which
franchises collection of solid waste, providing they agree to enter the
Authority under the terms of this Agreement. In addition, the County
of Contra Costa shall be entitled to membership.
B. Policv Board:The Authority shall be governed by the Contra Costa
Solid Waste Authority Policy Board, hereinafter called "Board," which
shall exercise all powers and authority on behalf of the Authority.
1. Duties of the Board: The Board shall perform all acts which it
determines to be necessary and proper to the carrying out of
the purpose of this Agreement and shall have the authority to
exercise all powers provided for in this Agreement, which may
include, but are not limited to:
a. Preparing and recommending action on the Contra
Costa County Solid Waste Management Plan, and
revisions or amendments thereto, to the County Board
of Supervisors and cities.
b. Preparing and recommending joint or cooperative action
with regard to compliance of member agencies with
the requirements of the California Solid Waste
Management, Source Reduction, Recycling,
Compacting and Market Development Act of 1989 (AB
939), as amended.
c. Considering, modifying, and approving the annual work
program and budget.
d. Levying fees and charges, as may be provided for in
this Agreement.
e. Authorizing, reviewing, and accepting reports and
studies.
f. Regulating rates for regional solid waste facilities and
programs which provide services to the member
agencies.
8
g. Accepting agencies as subsequent parties to this
Agreement, and members of the Authority, and
admitting their representatives to the Board.
2. Board Members: The Board shall consist of one member of the
governing body of each of the member agencies. Upon
execution of this Agreement, the governing body of each
agency shall, by resolution, appoint one of its members to
serve as a member of the Board and another individual to
serve as an alternate member of the Board, who may be an
elected official of the member agency, to serve in the absence
of the regular member. The governing body of each member
agency shall review its appointee to the Board every two
years. There shall be no limit on the number of terms of a
Board member.
3. Subseauent Board Members: Any agency which franchises
solid waste collection in Contra Costa County, including
agencies formed after the effective date of this Agreement,
may become members of the Authority by presenting an
adopted resolution to the Board requesting membership in the
Authority. Membership in the Authority shall be. contingent
upon a majority of affirmative votes cast by members of the
Board accepting the agency, and upon payment of any
charges established by the Board as a prerequisite for
membership.
4. Board Officers: The Board shall elect from its members a
Chairperson and a Vice-Chairperson. The Chairperson shall
preside over all meetings according to the Rules of Procedure
adopted by the Board. The Board Chairperson shall represent
the Authority and execute any contracts and other
documents, as required by the Rules of Procedure. The Board
shall designate a Secretary who shall notice all meetings and
cause minutes to be taken of all meetings, and serve as
custodian of the official records of the Authority.
5. Board Rules: The Board is empowered to establish Rules of
Procedure, and may do any and all things necessary to carry
out the purpose of this Agreement. All actions taken by the
Board in carrying out the powers of the Authority may be
exercised by a majority vote of all members present, except
as to the following, which will require an affirmative vote on
behalf of a majority of member agencies, which agencies total
weighted vote constitutes a majority of all votes available:
9
I
a. Adopting a Budget Plan and Work Plan.
b. Levying fees against member agencies.
c. Authorizing the acquisition or construction of a solid
waste facility.
d. Recommending amendments to the Contra Costa
County Integrated Waste Management Plan.
6. Voting: The Authority shall cause the number of votes
assigned each member agency to be determined each year, so
as to provide for weighted voting based on the current
population of the franchised service area, as more fully set
forth below:
a. Cities where a special district franchises solid waste
collection within said city shall have half the votes
otherwise assigned to the city as determined by the
population set forth below, and the franchising special
district shall have the remaining half of the assigned
vote(s) .
b. Large cities or agencies having a minimum of 40,001
population within the franchised area will receive three
votes.
c. Medium cities or agencies having between 20,001 and
40,000 population within the franchised area will
receive two votes.
d. Small cities or agencies having less than a 20,001
population within the franchised area will receive one
vote.
e. The County shall be granted two votes immediately
upon membership. However, if the County at any time
franchises for an area with a combined population
within the franchised area of 40,001 or greater, the
County shall receive three votes.
7. Meetinas of the Board:
a. Reaular Meetinas: The Board shall hold monthly
meetings.
10
b. Seecial and Emeraencv Meetings: Special and
emergency meetings of the Board may be called in
accordance with the provisions of Sections 54956 and
54956.5 of the California Government Code.
c. Notice of MeetinQs: All meetings of the Board shall be
held subject to the provisions of the Ralph M. Brown
Act, Sections 54950 et. seQ. of the California
Government Code, and other applicable laws of the
State of California governing the notice requirements
applicable to the meetings of public bodies.
d. Minutes: The Board Chairperson shall cause minutes of
all meetings, excepting closed sessions, to be kept and
shall, as soon as possible after each meeting, cause a
copy of the minutes to be forwarded to each member
of the Board and each member agency.
8. Committees and Staffina
a., Technical Advisorv Groue: A Technical Advisory Group
may be created by the Authority. The Technical
Advisory Group may be composed of appointed staff
from member agencies with approval of the member
agencies' board or council and/or consultants, as
determined by the Authority, and shall advise the
Authority as to matters of concern to the Authority.
b. Ad hoc Committees and Task Forces: Ad hoc
Committees and Task Forces may be created by the
Authority. Ad hoc Committees and Task Forces may be
composed of appointed staff from member agencies,
with approval of the member agencies' board, and/or
council members, consultants, or citizen volunteers, as
determined by the Authority, and shall advise the
Authority as to matters of concern to the Authority.
c. Executive Committee: The Authority may appoint an
Executive Committee among its membership to manage
the affairs of the Authority. The composition and
authority of the Executive Committee shall be
determined by the Authority.
d. Reaional Subcommittees: Regional Subcommittees may
be created by the Authority. Regional Subcommittees
may be composed of elected officials and appointed
11
staff from member agencies with approval of the
member agencies' board and councils. The Regional
Subcommittees shall advise the Authority as
appropriate.
e. Staffina: During the interim period prior to the
contracting for or hiring of professional staff, the
agencies may provide staff, including County staff, to
the Authority as may be necessary for the Authority to
fulfill its duties. As necessary, the Authority may
contract with, or employ firms and/or individuals, to
perform such tasks or duties as deemed necessary by
the Authority, including a General Manager who shall
have such duties and authority as the Authority may
delegate to such General Manager, subject to the terms
of this Agreement.
12
ARTICLE 5: TERMS OF AGREEMENT
A. Effective Date: This Agreement shall become effective on the date
of its execution by one-half (1/2) of all of the eligible entities
representing a majority of Contra Costa County's population.
B. Amendments: This Agreement may be amended by the affirmative
vote of the governing bodies of not less than two-thirds (2/3) of all
member agencies casting votes equaling not less than two-thirds
(2/3) of all votes available, in accordance with Article 4, Section 6.
C. Withdrawal: Any party may withdraw from this Agreement upon one
year's notice given prior to June 1 of any year to the Chairperson of
the Policy Board. The withdrawing agency shall be liable for its share
of any operating expenses incurred up to the effective date of its
withdrawal, which shall be July 1 of the year following the giving of
notice. The Notice of Withdrawal shall be in resolution form and
approved by a majority vote of the governing board of the
withdrawing party. The withdrawal of a party from the Authority
shall not relieve that party from paying its share of any debt incurred.
while said party was a member; nor will such withdrawal affect
separate agreements between member agencies pursuant to Section
B, Article 6 herein. The withdrawal of such member agency shall
not terminate such member agency's responsibility for any liability of
such member agency incurred while a member under Title I Division
3.6 of the Government Code, and further provided that the
withdrawing agency must pay to the Authority on the effective date
of withdrawal, all money which may be owing to the Authority for
the withdrawing agency's proportionate share of liability under this
Agreement, as set forth in Section B, Article 8 herein. If the amount
of the liability is not yet reasonably fixed on the date of withdrawal,
the withdrawing agency shall pay its proportionate share of said
liability promptly thereafter when such sum can be reasonably fixed.
13
ARTICLE 6: AUTHORITY FINANCING
A. Financial Accountabilitv: Books of accounts will be maintained by the
Authority to enable issuance of financial statements which present
its financial condition and results of operations. The financial
statements will be issued to all member agencies quarterly and will
be prepared in accordance with generally accepted accounting
principles. An annual audit of the Authority's financial statements
will be performed by an independent Certified Public Accountant.
B. Seoarate Aareements: Financing and commitment of waste stream
for solid waste facilities and programs related to the transfer,
disposal, or recovery of resources from solid waste shall be subject
to separate agreements between the Authority and agencies.
Financing of specific capital projects, such as the acquisition,
construction, or operation of solid waste facilities by the Authority
shall be subject to separate contracts between the Authority and
member agencies which intend to participate in the specific facility.
The contracts shall set forth each agency's responsibility for capital
expenditures and operating expenses, as well as such other terms as
may be appropriate.
C. Debt: The Authority may issue or cause to be issued bond and other
indebtedness, and pledge any property or revenues as security to the
extent permitted by law.
D. Ooeratina Income: The Authority shall adopt a budget annually and
fix the allocation of operating costs to be borne by each franchising
member agency. The franchising member agency's allocated share
of said costs shall be paid by the franchising member agency. The
Authority shall have the right to fix and impose such allocated shares
of operating costs as a fee or charge against the franchising member
agency to the extent permitted by law. The franchising member
agency may derive such cost, fee, or charge from any source
acceptable to the franchising member agency, including the franchise
fees associated with the collection operations. It is the intent of the
parties to derive operating revenue for the Authority from fees and
charges at facilities; however, any short fall in Authority operating
revenues will be imposed on franchising member agencies as set
forth herein.
1. Proarams of General Interest: In general, the programs of the
Authority shall be for the general benefit of all member
14
agencies. To the extent possible, the cost of such programs
shall be prorated so that the charge per franchised household
is uniform among all members.
2. Proarams of Soeciallnterest: From time to time the Authority
may conduct programs, the benefits of which fall dispropor-
tionately among the members. If this is the case, such
programs of special interest, and a decision to undertake or
continue such programs, must be made by a two-thirds (2/3)
majority vote of all member agencies casting total votes
equaling not less than two-thirds (2/3) of all votes available.
The proration of the cost of such programs must be decided
upon prior to making the decision to conduct the program.
15
ARTICLE 7: EXERCISE OF AUTHORITY'S POWERS
This Agreement is entered into under the provisions of Article 1 of Chapter
5, Division 7, Title One of the California Government Code concerning Joint
Powers Agreements. As to those powers vested in the Authority pursuant
to Section 6508 of the Government Code, they shall be exercised in the
same manner and subject to the same restrictions as those applicable to a
sanitary district pursuant to the statutes and laws of the State of California.
16
ARTICLE 8: OBLIGATIONS OF AUTHORITY
A, Other than as set forth below, any and all debts, liabilities, and
obligations incurred by or imposed upon the Authority shall be the
debts, liabilities, and obligations solely of the Authority and no capital
or administration debt, liability, or obligation shall thereby be imposed
upon any party to this Agreement or the collective parties hereto.
B. The tort liability of the Authority, all members of the Board, and all
officers employed and employees of said Authority shall be controlled
by the provisions of Division 3.6 of Title I of the Government Code
of the State of California. Any tort and contractual liability incurred
by or imposed upon the Authority shall remain the sole liability of the
Authority, rather than the liability of member agencies, to the full
extent such allocation of liability is permitted by law. In the event
tort liability is required by law to be imposed on the member
agencies, the allocation of liability among the member agencies shall
be in proportion to each member agency's relative contribution to the
waste stream. Each member agency's share shall be in the same
proportion as each member agency's allocated share of operating
costs for the year out of which the claim arises.
The provisions of said division relating to the indemnification of
public employees, and the defense of actions against them arising
out of any act or omission occurring within the scope of their
employment, shall apply to all Authority directors, officers, and
employees.
Notwithstanding the specific terms of this section, the Authority and
the member age'ncies shall retain the power to allocate liability
between the Authority and the member agencies, or among the
member agencies, in a manner other than as set forth above,
pursuant to written agreement to do same for specific projects or
undertakings of the Authority.
17
ARTICLE 9: TERMINATION OF AUTHORITY
A. Termination or Dissolution of the Authoritv: This Agreement shall
continue in force until rescinded or terminated, as specified by this
section. This Agreement may be terminated at the end of any
Authority fiscal year by a two-thirds (2/3) majority vote of all then-
existing members of the Authority.
B. Division of Prooertv on Dissolution or Termination: Upon termination
or dissolution of the Authority as a legal entity, all debts of, and
advances to, the Authority shall be paid. Upon payment of all debts
and liabilities of the Authority, every then-member of the Authority
at the time of said termination shall be entitled to receive such
property and surplus money of the Authority as may lawfully be
distributed in proportion to the most recent apportionment of
expenses as described herein among all of the agencies who are
parties to this Agreement at the time of its dissolution. In the event
that liabilities under Division 3.6 of Title I of the Government Code
of the State of California exceed or have the potential to exceed the
assets of the Authority, the member agencies shall assume those
obligations remaining upon termination, as general obligations of the
member agencies; provided, however, as between member agencies,
said liabilities shall be allocated between said member agencies as
defined in Section B of Article 8.
C. Sale of Assets: At such time that a termination decision is adopted
by the Authority, the Board shall expeditiously sell, or otherwise
dispose of, according to applicable law, all of the lands, rights-of-
way, easements, equipment, public improvements, works, and
facilities of the Authority.
The monies received by the Board from such sale or disposition, to
the extent they would otherwise be credited to the Capital Reserve
Account, together with the monies in the Capital Reserve Account,
shall be distributed among the then-members of the Authority in
proportion to the most recent apportionment of expenses among the
then-member agencies, to the extent that such reimbursement has
not previously been made.
D. Successor/No Successor Aaencv
1. Successor Aaencv: In the event of termination of the
Authority where there is a successor public entity which will.
carryon the activities of the Authority and assume its
18
obligations, Authority funds, including any interest earned on
deposits, remaining upon termination of the Authority and
after payment of all obligations, and its real and personal
property shall be transferred to the successor public entity.
2. No Successor Aaencv: If there is no successor public entity
which would carryon any of the activities of the Authority or
assume any of its obligations, Authority funds, including any
interest earned on deposits, remaining upon termination of the
Authority and after payment of all obligations, and its real and
personal property, shall be returned to the member agencies
as determined by the Board.
3. Partial Successor AQencv: If there is a successor public entity
which would undertake some of the functions of the Authority
and assume some of its obligations, Authority funds, including
any interest earned on deposits, remaining upon termination
of the Authority and after payment of all obligations and its
real and personal property, shall be allocated by the Board
between the successor public entity and member agencies.
E. Board Allocation Final: In the event the Authority is terminated, all
decisions of the Board with regard to determinations of property and
funds to be transferred to member agencies or any successor made
pursuant to the terms of this Agreement shall be final.
ADS/JPA/0003344.09
19
Attachment A
RATE REGULATION OF SOLID WASTE FACILITY
The features of rate regulation described below shall be a guide for the
Authority to follow in regulating rates at solid waste facilities.
o The initially established landfill disposal or transfer station fee should
be changed no more frequently than annually on the basis of the
submission of an application for fee increase.
o Application for fee increase should be submitted to the regulatory
agency three months prior to the effective date of the change.
o Application for fee increase should be submitted on a pre-printed, pro
forma rate application designed to elicit the financial, operating, and
other related information to permit analysis of the bases for the
requested fee increase.
o The fee increase requested should be suppo~ted by actual and
forecasted operating statements, balance sheets, and statements of
retained earnings.
o Audited financial statements for the landfill or transfer station
operations, on a separate entity basis, for the immediate preceding
reporting year should be submitted as a required component of the
rate application.
o Applications for fee increases should be analyzed by the regulatory
agency and the fee adjustment determined on the basis of the
established rate-setting methodology, e.g. Operating Ratio, Return on
Equity, Return on Fixed Assets.
o Controls on funds collected for landfill closure and post-closure costs
should be established. Such funds should be deposited in a separate
bank account and made subject to the shared control of the
regulatory agency. An annual summary of receipts and
disbursements should be audited by the external auditors and
submitted to the regulatory agency with the audited financial
statements.
ADS/JPA/0003344.09
20
RESOLUTION NO. 91 -
A RESOLUTION AUTHORIZING MEMBERSHIP IN
THE CONTRA COSTA SOLlO WASTE AUTHORITY
WHEREAS, the cities of greater Contra Costa, along with the special districts that
franchise for the collection and disposal of solid waste, have analyzed and jointly
discussed the value to the individual entities to cooperatively undertake certain aspects
of solid waste management and planning responsibilities, including issues related to
recycling and source reduction pursuant to a Joint Powers Agreement; and
WHEREAS, it has been agreed through these joint discussions that substantial
benefits to the public at large may be available through the joint undertaking by these
agencies of certain solid waste handling activities; and
WHEREAS, the discussions, analyses, and determinations undertaken strongly
suggest that the cooperative efforts by the effected entities will benefit the general public
through better management of Contra Costa solid waste, increased coordination of public
solid waste efforts, improved dissemination of solid waste and recycling information, and
the potential for cost savings through the cooperative undertakings of efforts on behalf
of multiple agencies; and
WHEREAS, as a result of said discussions, analyses and determinations, a Joint
Exercise of Power Agreement has been drafted to create a separate public entity known
as the Contra Costa Solid Waste Authority; and
WHEREAS, the entering into of such a joint powers authority agreement requires
the order or resolution of this Board/Council;
THEREFORE, BE IT RESOl VEO:
THAT the (city/district) hereby undertakes to join
as a member agency, along with other governmental jurisdictions within the County of
Contra Costa as may also join, the Contra Costa Solid Waste Authority, separate joint
powers authority; and
THAT the (city/district) hereby appoints
, one of its elected members as its representative on the Contra
Costa Solid Waste Authority and as its alternate member.
THAT the (president/mayor) of the
(district board/city council) and the (secretary/clerk) of the
(city/district) are hereby authorized to execute that certain Agreement
on behalf of the (district/city), and staff is further directed to undertake such actions as
may be required for the carrying out of the formation of the Contra Costa Solid Waste
Authority, a joint powers agency.
PASSED AND ADOPTED this _ day of
, 19_ by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
ADS/JPA/Resolutio.OO2
.
Centra~ ~ontra Costa Sanitary _)istrict
BOARD OF DIRECTORS
PAGE 1 OF 4
POSITION PAPER BOARDMEETING~une 13, 1991
NO.
8. COLLECTION SYSTEM a.
SUBJECT
AUTHORIZE GENERAL MANAGER/CHIEF ENGINEER TO
EXECUTE AN AGREEMENT WITH MILLER PIPELINE INC.
TO REPLACE 3, 126-FEET OF SMALL DIAMETER SEWER PIPE
USING THE XPANDIT PROCESS WITH A COST CEILING
OF $299,237.
DATE
June 7, 1991
TYPE OF ACTION
AUTHORIZE
AGREEMENT
SUBMITTED BY
INITIATING DEPT./DIV.
Tom Godsey, Assistant Engineer
Collection System Operations
ISSUE: Board authorization is required for the General Manager-Chief Engineer to execute
construction contracts over $10,000 and to exempt projects from public bidding for field testing
purposes.
BACKGROUND: The District started its investigation of trenchless construction technologies in
1985. After the initial technical investigation it became apparent that actual field demonstration
projects were needed to assess the specific requirements and constraints for each technology.
To date, three technologies have been demonstrated for use in small diameter sewer
rehabilitation. The 1990/91 Capital Improvement Budget includes funds for renovating collection
system facilities in demonstration projects using emerging sewer rehabilitation technologies (CSO
Sewer Renovation Program, page CS 99-100).
This project will rehabilitate eight (8) pipe segments totaling 3,126 feet at five (5) different sites
using the Xpandit pipe bursting technology. They are located in Walnut Creek and Lafayette in
narrow residential easements with difficult access and mature landscaping (Attachment 1). The
eight (8) segments were selected because of their deteriorated condition and high ongoing
maintenance requirements. Staff has analyzed these segments with respect to access
restrictions, construction impacts, and cost and has determined that the use of a trenchless
construction technology is the most appropriate method for rehabilitation of these sewers.
The Xpandit process is a trenchless technology which is well suited for application at these five
(5) sites. Miller Pipeline Corp. has extensive experience with sewer rehabilitation work and can
mobilize promptly.
Miller Pipeline Corp. is the exclusive licensee for the Xpandit process in the United States. The
method and apparatus are covered by United States Patent Nos. 4487052, 4602495, and
4657436. The Board may, therefore, elect to exempt this project from public bidding since it
is only available from one source. Due to the innovative nature of this technology, staff feels
that this project could also be exempt from bidding on the basis of being a demonstration project
since 1) this project will be the first sewer rehabilitation project using this technology in
California and 2) one of the objectives of this project is to demonstrate the applicability of using
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT./DIV.
~
VIv
1302A-9/B5
TG JAL
SUBJECT
AUTHORIZE THE GENERAL MANAGER/CHIEF ENGINEER TO
EXECUTE AN AGREEMENT WITH MILLER PIPELINE INC. TO
REPLACE 3, 126-FEET OF SMALL DIAMETER SEWER PIPE USING
THE XPANDIT PROCESS WITH A COST CEILING OF $299,237
POSITION PAPER
2 4
PAGE
DATE
OF
June 7, 1991
this technology on future sewer rehabilitation projects. Exemption from bidding for
demonstration purposes is allowed under Public Contracts Code Section 3400. A unit price
contract with a cost ceiling of $299,237 has been negotiated with Miller Pipeline Corp.
The scope of the contract includes pipe materials, pipe assembly, side sewer lateral
reinstatement, and bypass pumping during construction.
The total cost for this project will be $378,222. In addition to Miller Pipeline Corp. work, District
forces would provide sewer locating; CCTV inspection; public information; project management;
inspection and other support activities as needed. Attachment 2 provides a detailed budget
breakdown of the project cost.
This project has been evaluated by staff and it has been determined to be exempt from the
California Environmental Quality Act (CECA) under District CEQA Guidelines Section 18.3, since
it involves replacement of existing sewer facilities with no expansion of capacity. A Notice of
Exemption will be filed with the County Clerk.
RECOMMENDATION: 1) Exempt this project from public bidding requirements. 2) Adopt a
resolution making a finding that the Xpandit technology is designated by trade name in the
project in order that a field test may be made to determine if the Xpandit technology is suitable
for future District use. (Public Contracts Code Section 3400(b).) 3) Authorize the General
Manager-Chief Engineer to execute an agreement with Miller Pipeline Corp. for the replacement
of 3,126 feet of sewer at a cost not to exceed $299,237.
1302B-9/85
o Via Del Sol, W.C.
@ Pinewood Ct., W.C.
@) Overlook Dr., W.C.
o Galen Dr., W.C.
o Solana Ave., LAF.
Central Contra Costa
Sanitary District
XPANDIT DEMONSTRATION
PROJECT SITES
Q
Attachment
1
ATTACHMENT 2
XPANDIT DEMONSTRATION PROJECT
PROJECT SUMMARY
Miller Pipeline Corp.
District Force Account
CSOD Forces (1)
$ 299,237
$ 8,000
TOTAL PROJECT COST
$ 22,000
$ 4.000
$ 333,237
$ 44.985
$ 378.222
District Construction Inspection
Equipment Rental and Material Cost (2)
Subtotal
Construction Contingency
(1) Force account to provide for sewer locating, mandrel pulling, and CCTV Inspection.
(2) Equipment Rental and Material Cost is for inspection services and equipment for testing
the new pipe.
Cost of Xpandit Per Linear Foot
$ 95.73
Total Cost of Project Per Linear Foot
$120.99
~ C""ltral Contra Costa Sanl....ry District
, BOARD OF DIRECTORS
::IIII!IIIIIIIIIIIIIIIIII ~RDMEET~OF
SUBJECT
PAGE
1 OF 4
June 13,1991
NO.
9. PERSONNEL a.
DATE
June 10, 1991
ESTABLISH COMPENSATION LEVEL FOR THE SECRETARY
OF THE DISTRICT
TYPE OF ACTIQ\I
EMPLOYEE
COMPENSATION
SUBMITTED BY
ROGER J. DOLAN
INITIATWG DEPTJOIV.
ISSUE: In recent years the position of the Secretary of the District has assumed responsibility
for a number of new and expanded activities and program areas. Recognizing this fact, Board
President Clausen requested that the General Manager-Chief Engineer analyze the responsibilities
of the position and recommend appropriate action to the Board concerning the compensation of
this position.
BACKGROUND: With the retirement of the former Secretary in 1983, the position was
downgraded and expectations were lowered. However, the new Secretary, Joyce Murphy, has
made significant changes and improvements in the functions of the office. Systems and
procedures have been designed and implemented and are reviewed and updated on a regular
basis to expedite smooth operation and ensure compliance with statutory requirements relating
to the many diverse areas under the authority of the Secretary. These areas range from bidding
and public noticing requirements to election and Conflict of Interest reporting requirements for
Board and staff members. As a result of the procedures put into place by the Secretary,
deadlines are met; information is readily available to the public, Board and staff; and the Board
and the District are protected from legal exposure and public criticism.
A high level of service is provided to the Board, and the service to the District as a whole has
increased considerably.
o The District Records Manaaement Proaram provides a necessary and long overdue
service. One of the first major programs undertaken by the current Secretary was
the development of a computer based records management system for the Board's
records. After this task was successfully completed, at the request of the General
Manager-Chief Engineer, the Secretary undertook the project of developing a
records management system for the entire District. This substantial effort has
entailed development of a management policy, computer based software and
hardware selection and purchase; cataloging of years of back records; indexing and
retrieval of inactive records, and implementation of a management system for
active files. The system is comprehensive reaching to every District employee who
creates or uses files. Beginning with fiscal year 1 991-1992, the program will be
staffed by 80 percent of a full-time position. The remaining percentage of this new
position will be committed to maintaining, under the direction of the Secretary, the
District's various technical libraries. As these new programs have been developing,
REVIEWED AND RECOMMENDED FOR BOARDACTION
INITIATING DEPT.JOIV.
1302A.&91
SUBJECT
:::111:"11'111::::1111.111:.
ESTABLISH COMPENSATION LEVEL FOR THE SECRETARY
OF THE DISTRICT
PAGE 2
DATE
OF 4
June 10, 1991
the District has employed temporary labor which will not be needed in the future.
The District is benefiting from having well-managed, relevant and easily accessible
information to support the decision-making process. The program has improved
organizational efficiency by using staff time and office space in a cost-effective
manner. The program also documents compliance with legislative and statutory
requirements and provides litigation support when needed.
o With the growing emphasis on recycling and the solid waste disposal crisis and the
need for a publicly-owned transfer station and materials recovery facility, the
Central Contra Costa Solid Waste Authoritv was formed and required staff support
of the business affairs of the new Board. The Secretary of the District became the
Secretary of the Authority as well. By participating in the Solid Waste Authority,
the District hopes to provide an alternative to the escalating solid waste costs.
o In October 1989, the Sanitation and Water Aaencies of Contra Costa County
joined together in an informal organization to share information and expertise, and
to help shape future regulatory requirements at the local level. The Secretary of the
District took on the responsibility of managing meeting arrangements, public
notices, speakers, publication of a membership directory, and the like. Interest and
participation in the organization is increasing and meetings are now held bimonthly
rather than quarterly. By assuming these extra responsibilities, the Secretary has
built cooperative working relationships with elected officials and staff members in
the sanitation and water agencies throughout the County. These relationships will
be of continuing benefit to the Board, the District, and the public as issues arise
in the future.
o In addition to Board activities and work on special assignments, the Secretary of
the District is an active member of the management team participating in meetings
with top management and involved in the day-to-day operation of the District,
providing training, supervision and direction to subordinate staff.
Through acceptance of expanded responsibility and maintenance of a high level of
professionalism and performance, the Secretary of the District has made a unique and continuing
contribution to the District. At the request of President Clausen, a salary survey was conducted
in August 1990, comparing salary ranges and class descriptions for the position of Secretary of
the District with other comparable agencies. A copy of the salary survey is attached. Although
the position of Secretary of the District is exempt, appropriate placement of the salary range
within the District's organizational structure was considered as well. While this position entails
a good deal of coordinative efforts with and between other departments and outside entities, it
is in large part an administrative function requiring independent action and demanding exercise
of responsibility involving institutionally sensitive and complex issues. I am, therefore,
recommending that the salary range for the position of Secretary of the District be adjusted
13028-5191
SUBJECT
iflllllllllli!!!!!lllllil:1
ESTABLISH COMPENSATION LEVEL FOR THE SECRETARY
OF THE DISTRICT
PAGE 3
DATE
OF 4
June 10, 1991
upward for two reasons: 1) the responsibilities and duties of the position have changed and
expanded significantly during recent years; and 2) the incumbent is performing at a high level
bringing a unique and valuable combination of knowledge, organizational skills and
professionalism to the position.
RECOMMENDATION: It is recommended that the salary range for the position of Secretary of
the District be adjusted upward from Range M-43 ($3,834 -$4,656) to M-36 ($4,554 - $5,535)
and that the position be accorded the same salary adjustments and benefits as the Management
Group except that the Cafeteria Plan allocation shall be increased by an additional $25 per month
on July 1, 1991 and 1992 as previously agreed in the July 1, 1988 employment contract
between the District and the Secretary of the District and that a new employment contract be
negotiated to that effect for the period July 1, 1991 through June 30, 1994.
13028-5191
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION PAPER BOARD MEETING ~une 13, 1991
NO.
12. BUDGET AND FINANCE a.
SUBJECT
DATE
June 5,1991
ADOPT A RESOLUTION ESTABLISHING THE 1 990-1991
APPROPRIATIONS LIMIT IN ACCORDANCE WITH ARTICLE
XIII B OF THE CALIFORNIA CONSTITUTION
TYPE OF ACTION
ADOPT
APPROPRIATIONS
LIMIT
SUBMITTED BY
Walter N. Funasaki, Finance Officer
INITIATING DEPT/DIV
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 May 13, 1991, 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 June 13, 1991 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 is lower. As recently amended by Proposition 111, the
Consumer Price Index is 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. The 1990-1991 appropriations limit shall be the 1986-1987
appropriations limit adjusted from that year forward by the new growth factors. The change in
the local assessment roll, which is intended to be obtainable from the County Assessor, is not
available for use for the 1990-1991 fiscal year and, therefore, the per capita personal income
factor has been used; the County Assessor is now in the process of modifying the property tax
assessment system to enable providing the nonresidential construction index for 1991-1992.
The Sewer Construction Fund (Capital Fund) appropriations limit is $11,575,765 for the 1990-
1 991 fiscal year. The computation of the 1990-1991 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 was provided at the May 13, 1991
Board Meeting.
RECOMMENDATION: Adopt a resolution establishing the Sewer Construction Fund
appropriations limit in the amount of $11,575,765 for the 1990-1991 fiscal year, in accordance
with Article XIII B of the California Constitution; select the California per capita personal income
factor because the alternative factor of the change in the local assessment roll due to local
nonresidential construction is not obtainable from the County Assessor.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT./DIV.
1302A-9/85 WNF PM
ADS/PosPaper#3/Appropri.PP