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HomeMy WebLinkAboutAGENDA BACKUP 11-06-91
PAGE 1 OF 2
NO.
4. CONSENT CALENDAR f.
DATE
October 28, 1991
TYPE OF ACTION
APPROVE QUITCLAIM
OF SEWER EASEMENT
SUBMITTED BY
Dennis Hall, Associate Engineer
INITIATING DEPTJDIV.
Engineering Dept.lConstruction Division
ISSUE: Ken W. Sargent, et ux, owners of property at No. 15 Sessions Road, Lafayette, have
requested the District to quitclaim a sewer easement which lies within their property.
BACKGROUND: The subject easement was granted at no cost to this District in 1981. In 1990
the sewer was realigned to permit the construction of the Sargent's residence. A replacement
easement was recorded for this realignment on November 5, 1990. The property owner has paid
our quitclaim processing fee. The subject easement is no longer needed and may now be
quitclaimed.
This project has been evaluated by staff and determined to be exempt from the California
Environmental Quality Act (CEQA) under District CEQA Guidelines Section 18.6, since it involves
a minor alteration in land use limitations.
RECOMMENDATION: Approve Quitclaim Deed to Ken W. Sargent, et ux, Job 3184, authorize
the President of the District Board of Directors and the Secretary of the District to execute said
Quitclaim Deed, and authorize the Quitclaim Deed to be recorded.
1302A-7/91
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REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT.lDIV.
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Wr- REPLACEMENT EASEMENT
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QUITCLAIM EASEMENT
JOB 3184
LAFAYETTE AREA
PAGE 1 OF 2
NO.
4. CONSENT CALENDAR g.
DATE
ESTABLISH DECEMBER 5, 1991, AS THE DATE FOR
A PUBLIC HEARING TO CONSIDER ESTABLISHING
EQUALIZATION CHARGES FOR LOCAL IMPROVEMENT
DISTRICT NO. 54 - SCHEDULE NOS. 1 THROUGH 4
tober 31 1 991
TYPE OF ACTION
SET PUBLIC
HEARING
SLlBMITu;D ex
Jay ::So MCCoy
Construction Division Manager
INITIATltalG QJ;PTJDlV.
~nglneerlng Department
Construction Division
ISSUE: The Board of Directors must conduct a public hearing to establish equalization charges.
BACKGROUND: Local Improvement District (LID) No. 54 included four separate areas identified
as Schedule Nos. 1, 2, 3, and 4. A breakdown of these schedules follows:
Schedule No. No. of Oriainal No. of Total Location
Seoarate Parcels Oriainal Assessments
1 44 83 Pleasant Hill
2 60 61 Danville
3 18 33 Orinda
4 28 28 Martinez
Most of the original properties were assigned one unit of assessment. Some of the original
properties were assigned more than one unit of assessment because the zoning at that time
permitted more than one building site on these properties.
Presently some properties which were assigned only one assessment are being subdivided. In
these cases District staff recommends that an equalization c,harge be collected from the owner
of these new lots. Equalization charges are intended to equalize the investment in, and fairly
and equitably distribute the cost of capital improvements among all properties which benefit
from the improvements. After equalization charges are collected, the money will be credited
against the outstanding balance of assessments on each property. This crediting will be
accomplished by reducing the next yearly assessment which appears on the tax bill for each
of the then current owners of the properties included in LID 54.
Section 6.16.020 of the District Code provides for the Board establishing equalization charges
after conducting a properly noticed public hearing. One of the 44 original properties in
Schedule No. 1 is now being subdivided and the new lot which is being created through the
subdivision process was not assessed in the LID. Hence, the collection of an equalization
RE WE WED AND RECOMMENDED FOR BOARD ACDON
INIT~T1N7~~
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SUBJECT
1_1111111111 iilll III II
ESTABLISH DECEMBER 5, 1991, AS THE DATE FOR
A PUBLIC HEARING TO CONSIDER ESTABLISHING
EQUALIZATION CHARGES FOR LOCAL IMPROVEMENT
DISTRICT NO. 54 - SCHEDULE NOS. 1 THROUGH 4
PAGE 2 OF 2.
DATE
October 31, 1991
charge is appropriate and a public hearing is required. Equalization charges will be proposed
for this new lot and subsequent new lots which were not originally assessed in LID 54. Since
equalization charges for all future lots will be considered at the proposed public hearing, no
additional public hearings will be required.
RECOMMENDATION: Establish December 5, 1991, as the date for a public hearing to consider
establishing equalization charges for LID 54, Schedule Nos. 1 through 4.
13028-7/91
PAGE 1 OF 2
November 6, 1991
NO.
4. CONSENT CALENDAR h.
ADVISE THE BOARD OF THE CLOSE OUT OF THE
DIABLO ROAD SEWER IMPROVEMENT PROJECT,
DANVILLE (DP 4455)
DATE
October 28 1 991
TYPE OF ACTION
INFORMATIONAL
SUBMITTED BY
INITIATING DEPTJOIV.
Ron Klimczak, Senior Engineer
ngineering Department/Construction Division
ISSUE: All work has been completed on the Diablo Road Sewer Improvement Project (DP 4455)
and this project can now be closed out.
BACKGROUND: In response to being notified of the Town of Danville's plans to widen and
resurface Diablo Road, District staff reviewed the capacity of existing sewers inDiablo Road and
determined that additional capacity was needed to meet projected wet weather flow demands.
In addition, a television inspection of one of the existing sewers in Diablo Road determined it to
be structurally deficient, and the decision was made to abandon it.
The subject sewer project included construction of 775 L.F. of 18-inch sewer, 227 L.F. of 15-
inch sewer, 80 L.F. of 8-inch sewer, 14 trunk manholes, and various other appurtenances.
Approximately 3,100 L.F. of existing 15-inch, 12-inch, and 8-inch sewer was abandoned. The
project location is shown on Figure 1 (attached) and is described in more detail on pages CS-24
and CS-25 of the Fiscal Year 1991-92 Capital Improvement Budget.
The Board of Directors awarded a construction contract to Mountain Cascade, Inc., of San
Ramon on April 18, 1991. The contractor was issued a Notice to Proceed on May 22, 1991.
The specified contract completion date was August 21, 1991 ; however, all work was completed
approximately one month early on July 19, 1991. The project was accepted by the Board on
August 15, 1991.
Mountain Cascade's original construction contract was for $177,077. There were three change
orders issued on the project totaling $9,924.91. The total contract amount paid to Mountain
Cascade was $187,001.91.
The total authorized budget for the project was $348,300. The total completed project cost is
$329,800. Staff is closing out the project account which will result in $18,500 being returned
to the Collection System Program.
RECOMMENDATION: This item is presented to the Board of Directors for information. No action
is necessary.
RE WE WED AND RECOMMENDED FOR BOARD A CDON
RAB
INITIAT~IV.
1302A-7/91
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Orlnda
I . - Project Location I
Central Contra Costa
Sanitary District
Diablo Road Sewer Improvements Project
Danvi II e
DP4455
Figure
1
PAGE 1 OF 3
Navember 6, 1991
NO.
4. CONSENT CALENDAR i.
SUBJECT
DATE
ADVISE THE BOARD OF THE CLOSE OUT OF THE
PORT CHICAGO PUMP STATION ABANDONMENT AND
SEWER IMPROVEMENTS PROJECT (DP 4326)
r 2 1991
TYPE OF ACTION
INFORMATIONAL
SUBMITTED BY
INITIATING DEPTJDIV.
Ron Klimczak, Seniar Engineer
EngineeringDepartment/Canstructian Divisian
ISSUE: All wark has been campleted and the .outstanding claim resalved an the Part Chicaga
Pump Statian Abandanment and Sewer Impravements Praject (DP 4326) and this praject can
naw be clased aut.
BACKGROUND: This project was the second phase of the pump station's upgrade plan for the
Narth Cancard/Clyde area which has as its ultimate gaal the abandanment .of twa .of the faur
existing pump statians tagether with impravements ta the remaining pump stations.
The project wark cansisted .of the installatian .of appraximately 1,900 lineal feet .of 18- and 15-
inch trunk sewer fram the Part Chicaga Highway ta the District's Cancard Industrial Pump
Statian. Once the new trunk sewer was activated, the remaining wark invalving the
abandanment .of the Part Chicago Pump Statian was accamplished (See Attachment 1). This
praject is described in mare detail in the FY 1991-92 Capitallmpravement Budget an page CS-
35.
The cantractor, V&M Backhae/Construction of Antiach, was issued a Natice ta Praceed on
August 1, 1988, with a required cantract campletian date .of Octaber 15, 1988, (subsequently
extended to November 21, 1988, by negatiated cantract change .orders which were agreed ta
by the cantractar). Since the cantractar did nat camplete the praject wark until September 1,
1989, liquidated damages in the amount .of $38,000 were assessed. The Baard .of Directars
accepted the project on September 7, 1989.
On Navember 13, 1989, appraximately three manths after praject acceptance, the cantractar
submitted a claim far additianal campensatian in the amaunt .of $233,593 far extra casts plus
$41,951 which was the amaunt being retained far liquidated damages and ather miscellaneaus
charges assessed against the cantractar (tatal claim = $275,544). The cantractor's claim was
based an the allegatian that all casts he incurred an the project abave the .original cantract price
were attributed ta unfareseen graund water canditians that required, in his apinian, trench
dewatering .outside .of the .original scape .of wark. The District's staff pasitian was that the
praject's geatechnical repart, the general geagraphical lacatian .of the praject, as well as the
extensive natatians in the praject dacuments referring ta wark belaw the graund water table
served as ample warning .of the dewatering canditians ta expect. Over the fall.owing peri.od .of
alm.ost twa years, the dispute was settled in accordance with a Release and Settlement
RE WE WED AND RECOMMENDED FOR BOARD A CDON
1302A-7/91
RSK
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RAB
INITIATING DEPT.lDIV.
1&1:
'1
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SUBJECT
...................................................................................
11:1111111111111111111111
ADVISE THE BOARD OF THE CLOSE OUT OF THE
PORT CHICAGO PUMP STATION ABANDONMENT AND
SEWER IMPROVEMENTS PROJECT (DP 4326)
PAGE
DATE
2
OF
3
October 28, 1991
Agreement recently executed by all parties. The financial terms of the Agreement essentially
provided for the District releasing $20,000 of the $38,000 in retained liquidated damages in
exchange for the contractor dropping the claim for extra costs together with any future litigation.
Final contract payment has now been made to the contractor.
V&M Backhoe/Construction's original construction contract was for $228,241.75. There were
five change orders issued on the project totaling $34,773.71 as well as additional work paid for
at contract unit prices in the amount of $1,023.25. The final value of contract work was
$264,038.71 from which the District retained $18,110.13 to cover assessed liquidated damages
and a miscellaneous unpaid District billing. An additional $44,240.72 was deducted at court
direction from monies due the contractor to pay various vendors and PG&E to satisfy their claims
against the contractor.
The original total budget for the project at the time of the Board's contract award was
$354,800. Two supplemental GM-CE contingency fund authorizations totaling $40,000 have
been processed subsequent to the completion of work to cover the additional expenses related
to contract change orders, the additional staff time required to cover the extended period of
work as well as unbudgeted District legal and staff expenses incurred to defend against the
contractor claim. The current total authorized budget is $394,800 and the total completed
project cost is $392,000. Now that the contractor claim issue has been resolved, staff is
proceeding to close out the project account which will result in $2,800 being returned to the
Collection System Program.
RECOMMENDATION: This item is presented to the Board of Directors for information only. No
action is necessary.
13028-7/91
ce
NTS
Port Chicago Pump Station
(abandoned on this project)
6
7
8
Concord
Industrial
Pump Station
Bates Ave.
Pump Station
Central Contra Costa
Sanitary District
~
TRUNK SEWER DESIGN
(DP 4326)
Attachment
1
~ Central Contra Costa Sanitary District
~ BOARD OF DIRECTORS
.1!.~.'I:::M'lt::.~'i::::::'I:::::.::::j'.~:~I!:t;:" BOARD MEETING OF
:E:.:e:::::::!:::L::.~'"",:::::::{:"m,II,":g
PAGE 1 OF
1
November 6, 1991
NO.
4.
CONSENT CALENDAR j.
SUBJECT
DATE
r
1
CONSIDER A REQUEST FOR EMERGENCY WITHDRAWAL
OF FUNDS FROM THE DEFERRED COMPENSATION PLAN
TYPE OF ACTION
CONSIDER
EMERGENCY
WITHDRAWAL
SUBMITTED BY
INITIATING DEPTlOIV.
Walter Funasaki, Finance Officer
Administrative/Finance & Accounting
ISSUE: Authorization by the Board of Directors is required for emergency withdrawal of funds
from the Deferred Compensation Plan.
BACKGROUND: Doyle M. Hill, Instrument Technician, has requested a $6,292 emergency
withdrawal from the Deferred Compensation Plan based on extreme financial hardship caused
by his spouse's medical disability. The Deferred Compensation Plan Advisory Committee has
reviewed the request and determined that it meets the requirements for emergency withdrawal.
RECOMMENDATION: Approve the request of Doyle M. Hill for an emergency withdrawal of
$6,292 from the Deferred Compensation Plan, as recommended by the Deferred Compensation
Plan Advisory Committee.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT.lDIV.
1302A-7/91
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PAGE 1 OF 2
CONDUCT PUBLIC HEARING TO RECEIVE PUBLIC COMMENT
ON PLACING DELINQUENT SEWER SERVICE CHARGES ON
THE COUNTY TAX ROLL FOR COLLECTION
NO.
5. HEARINGS a.
DATE
October 31 1991
TYPE OF ACTION
CONDUCT
PUBLIC
HEARING
SUBMlllED BY .
::steven Elsberry, Semor Accountant/
Internal Auditor
INITIATING DEPTJDIV.
Administrative/Finance & Accounting
ISSUE: The District Code and State law require holding a Public Hearing on placing delinquent
Sewer Service Charges on the County tax roll for collection.
BACKGROUND: Information on the discovery by the District of 49 illegal connections in 1990
was presented at the October 17, 1991 Board Meeting, and a Public Hearing was set for
November 6, 1991 to receive public comment on placing delinquent Sewer Service Charges
on the County tax roll for collection. The connection fees have been paid in full by the
developers and all prior years' Sewer Service Charges have been collected from 43
homeowners.
The four homeowners listed on the attached report are delinquent in payment of the prior
years' Sewer Service Charges in the amount shown, and are the subject of the November 6,
1991 Public Hearing. Notice of the public hearing was provided to these homeowners by
certified letter.
The remaining two residences were sold prior to the discovery of the illegal connections. The
current homeowners have paid the prior years' Sewer Service Charges for the years under their
ownership. The former owners listed on the attached report were contacted by certified
letters and follow-up telephone calls but have refused to pay their portion of the prior years'
Sewer Service Charges. Since it is inappropriate to place these charges on the current
property tax roll, and although the former owners still reside in California, staff believes that
the expense to the District to pursue collection will exceed the $ 712 of delinquent charges;
therefore, it is recommended that the $712 be considered uncollectible.
RECOMMENDATION: Conduct a Public Hearing to receive and consider protests and, if
appropriate, adopt a report pursuant to Section 5473, Health and Safety Code, for transmittal
to the County to collect delinquent Sewer Service Charges on the 1991-1992 County property
tax roll.
INITIATING DEPTJDIV.
~
BOARD ACTION
1302A-7/91
GEN. MGR.lCZ. I-AIEF ENG.
JfltB! {)L
ROGER J. DOLAN
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PAGE 1 01=5
AMEND SECTION 8, APPLICATIONS BY CONTRACTOR FOR
RATE INCREASE, OF THE AGREEMENT FOR COLLECTION,
REMOVAL, AND DISPOSAL OF GARBAGE BETWEEN THE
DISTRICT AND THREE FRANCHISED REFUSE COLLECTORS
TO CHANGE THE RATE YEAR FROM A FISCAL YEAR TO A
NO.
6. SOLID WASTE a.
DATE
October 31 1991
TYPE OF ACTION
AMEND FRANCHISE
AGREEMENT
INITIATING DEPTJDIV.
Walter Funasaki, Finance Officer
Administrative/Finance & Accounting
ISSUE: Amendment to the agreements between the District and Valley Waste Management,
Orinda-Moraga Disposal Service, Inc. and Pleasant Hill Bay Shore Disposal is required to effect
a change to the annual period for requests for rate increase.
BACKGROUND: The Board of Directors has expressed interest in changing the refuse
collection rate-setting period from a fiscal year beginning July 1 to a calendar year basis. Such
change would coincide the rate year with the refuse collectors' accounting year, and mitigate
the heavy workload of District staff related to the District's own fiscal year accounting cycle.
During the recently completed rate-setting process, the Board determined that a mid-period
rate application would be considered, if a major increase in disposal expense occurred. As an
application for a transfer station fee increase by Acme Fill Corporation is currently under review
by the County, it is likely that an increase will occur in the near future. Therefore, it is
considered to be appropriate to incorporate the change in the rate-setting period with the
anticipated mid-period rate application based on a disposal expense increase. In order that the
rate adjustment can be implemented as of January 1, 1992, rate applications have been
requested to be submitted. by November 1, 1991. The schedule for processing the rate
applications to establish collection rates for the 1 992 calendar year is provided on Attachment
IV.
Section 8 of the franchise agreement with each of the three refuse collection firms indicate
that rate applications are due by March 31 and are on a fiscal year basis. Revisions to this
Section to conform to a calendar year rate period are included in the amendment to the
agreement being presented for Board authorization. All three refuse collectors have concurred
in the change to the rate year and have executed the amendment, which is provided as
Attachments I, II, and III.
Audited financial statements, which are on a calendar year basis, are required to be submitted
with the rate applications of Valley Waste Management and Orinda-Moraga Disposal Service,
Inc.; unaudited, compiled financial statements are required with the rate application of Pleasant
Hill Bayshore Disposal. A consequential effect of the change from a July 1 fiscal year rate-
setting implementation date to a January 1 calendar year basis is the lengthening of the
interval between the calendar year for which audited financial statements are provided and the
beginning of the rate year from six months to twelve months. As the status of the Balancing
Account will be determined based on the immediately preceding twelve month period for which
audited financial statements will be provided with the next year's rate application, a preliminary
determination will be made in a given year, and adjusted based on the audited results in the
next year.
RECOMMENDATION: Authorize execution of the Amendment to Section 8 of the Agreement
for Collection, Removal and Disposal of Garbage with Valley Waste Management, Orinda-
Moraga Disposal Service, Inc. and Pleasant Hill Bay Shore Disposal to change the rate period
from a fiscal year to a calendar year basis.
REVIEWED AN RECOMMENDED FOR BOARD ACTION
INITIATING DEPT.lDIV.
GEN. MGR.lCHIEF ENG.
f'
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1302A-7/91
-.-----r--"'.---~'~-._"'.....-.,...,,--"---+-~--.-~---
Attachment I
AMENDMENT TO AGREEMENT
FOR COLLECTION,
REMOVAL AND DISPOSAL OF GARBAGE
ZONES 2, 4 AND 5
The following is an Amendment to Agreement for Collection, Removal and Disposal of Garbage - Zones
2, 4 and 5 entered into by and between the Central Contra Costa Sanitary District (hereinafter
"District") and Valley Disposal Service, Inc., which entity is predecessor in interest and assignor of
current party to Agreement, SAWDCO (hereinafter "Contractor"). The following Amendment is
mutually agreed to between District and Contractor and provides for a revision of Section 8 of the
Agreement in order to effect the change of the annual period for request for rate increase. This
amendment shall take effect as of the calendar year beginning January 1, 1992 and shall remain in
effect thereafter until termination of the Agreement or execution of further written amendment. Section
8 of said Agreement shall be amended to read as follows:
8. APPLICATIONS BY CONTRACTOR FOR RATE INCREASE:
Any and all requests for rate increases, excepting those provided for under paragraphs
12, 24, 25 and 27 of this Agreement, may be made no more frequently than on an
annual basis. Any such request for rate increase by the Contractor, excepting those
provided for in paragraphs 12, 24, 25 and 27 of this Agreement, shall be submitted
together with the audited financial statement required under paragraph 7 of this
Agreement by September 15 of the preceding year. Approval of the rate increase, or
other action by the Board on the application, shall occur only after the District has had
sufficient time to review the application and financial statement, and in no event will a
rate increase take effect before January 1 of the next year.
Rate increase applications submitted by Contractor will be prepared using such formats,
including such operating statistics as the District may prescribe from time to time. Any
rate increase application will be accompanied by audited financial statements for the
most recent reporting year preceding the requested effective date of rate increase.
In the event the Contractor is required to make changes in its operation pursuant to the
conditions set forth in paragraphs 12, 24, 25 and 27 of this Agreement, the Contractor
may petition the Board using the format mentioned herein, at any time during the
calendar year. The District staff shall calendar the petition for rate increase within
seventy-five (75) days of receipt of any extraordinary petition presented pursuant to
paragraphs 12, 24, 25 and 27 of this Agreement.
It is specifically understood that all other terms and conditions set forth in the aforementioned
Agreement shall remain in full force as specifically set forth therein. It is further understood and agreed
that, with regard to the transition year of 1 991, the District shall permit Contractor to make an
additional request for a rate adjustment to be submitted together with appropriate financial
documentation to the District by November 1, 1991, and that District shall consider a rate adjustment
to be effective January 1, 1992 pursuant to said submission.
CENTRAL CONTRA COSTA SANITARY DISTRICT
By:
Dated:
, 1991
President of the Board of Directors
SA WDCO
By:
Dated:
{0c,/, 91 ;:f-, 1991
ADS/PosPaper#21 AmendFr. PP
AMENDMENT TO AGREEMENT
FOR COLLECTION,
REMOVAL AND DISPOSAL OF GARBAGE
ZONES 1 AND 1A
Attachment II
The following is an Amendment to Agreement for Collection, Removal and Disposal of Garbage - Zones
1 and 1 A entered into by and between the Central Contra Costa Sanitary District (hereinafter "District")
and Orinda-Moraga Disposal Service, Inc., (hereinafter "Contractor"). The following Amendment is
mutually agreed to between District and Contractor and provides for a revision of Section 8 of the
Agreement in order to effect the change of the annual period for request for rate increase. This
amendment shall take effect as of the calendar year beginning January 1, 1992 and shall remain in
effect thereafter until termination of the Agreement or execution of further written amendment. Section
8 of said Agreement shall be amended to read as follows:
8. APPLICATIONS BY CONTRACTOR FOR RATE INCREASE:
Any and all requests for rate increases, excepting those provided for under paragraphs
12, 24, 25 and 27 of this Agreement, may be made no more frequently than on an
annual basis. Any such request for rate increase by the Contractor, excepting those
provided for in paragraphs 12, 24, 25 and 27 of this Agreement, shall be submitted
together with the audited financial statement required under paragraph 7 of this
Agreement by September 15 of the preceding year. Approval of the rate increase, or
other action by the Board on the application, shall occur only after the District has had
sufficient time to review the application and financial statement, and in no event will a
rate increase take effect before January 1 of the next year.
Rate increase applications submitted by Contractor will be prepared using such formats,
including such operating statistics as the District may prescribe from time to time. Any
rate increase application will be accompanied by audited financial statements for the
most recent reporting year preceding the requested effective date of rate increase.
In the event the Contractor is required to make changes in its operation pursuant to the
conditions set forth in paragraphs 12, 24, 25 and 27 of this Agreement, the Contractor
may petition the Board using the format mentioned herein, at any time during the
calendar year. The District staff shall calendar the petition for rate increase within
seventy-five (75) days of receipt of any extraordinary petition presented pursuant to
paragraphs 12, 24, 25 and 27 of this Agreement.
It is specifically understood that all other terms and conditions set forth in the aforementioned
Agreement shall remain in full force as specifically set forth therein. It is further understood and agreed
that, with regard to the transition year of 1991, the District shall permit Contractor to make an
additional request for a rate adjustmen.!~-!9 .be submitted together with appropriate financial
documentation to the District by Novemberl1, 1991, and that District shall consider a rate adjustment
to be effective January 1, 1992 pursuant to said submission.
CENTRAL CONTRA COSTA SANITARY DISTRICT
By:.
Dated:
, 1991
President of the Board of Directors
ORINDA-MORAGA DISPOSAL,.5ERVIC
l.Jafed:
lO/61
/
, 1991
Attachment III
AMENDMENT TO AGREEMENT
FOR COLLECTION,
REMOVAL AND DISPOSAL OF GARBAGE
ZONE 3
The following is an Amendment to Agreement for Collection, Removal and Disposal of Garbage - Zone
3 entered into by and between the Central Contra Costa Sanitary District (hereinafter "District") and
Pleasant Hill Bayshore Disposal, (hereinafter "Contractor"). The following Amendment is mutually
agreed to between District and Contractor and provides for a revision of Section 8 of the Agreement
in order to effect the change of the annual period for request for rate increase. This amendment shall
take effect as of the calendar year beginning January 1, 1992 and shall remain in effect thereafter until
termination of the Agreement or execution of further written amendment. Section 8 of said Agreement
shall be amended to read as follows:
8. APPUCA TIONS BY CONTRACTOR FOR RATE INCREASE:
Any and all requests for rate increases, excepting those provided for under paragraphs
12, 24, 25 and 27 of this Agreement, may be made no more frequently than on an
annual basis. Any such request for rate increase by the Contractor, excepting those
provided for in paragraphs 12, 24, 25 and 27 of this Agreement, shall be submitted
together with the audited financial statement required under paragraph 7 of this
Agreement by September 15 of the preceding year. Approval of the rate increase, or
other action by the Board on the application, shall occur only after the District has had
sufficient time to review the application and financial statement, and in no event will a
rate increase take effect before January 1 of the next year.
Rate increase applications submitted by Contractor will be prepared using such formats,
including such operating statistics as the District may prescribe from time to time. Any
rate increase application will be accompanied by the compiled operating statement for
the most recent reporting year preceding the requested effective date of rate increase.
In the event the Contractor is required to make changes in its operation pursuant to the
conditions set forth in paragraphs 12, 24, 25 and 27 of this Agreement, the Contractor
may petition the Board using the format mentioned herein, at any time during the
calendar year. The District staff shall calendar the petition for rate increase within
seventy-five (75) days of receipt of any extraordinary petition presented pursuant to
paragraphs 1 2, 24, 25 and 27 of this Agreement.
It is specifically understood that all other terms and conditions set forth in the aforementioned
Agreement shall remain in full force as specifically set forth therein. It is further understood and agreed
that, with regard to the transition year of 1991, the District shall permit Contractor to make an
additional request for a rate adjustment to be submitted together with appropriate financial
documentation to the District by November 20, 1991, and that District shall consider a rate adjustment
to be effective January 1, 1992 pursuant to said submission.
CENTRAL CONTRA COSTA SANITARY DISTRICT
By:
Dated:
, 1991
President of the Board of Directors
PLEASANT HILL BA YSHORE DISPOSAL
BY:V~ /;4/ ~ ~
Boyd M. Olney, Jr.
Dated: In ~ ~ /
, 1991
ADS/PosPaper #2/ AmendFr. PP
Attachment IV
CENTRAL CONTRA COSTA SANITARY DISTRICT
1992 Calendar Year Refuse Collection Rate-Setting Schedule
Receive refuse collection rate applications from
refuse collection firms, and submit to Board of
Directors and affected city councils
November 1, 1991
Adoption at the November 6, 1991 Board Meeting
of revision to franchise agreements to provide for
calendar year rate-setting
November 6, 1991
Complete staff analyses of rate applications
December 2, 1991
Submit staff analyses to Board of Directors and
affected city councils
December 3,1991
Approve public notices at the December 5, 1991
Board Meeting for the Board Workshop and Public
Hearing on the rate applications
December 5,1991
Conduct noticed Board Workshop on rate
applications, and receive written comments from
affected city councils
January 2, 1 992
Conduct noticed Public Hearing on rate
applications, and set collection rates effective
January 1, 1 992
January 16, 1992
ADS/W. Funasaki #1/RateSet.Sch
-------.,-'-'~..--~"""1'""--.----....~"--....---.-.-'"-'--'~..---.,.----.------.."---"-,,..-~,.-...,-,~,.-"-...,-..-,,---~-,-.-._--,.---,~- .--.-'"----.~--~---
PAGE 1 OF 3
NO.
7. ENGINEERING a.
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO
EXECUTE AN AGREEMENT WITH JOHN CAROLLO ENGINEERS
FOR FINAL DESIGN OF PHASE 1 (PREAERA TION TANK AREA)
OF THE PRIMARY CLARIFIER ODOR CONTROL PROJECT,
(DP 20108)
DATE
October 31, 1991
TYPE OF ACTION
SUBJECT
AUTHORIZE AGREEMENT
SUBMITTED BY
INITIATING DEPT./DIV.
Don E. Berger
Assistant En ineer
Engineering Department/
Engineering Division
ISSUE: Authorization by the Board of Directors is required for the General Manager-Chief
Engineer to execute professional services agreements for amounts greater than $50,000.
BACKGROUND: In February 1988, an odor study was completed at the treatment plant to
identify and prioritize sources of odor. The study concluded that the major odor sources are
the following process areas (in descending order beginning with the most significant odor
source) :
· septage disposal
· preaeration tanks
· primary clarifiers
The most significant odor source, septage disposal, was addressed by the construction of an
interim septage handling facility in 1989. This system substantially reduced septage disposal
odors. Anew, long-term septage disposal facility will be constructed as part of the Headworks
Facilities Expansion Project.
The Primary Clarifier Odor Control Project is scheduled to be completed in two phases.
Phase 1 will provide odor control for the preaeration tanks and the channels in the Chemical
Feed Building. These areas will be covered, and the odorous air will be treated in a scrubber
system. Phase 2 is scheduled to occur in approximately 1996-97 and will consist of covering
the primary clarifiers and providing an additional scrubber for odor control. Attachment 1
shows the project location.
John Carollo Engineers (JCE) completed the predesign of the project in November 1990.
Based on JCE's previous performance and knowledge of the project, staff recommends that
JCE provide final design services. An agreement has been negotiated with JCE for final design
services for Phase 1 with a cost ceiling of $95,000. The design services consist of preparation
of plans and specifications and assistance during bidding, including preparation of addenda.
IN~~G D T./DIV.
1302A-7/91 DEB
REVIEWED AND RECOMMENDED FOR BOARD ACTION
DJC DRW
RAB
GEN. MGR./CHIEF ENG.
Jtj(Jrof1-
ROOER J. DOLAN
>> & lJ~tU
;WS
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO
EXECUTE AN AGREEMENT WITH JOHN CAROLLO ENGINEERS
FOR FINAL DESIGN OF PHASE 1 (PREAERA TION TANK AREA)
OF THE PRIMARY CLARIFIER ODOR CONTROL PROJECT
(DP 20108)
..................................................................................-.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
IIIIIIIIIIIIIB
SUBJECT
PAGE
DATE
2
OF
3
October 31, 1991
The Primary Clarifier Odor Control Project is included In the 1991-92 Capital Improvement
Budget (CIB) starting on page TP-71. The total estimated project cost for Phase 1 is
$980,000.
This project has been evaluated by staff and determined to be exempt from the California
Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 18.2, since it
involves a minor alteration to an existing sewer facility with negligible or no expansion of
capacity. The Board of Directors' approval of this project will constitute agreement with this
determination unless otherwise indicated.
RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a Cost
Reimbursement Agreement with a cost ceiling of $95,000 with John Carollo Engineers for final
design of Phase 1 (preaeration tank area) of the Primary Clarifier Odor Control Project,
DP 20108.
1302B-7/91
",,/
,/
Page 3 of 3
ATTACHMENT 1
\3
..------...--
1.
~
,----__--1
MiOFF PLACE
Location of Phase 1 Odor Control Facilities
CHEMICAL
FEED SLOG
PREAERATION
TANKS
PAGE 1 OF 3
NO.
7. ENGINEERING b.
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO
EXECUTE AN AGREEMENT WITH JOHN CAROLLO ENGINEERS
FOR DESIGN OF THE SOUTH BROADWAY EXTENSION SEWER
RELOCATION PROJECT, DISTRICT PROJECT NO. 4826
DATE
November 1, 1991
TYPE OF ACTION
SUBJECT
AUTHORIZE AGREEMENT
SUBMITTED BY
Andrew J. Antkowiak
Assistant Engineer
INITIATING DEPT./DIV.
Engineering Departmentl
Engineering Division
ISSUE: Board of Directors' authorization is required for the General Manager-Chief Engineer
to execute professional services agreements in amounts greater than $50,000.
BACKGROUND: The City of Walnut Creek proposes to build the South Broadway extension
with sound walls in the former Southern Pacific Railroad right of way (SPR/w) between
Newell Avenue and Rudgear Road. To accommodate the proposed road extension with
sound walls, approximately 3,500 feet of existing 1 O-inch sewer will have to be relocated.
The existing 10-inch sewer is over 40 years old and does not meet the District's ultimate
capacity criteria. Replacement and upsizing of the existing deteriorated 1 O-inch sewer will
be beneficial to the District.
The District retained John Carollo Engineers (JCE) to evaluate alternative relocation routes
and prepare a preliminary design for the best apparent route. JCE evaluated several different
relocation alignments and recommended an alignment alongside the county flood control
channel, as shown on the attached map. This recommended alignment will consist of
approximately 2,500 feet of 15-inch trunk sewer adjacent to the flood control channel,
1,000 feet of 12-inch trunk sewer in private easements, and three 8-inch collector sewers
located in new easements. An additional 800 feet of undercapacity sewers not affected by
the road extension will also be replaced in the project.
The preliminary construction cost estimate for this project, not including the right-of-way
cost, is $1,100,000. The City of Walnut Creek has agreed to fund 69 percent of the design
cost and to participate in the total cost of this project. District staff is currently negotiating
a cost-sharing agreement with the City for construction costs. The final agreement will be
presented the Board of Directors for its approval.
JCE is recommended to be the consulting firm for final design of the South Broadway Sewer
Relocation Project. This recommendation is based upon JCE's experience and performance
on the alternative study for the above-referenced sewer relocation and design of small- and
large-diameter sewer systems for the District, including the Martinez Renovation Project, the
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302A-7/91
AJA
GEN. MGR./CHIEF ENG.
INITIATING DEPT.lDIV.
d'
pJig SL-
RAB
R ER J. DOLAN
SUBJECT
.................................................-... ..------ -----...----........
.................................................................-.....-...........
111,mIIIIAm~a
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO
EXECUTE AN AGREEMENT WITH JOHN CAROLLO ENGINEERS
FOR DESIGN OF THE SOUTH BROADWAY EXTENSION SEWER
RELOCATION PROJECT, DISTRICT PROJECT NO. 4826
PAGE
DATE
2
OF
3
November 1, 1991
1-680 sewer relocations, and the Walnut Creek Bypass Sewer Project. A cost reimbursement
agreement has been negotiated with JCE with a cost ceiling of $99,600. Under the
proposed agreement, JCE will prepare final plans, specifications, construction cost estimates
and provide engineering services during project bidding.
The proposed South Broadway Extension Sewer Relocation Project is included in the 1991-
92 Capital Improvement Budget on pages CS-63 through CS-65. The total project cost
estimate listed in the budget is $759,000. The City will reimburse the District for more than
the difference between the total relocation project cost ($1,280,000) and the cost listed in
the budget ($759,000).
This project has been evaluated by staff and has been determined to be exempt from the
California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 18.2,
since it involves a minor alteration to an existing sewer facility with negligible or no
expansion of capacity. Board of Directors' approval of this project will constitute a finding
of agreement with this determination unless otherwise indicated.
RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a cost
reimbursement agreement with a cost ceiling of $99,600 with John Carollo Engineers for the
South Broadway Sewer Relocation Project, District Project No. 4826.
13028.7/91
I
I
Page LoL3__ ___
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RECOMMENDED ALIGNMENT
1
~.~----~-"---'-----r---'-------"---'--'--'_._.._~-.~'."--'.."--.----...-,...",--.,-,.-"..--->...~.,.-.........----.--. -.,....---,,-..----.------.-,-.-.-.--.---
PAGE 1 OF 2
November 6, 1991
NO.
8. PERSONNEL a.
DATE
October 31, 1991
ADOPT ARBITRATOR'S RECOMMENDATION IN THE
APPEAL OF EMPLOYEES' ASSOCIATION. PUBLIC
EMPLOYEES' UNION, LOCAL NO. ONE, ON BEHALF
OF FRANK SHEA
TYPE OF ACTION
Personnel
SUBMmED BY
INITIATING DEPTJDIV.
Paul Morsen, Deputy General Manager
Administrative
ISSUE: In accordance with the Disciplinary Procedure in the current Memorandum of
Understanding between the District and the Central Contra Costa Sanitary District Employees'
Association, Public Employees' Local No. One, the Board of Directors may adopt, reject or modify
the recommendation of an appointed neutral third party (arbitrator) in appealed disciplinary
matters.
BACKGROUND: On November 15, 1990, the Board directed staff to secure the services of an
arbitrator to hear the appeal of Employees' Association, Public Employees' Union, Local No. One
on behalf of Maintenance Crew Member II Frank Shea. Mr. Shea had received a three-day
suspension without pay for habitual absenteeism.
The arbitration process has been exceptionally lengthy. The arbitration was held on March 25,
1991, and May 8, 1991. Requests for extensions by the Union to submit post hearing arguments
were granted; consequently, Union arguments were not submitted to the arbitrator until July 19,
1991. The arbitrator's opinion was not issued until October 2, 1991.
Mr. David C. Nevins was selected as the arbitrator. The arbitrator's recommendation, found on
page 22 of the decision, states that,
"the grievant's suspension be revoked and that he be reimbursed for the three days
of lost pay and other benefits (if any) he suffered as a result. It is further
recommended that his excessive absenteeism for the period in question be made the
subject of a verbal warning with a discussion record. Finally, it is recommended to the
Board that the grievant's suspension, for the reasons discussed, be found as without
proper just cause under the particular circumstances of his discipline."
The arbitrator advised against the District's actions in the following areas:
. Mr. Shea, acting within the terms of the Local One M.O.U., had removed evidence of his
previous disCiplinary record from his personnel file. The arbitrator advised against basing
Shea's subsequent disciplinary action on a disciplinary record which does not remain in
the personnel file.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302A-7/91
PM
SUBJECT
ADOPT ARBITRATOR'S RECOMMENDATIO IN THE
APPEAL OF EMPLOYEES' ASSOCIA liON, PUBLIC
EMPLOYEES' UNION, LOCAL NO. ONE, ON BEHALF
OF FRANK SHEA
POSITION
1
PAPER
2
PAGE
DATE
OF
October 29, 1991
. If past discipline is to be relied upon in a disciplinary action, it must be cited in the
suspension notice and attached to it. It had not been cited in Shea's suspension notice.
. The Arbitrator felt that Shea was treated more severely than other employees with similar
absentee records based on his past disciplinary record.
. Shea should have been progressively disciplined along the way instead of allowing his
leave abuse to accrue to such an extent that a suspension would be warranted.
District staff believes its actions served their purpose by focusing Mr. Shea's attention on a
continuing serious problem. In the spirit of our Memorandum of Understanding with Local No.
one and the arbitration process, staff recommends that the Board accept and adopt the
arbitrator's recommendation. Accordingly, if the staff recommendation is adopted by the Board,
Mr. Shea will have his three days without pay reimbursed and have his three-day suspension
reduced to a Discussion Record.
RECOMMENDATION: Accept and adopt the recommendation of the arbitrator in the appeal of
the Employees' Association, Public Employees' Union, Local No. One as the final action of the
District.
13028-9/85
PAGE 1 OF 2
NO.
8. PERSONNEL b.
DATE
DELETE THE SENIOR MATERIALS COORDINATOR POSITION,
G65 ($3118 - $3778), AND ADD THE MATERIALS
COORDINATOR III POSITION, G59 ($2706 - $3273)
TYPE OF ACTION
PERSONNEL
SUBMITTED BY
Ken F. Laverty, C.P.M.
h in nd Materials Officer
INITIATING DEPTJDIV.
Ad m i n istrative/Purc hasing
ISSUE: Board authorization is needed for personnel classification changes.
BACKGROUND: In July 1987 the Board of Directors authorized the reclassification of Donald
McKenery, Materials Coordinator III, G59, to Senior Materials Coordinator, G65. This
reclassification was necessary because of the additional duties placed on the Materials
Coordinator III for the purchasing, expediting, and purchase order administration of all materials
and supplies stocked in the Materials Control inventory.
Since July 1987, over fifty (50) percent of the Section's staff has changed. The new persons
hired have the professional knowledge and skills to more effectively perform the purchasing
duties of the District than was the case since 1987. On October 11, 1991, the Senior Materials
Coordinator position became vacant due to Mr. McKenery's retirement. There now exists an
opportunity to reorganize the purchasing duties of the Section (Attachment 1).
To best utilize the individual capabilities of the Section's personnel and to give personnel
advancement opportunities to the Section's personnel, the following changes are being
recommended: that the Senior Materials Coordinator, G65 ($3118-3778), position be deleted
and the Materials Coordinator III, G59 ($2706-3273), be added, effective November 21, 1991.
This classification change is due to transferring the additional purchasing duties of the inventory
stock items from the Senior Materials Coordinator position back to the Senior Buyer position.
These recommended changes, which result in no increase in salary expense, will allow
purchasing to more effectively perform the purchasing services requested by the District's
departments. The Board's Personnel Committee has reviewed these changes at its October 23,
1991, meeting.
RECOMMENDATION: Authorize the deletion of the Senior Materials Coordinator, G65 ($3118-
3778), and the addition of the Materials Coordinator III, G59 ($2706-3273), effective November
21,1991.
INITIATING DEPTJDIV.
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PAGE 1 OF1
November 6, 1991
NO.
9. LEGAL/LITIGATION a.
SUBJECT
DATE
DENY CLAIM FROM PACIFIC BELL TELEPHONE
COMPANY ALLEGING DAMAGE TO COMMUNICATIONS
CABLES AND CONDUIT STRUCTURE BY A CONTRACTOR
INSTALLING A SEWER LINE
October 29, 1991
TYPE OF ACTION
DENY CLAIM
SUBMITTED BY
INITI~~tRfi\'jTs~f~tive/
Risk Management and Safety
Bonnie Allen, Risk Manager
ISSUE: A claim for $5,000 has been received from the Pacific Bell Telephone Company alleging
damage to communications cables and conduit structure by a contractor installing a sewer line
for the District. Claim denials require action by the Board of Directors.
BACKGROUND: The contractor, Ranger Pipelines, is performing a District construction contract
(DP 46l5A) Country Gardens/Third Avenue Sewer Improvements. On August 14, 1991, while
excavating in front of 2508 Buena Vista, Walnut Creek, the contractor allegedly broke a clay
conduit structure and damaged Pacific Bell's communications cables. Prior to this work Ranger
Pipelines made the required notifications to Underground Service Alert (USA) to mark the
underground utilities in the pipe alignment, and the owners of the utilities, including Pacific Bell,
marked their utilities. There was apparently a discrepancy between the street markings and the
location of the communication cables indicating that the Pacific Bell lines had been mismarked.
For these reasons, the staff recommends that Pacific Bell's claim be denied.
The District is an additional insured on the contractor's insurance policy and has also been
indemnified by the contractor.
RECOMMENDATION: Deny the $5,000 communications cables and conduit structure damage
claim from Pacific Bell and refer it to staff for further action as needed.
INITIATING DEPT.lDIV.
~
MENDED FOR BOARD ACTION
1302A-7/91
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PM
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