HomeMy WebLinkAboutAGENDA BACKUP 08-25-88
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Centra. ;ontra Costa Sanitar\ .Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION PAPER BOARD MEETING OF August 25, 1988
AUlHORIZE ~ARD OF A PURCHASE ORDER TO ETEX, INC.
TO FURNISH lWO ELECTRIC MOTOR OPERATORS FOR DISTRICT
PROl ECT NO. 20070, INFLUENT GATE OPERATORS
NO.
IV. BIDS AND AWARDS
DATE August 17, 1988
SUBJECT
TYPE OF ACTION
AUlHORIZE AWARD
SUBMITTED BY
Cheri Arstani, Senior Buyer
INITIATLNG DEPT/DIY.
Admlnistratlve/Purchasing &
Materials Control
ISSUE: On August 2, 1988, sealed bids to furnish two electric motor operators for
District Project No. 20070, Influent Gate Operators, were publ icly opened. The
Board of Directors must authorize award of the purchase order or reject the bids
within ninety (90) days of the bid opening.
BACKGRaJN:>: The District is in the process of designing and constructing a new
infl uent gate operator system to enhance the opening and closing speed of the
existing influent gates. This project was approved by and is fully described in the
Fiscal Year 1988-1989 Capital Improvement BUdget, page TP-82.
The Notice to Bidders was advertised on July 22 and 28,1988. The bids were publicly
opened and read aloud on August 2, 1988. Three bids were received as follows:
Company
ETEX, Inc.
Val ve Serv ices
R. J. Kaufman
Price
$11,537.96
12,646 .51
14,770.23
A commercial and technical evaluation was conducted by District staff (see
Attachment 1), which determined that the lowest responsible bidder is ETEX, Inc. of
Petaluma, California.
RECOMMENDATION: Authorize award of a purchase order to ETEX, Inc., the lowest
responsibl e bidder, for $11,537.96 to furnish two el ectric motor operators for
District Project No. 20070.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
DJC
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()R.7;:G.
ROGER J. DOLAN
INITIATING DEPT./DIV.
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1302A-9/85 CCA
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Centr..~ Contra Costa Sanitar) District
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
SUBJECT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE
AN AGREEMENT WITH THE JOINT VENTURE OF JMM/CDM TO
DEVELOP A WET WEATHER DISCHARGE PROGRAM FOR THE
TREATMENT PLANT
NO.
VI.
ENGINEERING
1
DATE
Au us 19 1988
TYPE OF ACTION
EXECUTE AGREEMENT
SUBMITTED BY
Steve McDonald
INITIATING DEPT.lDIV.
Engineering Department/
P nnin Division
ISSUE: Authorization by the Board of Directors is required for the General
Manager-Chief Engi neer to execute professional service agreements greater than
$50,000.
BACKGROUND: Currently, peak wet weather flows exceed existing plant processing
capacity. During wet weather, flows in excess of treatment plant capacity are
diverted to holding ponds. During extreme wet weather events, the ponds fill up
and excess flows are diverted to Walnut Creek. The ultimate bottleneck in
processing wet weather flows and avoiding a creek discharge is the outfall
capacity. The Treatment Plant Master Plan modeling work demonstrated that the
ponds will not be big enough to prevent overflows to the creek in the future,
even when the outfall is increased to its peak capacity of 145 mgd.
An a1 ternative to a new outfall and new processi ng capacity for flows greater
than 145 mgd, is to obtain approval by the Regional Water Quality Control Board
(RWQCB) for an infrequent wet weather discharge to Wa1 nut Creek of treated
eff1 uent. Approval of an infrequent di scharge to the creek will e1imi nate the
need for a second outfall. This would save approximately $35 million, plus the
cost to expand treatment beyond 145 mgd.
In February 1988, the Planning Division began to develop the background material
and engineering studies required to obtain RWQCB approval. Work completed to date
i nc1 udes a review and compari son of wet weather management programs of other
agencies which have RWQCB approval and meetings with the RWQCB staff to discuss
the feasibility of a discharge to the creek.
The Planning Division found that EBMUD, Vallejo Sanitary District, and the city
of Richmond have recently received approvals for similar discharge requests.
The Planning Division also found that the RWQCB staff was receptive to the
infrequent creek di scharge a1 ternative for CCCSD. Therefore, Di strict staff
recommends proceedi ng now to prepare a formal di scharge request because the
preliminary discussions with the RWQCB were favorable and because the District's
NPDES permit is up for renewal in 1989.
A scope of services and a cost reimbursement contract with a cost ceil in9 of
$110,100 has been negotiated with the joint venture of James M. Montgomery
Engi neers and Camp Dresser & McKee, Inc. (JMM/CDM), the consul tant for the
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302....9/85
HSM
JMK
RAB
INITwJ0PT.lDIV.
-pt1L-
/JfJ
SUBJECT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE
AN AGREEfJENT WITH THE J OINT VENTURE OF J MM/CDM TO
DEVELOP A WET WEATHER DISCHARGE PROGRAM FOR THE
TREATMENT PLANT
POSITION
PAPER
PAGE 2 OF
2
DATE
August 19, 1988
Treatment Plant Master Plan. JMM/CDM was selected for this project because it is
part of the overall Treatment Plant Master Plan effort.
The objective of the proposed scope is to obtain RWQC8 approval of a creek
discharge. The work consists of gathering and analyzing historical treatment
plant overflow data and receiving stream water quality, stream flow, and biology.
These data will be used in discussions with the RWQC8 and the California
Department of Fish and Game to demonstrate the potential impacts of the proposed
wet weather di scharge on the creek. Al so, a ''Wet Weather Management Pl an" will
be prepared which will document the assessment of environmental impact, present
the alternatives and costs required to justify the proposed wet weather
discharge, and will serve as the formal discharge permit request.
Staff has budgeted the project assuming that existing studies and raw data are
suffi ci ent to develop a formal di scharge permit request. However, additi onal
field and office studies may be requested by the regulatory agencies to
supplement the available data. These studies are not included in this scope of
work because staff believes currently available data should be adequate. Also,
preparation of the required CEOA documentation is not included in this scope, but
will be submitted to the Board for approval following the completion of the ''Wet
Weather Management Plan," if needed.
Authorization of funds is not required because this effort is budgeted in the FY
1988-89 Capital Improvement Budget on page TP 96 under the title "Treatment Plant
Master Plan."
RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute an
agreement in the amount of $110,100 with the joint venture of JMM/CDM for
development of the Wet Weather Discharge Program.
13028- 9' 85
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Centra. Contra Costa Sanitar) District
BOARD OF DIRECTORS
POSITION PAPER
PAGE 1 OF 2
1988
NO.
VIII. BUDGET & FINANCE 2
SUBJECT
ESTABLISH LIMITATIONS ON SEWER SERVICE CHARGE REFUNDS
DATE
August 18, 1988
TYPE OF ACTION
ESTABLISH REFUND
LIMITATIONS
SUBMITTED BY
Barton L. Brandenburg
Associate Engineer
INITIATING DEPT./DIV.
Engineering Department/
Planning Division
ISSUE: Staff requests that the Board of Directors establish a policy limiting
sewer service charge refunds and providing for the payment of interest on certain
refunds.
BACKGROUND: On July 1, 1976, the District initiated the current practice of
assessing sewer service charges to its customers and collecting them with
property taxes. Prior to initiating the sewer service charge, property owners
(identified through the County Assessor's property tax rolls) were sent a letter
advising them of the implementation of a sewer service charge program. The
property owners were instructed to compl ete and return a card if thei r home or
busi ness was served by a septic tank and was not connected to the Di stri ct' s
sewers. Property owners who returned cards were not assessed an annual sewer
service charge on their property tax statement. However, some property owners
di d not return a card even though thei r property was served by a septic tank.
Subsequent owners of the property may have al so been unaware the property was
served by a septic tank and therefore paid a sewer service charge.
Since that time, property owners (21 in fiscal year 1987-88) have requested
refunds of prior year sewer service charges when the owner or District staff
discovered that their homes or businesses were not connected to the District's
sewer. District Code Section 6.24.070 authorizes the General Manager- Chief
Engineer to refund sewer service charges to customers when they were paid in
error. However there is no provision establishing a time limit for the
determination of the refunded amount nor whether interest should be paid. The
current practice for determining the refunded amount is to use the entire length
of time the property owner requesti ng the refund pai d the sewer service charge.
For a typical single-family residence, a refund could be as much as $1,283.00 for
11 years of previous payments. Commerci al account refunds may be much higher.
In the past, staff has not included any interest on the refunded amount.
However, staff has, over the years, received requests for interest payment from
property owners requesting refunds.
Researching sewer service charge documents to affirm each overcharge is done
manually. This is time consuming and requires that 11 years of records be kept
access i b 1 e. 01 der records are becom i ng worn and i 11 egi b 1 e due to thei r age and
use.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT.lDIV.
~rM K-
~~h
1302A.9/85 BlB
JMK
SUBJECT
ESTABLISH LIMITATIONS ON SEWER SERVICE CHARGE REFUNDS
POSITION PAPER
PAGE
DATE
2
OF
2
August 18, 1988
To assist in establishing a reasonable policy of refunding overpayments, staff
requested a determination from District Counsel as to the legal obligation the
District has in issuing refunds. Counsel's opinion is summarized as follows:
o Refunds of sewer service charges must be made by the same method as state
tax refunds if these charges are collected on the property tax rolls.
o Generally, when overpayment of taxes is disputed, a taxpayer (property
owner) is required to make the payment under protest in order to obtain a
refund at a later date.
o Tax codes provide that no refund shall be made after four years from the
last day prescribed for payment of tax.
o Tax codes require payment of interest at the rate of 12 percent per annum
only if the overpayment occurred without any error on the part of the
taxpayer (property owner).
o In instances where the error in overpayment is due to the property
owner's failure to inform the District that the property is not connected
to the sewer, no interest should be paid.
Staff believes that Counsel's opinion supports establishing a limit on sewer
service charge refunds. The maximum sewer service charge refund is recommended
to be determined by summing overpayments made over the previous four years or for
the years the taxpayer requesti ng the refund overpayed, whichever is 1 ess.
Interest woul d onl y be pai d on refunds when there was an error made by the
District rather than the property owner's failure to inform the District.
RECOMMENDATION: Establish a limit of four years from the date a sewer service
charge was due for the determination of a refund amount. Establish a policy that
interest on the overpayment will only be paid when the overpayment is solely due
to District error.
13026-9/85
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Centr&~ Contra Costa Sanitar~ ~istrict
BOARD OF DIRECTORS
PAGE 1
OF
7
POSITION
PAPER
BOARD MEETING OF
August 25, 1988
NO.
IX.
SOLID WASTE
1
SUBJECT
CONSIDER ADOPTION OF A RESOLUTION APPROVING A
MEMORANDUM OF UNDERSTANDING (MOU) DEALING WITH SOLID
WASTE EXPORT ISSUES AND APPOINTMENT OF AN ELECTED
OFFICIAL AS A REPRESENTATIVE TO THE MOU POLICY BOARD
DATE
August 19, 1988
TYPE OF ACTION
APPROV E MOO AND
APPOINT
REPRES ENTA TrV E
SUBMITTJ;D BY E McM '11
Joyce. 1 an
Secretary of the Di strict
INITIATING DEPT.lDIV.
Administrative
ISSUE: At the August 4, 1988 Board meeting, the Board of Directors
expressed support of the Memorandum of Understandi ng deal ing with sol id waste
export issues proposed by the Contra Costa Publ ic Managers Association and
requested that the matter be brought back for formal Board action.
BAa<GROON): The Acme Fill disposal site is expected to close in January 1989,
and sites in west and east county will close shortly thereafter. A permanent
replacement site will not be available within the county by the date of closure
of Acme Fill. As a result, various parties are currently engaged in efforts to
negotiate an export agreement.
The Contra Costa Public Managers Association has drafted a Memorandum of
Understanding regarding the current efforts to export solid waste. The purpose
of the MOO is to establish an appointed board for policy support and guidance to
the Mayors Conference export negoti ati ng committee, to establ ish an executive
committee (the current export negotiating committee), to provide staff support
for the policy board and executive committee, to expedite approval of any export
agreement(s) arising out of the negotiations, and to establ ish a forum for
cooperative di al ogue on solid waste export matters. The proposed MOU is not
intended to interfere with any negotiations which may be conducted by private
concerns regarding export, nor is it intended to address the siting of a
permanent landfill in Contra Costa County.
A memorandum of expl anation from the Contra Costa Publ ic Managers Association
and the proposed MOU are attached for the Board's consideration.
RECOMMENDATION: Consider participation in the MOU regarding current efforts to
export solid waste. If appropriate, adopt a resolution authorizing the
President of the District Board of Directors to execute the MOU and appoint an
elected official to the MOU policy board.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT./DIV.
~
26 orinda way . orinda . california 94563 . 415' 254-3900
MEMORANDUM
~ ~ C- c' i: "'1.; ~ i1J
J U L. j" ::1 1988
TO:
Mayors and Members of City Councils
Contra Costa County Board of Supervisors
Contra Costa Sanitary and Service Districts
f~' .,~,c~~q ;......'
DATE:
July 22, 1988
FROM:
Torn Sinclair, Chair, Contra Costa Public Managers
Association
As you are certainly aware, the Acme Fill landfill site in
central Contra Costa is expected to close in January 1989, and
similar sites in west and east county will close in the next few
years. A permanent replacement site will not be available within
the county by the date of closure of Acme Fill.
(
The Contra Costa Mayors Conference has appointed a committee to
explore and negotiate an agreement for interim export of solid
waste. This committee, consisting of Councilmernbers Rosemary
Corbin (Richmond), Nancy Parent (pittsburg) and Avon Wilson
(Lafayette), has been joined by Supervisor Nancy Fahden and
Supervisor Torn Torlakson in discussions with representatives from
other counties with landfill capacity.
The Contra Costa Public Managers Association has drafted a
Memorandum of understanding regarding the current efforts to
export solid waste. The purpose of this Memorandum of
Understanding is severalfold: to establish an appointed board for
policy support and guidance to the export negotiating committee;
to establish an executive committee (the current export
negotiating committee); to provide staff support for the policy
board and executive cornnlitteei to expedite approval of any export
agreement(s) arising out,of the negotiations; and to establish a
forum for cooperative dialogue on solid waste export matters.
It is also important to note what is not intended by this
Memorandum of Understanding. Its purpose is not to interfere with
any negotiations which may be conducted by private concerns
regarding export. It is also not intended to address the siting
of a permanent landfill in Contra Costa County. The focus is on
export, with emphasis on public agency involvement in the design
process.
This Memorandum of understanding is being distributed to the
eighteen cities, the County and the eight sanitary and service
districts involved in solid waste franchising. Agencies electing
to participate should adopt a resolution authorizing that agency
(
July 22, 2988
Page Two
to be a signatory to the Memorandum of Understanding, and appoint
an elected official as a representative to the board. When more
than one-half of the agencies determine to participate, a meeting
notice will be sent to the appointed representatives.
The Public Managers Association has proposed this Memorandum of
Understanding to provide a collective and cooperative effort to
avoid a solid waste disposal crisis in January 1989. We ask that
your agency give careful consideration to this matter. Thank you.
(
Executed copies of the Memorandum of Understanding and the name of
your agency's appointed representatives should be sent to:
Torn Sinclair
City Manager
City of Orinda
26 Orinda Way
Orinda, CA 94563
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING dated August 1988 for
purposes of reference only is entered into by and between any agency
listed below which as a consequence of a majority vote of its ruling
body chooses to become a signatory to this MOU. A body shall be
considered to be a signatory to this MOU and thus a party as that
term is used hereinafter upon the signing of the Agreement by the
Mayor or Board Chairman of such body and submitting a resolution
from its ruling body approving such act to the Executive Secretary
of the Mayors' Conference.
The parties to this MOU shall be restricted to the following
agencies: CONTRA COSTA COUNTY, CITY OF ANTIOCH, CITY OF BRENTWOOD,
CITY OF CLAYTON, CITY OF CONCORD, TOWN OF DANVILLE, CITY OF EL
CERRITO, CITY OF HERCULES, CITY OF LAFAYETTE, CITY OF MARTINEZ, CITY
OF MORAGA, CITY OF ORINDA, CITY OF PINOLE, CITY OF PITTSBURG, CITY
OF PLEASANT HILL, CITY OF RICHMOND, CITY OF SAN PABLO, CITY OF SAN
RAMON, CITY OF WALNUT CREEK, BYRON SANITARY DISTRICT, CENTRAL CONTRA
COSTA SANITARY DISTRICT, CROCKETT-VALONA SANITARY DISTRICT,
KENSINGTON COMMUNITY SERVICES DISTRICT, MOUNTAIN VIEW SANITARY
DISTRICT, OAKLEY SANITARY DISTRICT, RODEO SANITARY DISTRICT, and
WEST CONTRA COSTA SANITARY DISTRICT
'BACKGROUND AND POINTS OF AGREEMENT:
(
1. Acme Fill landfill is expected to reach capacity in January
of 1989. The Contra Costa Waste Sanitary Landfill is expected to
reach capacity in 1991 (sooner if other wastes are diverted to the
landfill). The West Contra Costa Sanitary Landfill is expected to
reach capacity in 1992 (sooner if other wastes are diverted to the
landfill). It is unlikely that an additional in-county landfill
site can be operational before 1991. As current landfill sites
become unavailable to parties to this MOU, affected parties will be
required to export their solid waste to landfills outside of Contra
Costa County in order to prevent the diversion of additional waste
to any of the above landfills. If no export solution is found, the
entire County landfill capacity could be exhausted in 1990. In this
MOU "export" refers to the disposal of solid waste generated and
collected in Contra Co~ta County to a disposal site outside of
Contra Costa County.
2. The solid waste export issue is complex and directly
involves the County, cities, franchising sanitary districts, and the
private solid waste collection and disposal companies.
3. Initial steps have been taken with the formation of the
Mayors' Conference Subcommittee on Solid Waste Export. The purpose
of this MOU is to compliment and further the efforts of that group
by providing a policy foundation and support staff.
4. The need for transfer stations for waste export is
acknowledged and the parties intend to work together to ensure that
any needed transfer station is operational when export is required.
5. Now is the time to cooperatively act to obtain a waste
export agreement. The initial waste disposal problem lies in
central County, but East and West County will also likely need to
export their wastes.
IN FURTHERANCE OF THE GOAL OF SOLVING THE PROBLEM OUTLINED ABOVE,
THE PARTIES AGREE TO COOPERATIVELY TAKE THE FOLLOWING ACTIONS:
1. The parties agree to work actively and cooperatively to
arrange for an export agreement to dispose of Contra Costa County's
wastes until a new landfill in Contra Costa County is in operation.
2. Any agreement for export shall be brought back to the
governing body of each party for approval.
3. Each party shall appoint one elected official to serve on a
policy board to direct actions concerning waste export.
(
4. An executive committee of elected officials comprised of
the Mayors' Conference Subcommittee on Solid Waste and such other
representatives as are selected by the policy board shall be
established. This executive committee shall be charged with the
responsibility of developing policies and agreements to be acted
upon by the policy board. Replacements for vacancies on the
executive committee shall be chosen by the policy board.
5. A technical committee of agency staff shall be formed to
manage waste export activities and to give advice to the executive
and policy committees.
6. Contra Costa County staff, in connection with the technical
committee, shall initially support the executive committee on its
waste export activities until the parties decide otherwise.
7. The initial task of the policy board is to develop a work
plan for approval by the governing bodies of the parties.
8. The formation of this body shall not delay, interfere or
prohibit any activities now ongoing to obtain waste export
agreements.
DATED:
(Signatures begin on Page 3)
-2-
CENTRAL CONTRA COSTA SANITARY DISTRICT
By:
Its:
l
-23-
.
Centra. Contra Costa Sanitar) District
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION
PAPER
BOARD MEETING OF
August 25, 1988
NO.
x.
LEGAL/LITIGATION
SUBJECT
DENY CLAIM FROM PACIFIC BELL CONCERNING DAMAGE
TO CONDUITS AT SAN RAMON VALLEY INTERCEPTOR
PHASE "A" PROO ECT
DATE
August 19, 1988
TYPE OF ACTION
DENY CLAIM
SUBMITTED BY
Jack E. Campbell
Administrative Operations Manager
INITIA TING DEPT.lDIV
Administrative/Risk Management
ISSUE: A cl aim has been received from Pacif ic Bell for the costs to repair
telephone conduits allegedly damaged by Westcon during construction work on the San
Ramon Valley Interceptor Phase "A" Project. A claim denial requires action by the
Board of Directors.
BAO<GROUNl: Pacific Bell is alleging that on June 13,1988, Westcon employees
damaged six 4-inch transite telephone cable ducts while excavating for a CCCSD
sewer line. The cost of repairs was $4,695. Pacific Bell sent an insurance claim
form to Westcon on June 23, 1988, requesting that they accept responsibil ity for
the costs of the repairs. Westcon replied to Pacific Bell that only three conduits
and two a i rl ines were damaged. Furthermore, Westcon contends that Pacif ic Bell
used the incident to replace undamaged conduits and encase them in concrete which
represented an improvement to the original installation. Westcon believes that it
should not be held responsible for this extra work over and above the actual damage
repairs. Pacific Bell had not responded to Westcon as of this date because Pacific
Bell has not completed their follow-up investigation of the incident.
The staff position is that this is a matter between Westcon and Pacific Bell as to
the repairs and the cost. Westcon, as contractor, has indemnified the District
through the construction contract, and, therefore, this claim against the District
should be denied and forwarded to Westcon for resolution.
RECOMMENlATION: Deny claim from Pacific Bell for alleged damage resulting from the
San Ramon Valley Interceptor Phase "A" Project and refer it to Westcon for
resolution.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INIT AT~G ~DIV.
1302A-9!
JEC
PM