Loading...
HomeMy WebLinkAbout9/5/2002 AGENDA BACKUPCentral Contra Costa Sa..itary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 5, 2002 No-: 4.a. CONSENT CALENDAR Type of Action: AUTHORIZE AGREEMENT Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A LICENSING AGREEMENT GRANTING FAIRFIELD- SUISUN SEWER DISTRICT RIGHTS TO USE PATENTED SYSTEMS Submitted By: Initiating Dept. /Div.: Ba T. Than, Senior Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION. &__T T W% — B. Than W. Brennan A. Farrell t.(A K. Alm General M I ISSUE: Board of Directors' authorization is required for the General Manager to execute an agreement with other agencies. RECOMMENDATION: Authorize the General Manager to execute a licensing agreement granting Fairfield- Suisun Sewer District rights to use patented systems. FINANCIAL IMPACTS: The Fairfield- Suisun Sewer District will reimburse Central Contra Costa Sanitary District in the amount of $1,000 for the administrative cost. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: On February 5, 2002, the United State Patent and Trademark Office granted a patent to Central Contra Costa Sanitary District for the design of a pressure relief system for the protection of the feedwell in the secondary clarifier. This Patent No. 6,343,698 entitled Seismic Protection System for a Clarifier Feedwell in a Wastewater Treatment System. The official certificate of this patent was presented to the Board on July 11, 2002. The Fairfield- Suisun Sewer District (FSSD) is currently upgrading their facilities and has requested to use these patented systems for their facilities. FSSD has drafted and signed the attached licensing agreement. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a licensing agreement granting Fairfield- Suisun Sewer District rights to use patented systems. 8/19/02 L: \Position Papers\ BTHAN \7144FSSDlicensingagreement.wpd Page 1 of 7 F-1 L. v `i V rte. L.+ AUG 0 s 2002 FAIRFIELD - SUISUNI LICENSING AGREEMENT RREEN DISTRICT CENTRAL CONTRA, COSTA SANITARY DISTRICT AND FAIRFIELD- SUISUN SEWER DISTRICT This Licensing Agreement ( "Agreement's is made on September 6, 2002, by and between Central Contra Costa Sanitary District ( "Licensor "), a local public entity organized under the Sanitary District Act of 1923, and Fairfield- Suisun Sewer District ( "Licensee "), a local public entity organized under special legislation. RECITALS A. WHEREAS, Licensor has a patent relating to a certain design for wastewater process equipment called Seismic Protection Svstem. for a Clarifier Feedwell in a Wastewater Treatment System, which patent is identified by the United States Patent Office as Patent No. 6,343,698 ( "Patent"); and B. WHEREAS, Licensee desires to obtain a nonexclusive license to use the process equipment design described in the Patent, and Licensor desires to grant this license to Licensee on terms and conditions acceptable to the parties; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement and intending to be legally bound by this Agreement, Licensor and Licensee agree as follows: AGREEMENT SECTION 1. Grant Of Rights. Licensor grants Licensee the nonexclusive license to use the design process as described in the Patent, subject to the terms and conditions set forth in this Agreement., Nothing in this Agreement should be construed to prohibit the granting of other or similar licenses to any other person or entity or to prohibit Licensor from using, selling, or licensing the design process. In the event that Licensor develops or discovers modifications to or improvements in the technology embodied in the Patent that it deems in its sole discretion to be useful to the Licensee's use of the rights granted by this Section ( "Improvements "), Licensor promptly must disclose the Improvements to Licensee in writing and offer a license to use the Improvements upon the terms and conditions set forth in this Agreement: SECTION 2. Grant -Back To .Licensor. Licensee grants to Licensor a nonexclusive, royalty-free license to use any modifications to or improvements in any technology used by Licensee pursuant to this Agreement and promptly to disclose all such modifications and improvements to Licensor. SECTION 3. Warranties By Licensor. Licensor warrants and represents that it is the sole owner of the process described in the Patent, that to its knowledge no claim has been made contesting the validity of the process described in the Patent, and that the practice of the art disclosed in the Patent will not constitute an infringement of the rights of any third parry. Doc #246428 Page Iof3 Page 2of7 SECTION 4. Payment. As and for full consideration for the rights granted in this Agreement, Licensee will pay to the Licensor $ 1000.00 upon the execution of this Agreement. SECTION 5. Confidentiality. Licensee acknowledges and agrees that all technical and other information disclosed to it by Licensor is confidential and proprietary to Licensor ( "Confidential Information ") and acknowledges that the unauthorized disclosure and/or use of any of the Confidential Information will result in immediate and irreparable injury to Licensor. Licensee may disclose the Confidential Information only to those of its employees, contract operators, design engineers, contractors to whom such disclosure is necessary to permit the use of the design process, and may not disclose any of the Confidential Information to any other person or entity without the prior written approval of Licensor. This Section is applicable only to Confidential Information that is exempt from Federal Patent laws and/or the California Government Code Sections 6250 et seq. ( "Public Records Act") as privileged "Trade Secrets" (see CAL. GOVT CODE § 6254.7). SECTION 6. Sub - License. Licensee may not grant any sub - license of any of the rights granted by this Agreement without the prior written permission of Licensor. SECTION 7. Infringement. In the event that Licensee becomes aware of any act that may constitute an infringement of any right granted by this Agreement, Licensee promptly must notify Licensor of that act. SECTIONS. Term and Termination. 8.1. Initial Term. This Agreement is effective as of the date entered on the first page of this Agreement, and will remain in effect indefinitely, unless terminated pursuant to this Section. 8.2. Termination by Consent. This Agreement may be terminated at any time by the written, mutual consent of Licensor and Licensee. 8.3. Early Termination by Licensor. Licensor may terminate this Agreement on ninety (90) days' prior written notice in the event that Licensee breaches any term of this Agreement and fails to cure that breach within sixty (60) days or receipt of notice of the breach. SECTION 9. Applicable Law. This Agreement is eoverrned by and construed under the laws of the State of California. SECTION l0. Assignment. Licensee may not assign this Agreement or any right granted in this Agreement without the prior written consent of Licensor. Should Licensor consent to any assignment, assignee must accept all obligations and Doc #246428 Page 2 of 3 Page 3 of 7 limitations contained herein. SECTION 11. Entire Agreement. This Agreement constitutes the entire agreement between Licensor and Licensee with regard to its subject matter, and no prior. simultaneous, or collateral promises or representations not expressly contained in this Agreement are of any force or effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized representatives. CENTRAL CONTRA COSTA SANITARY DISTRICT By: ATTEST: By: APPROVED AS TO FORM: Kenton L. Alm, Legal Counsel FAIRFIELD -S YA, ST CT By: LAC-,- 7v ATTEST: V By: Lo Utz, li►S 1c4- 641 rX' APP By: Mark Co pus, Legal Counsel Doc 9246428 Page 3 of 3 Page 4 of 7 NOTARY STATEMENT OF CENTRAL CONTRA COSTA SANITARY DISTRICT State of California County of Contra Costa } ss On J�'ly 3),2N2- before me Y ar -a1 —7 • 1- °P�a Notary Public, personally �1 Appeared �arlJ� F. Li Y1 �i'• Name(s) of Signers) personally known to me -OR- ❑ proved to me on basis of satisfactory NNAI evidence to be the person(s) whose name(s) is /are subscribed to the within instrument 01.9 and acknowledged to me that he /she /they �j executed the same in his /her /their authorized a ^ o c capacity(ies) and that by his /her /their O U o signature(s) on the instrument, the person(s) U or the entity upon behalf of which the Z< Z E E person(s) acted, executed the instrument. `R WITNESS my hand and official seal 2 � V Signature of Nota tVNN CAPACITY CLAIMED BY SIGNER 0-INDIVIDUALtSI ❑ CORPORATE OFFICER(S) (:9Pr\e ('OJ ii 0,A4 A W —01SA)'k1r" Enaonf -er Title(s) ❑ PARTNERIS) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER _ Describe SIGNER IS REPRESENTING: Name of Persen(s) er Entity4es) SC'Wpr �15�1 C� Page 5 of 7 NOTE: ALL SIGNATURES MUST BE NOTARIZED, USING THE FOLLOWING NOTARY STATEMENTS, IF NECESSARY, ATTACH SEPARATE NOTARY STATEMENTS. NOTARY STATEMENT OF FAIRFIELD - SUISUN SEWER DISTRICT State of California } County of Solano } SS On u,, 1.<LC�- before me 54)'LAJ ^Q u7 a Notary Public, personally Appeared L e Z D E Z Name of Signer(sa I' personally known to me tG MIA A <5 � itE� < E °° o �I k -OR- ❑ proved to me on basis of satisfactory evidence to be the person($.) whose name( isl.am subscribed to the within instrument and acknowledged to me that Pe/she /they' executed the same in his7her /Vefr authorized capacity(ies`) and that by bislher /their signature(s-Yon the instrument, the personal or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal Signature of Notary ' C CAPACITY CLAIMED BY SIGNER ® INDIVIDUAL(% ❑ CORPORATE OFFICER(S) Title(s) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER Describe SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Fri r / I'i � i�11 R �ELiJe 1^ s7"r ; c� Page 6 of 7 NOTE: ALL SIGNATURES MUST BE NOTARIZED, USING THE FOLLOWING NOTARY STATEMENTS, IF NECESSARY, ATTACH SEPARATE NOTARY STATEMENTS. NOTARY STATEMENT OF FAIRFIELD - SUISUN SEWER DISTRICT State of California CAPACITY CLAIMED County of Solano } as � BY SIGNER On 7,2_001 before me l _ l&vc- +'1^ a Notary Public, personally �,/ .LJ INDIVIDUAL(S) Appeared C'4C1vL -1U.v5 ❑ CORPORATE OFFICER(S) Name(s) of Signer(s) YJ personally known to me -OR- ES11 ❑ proved to me on basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies) and that by his /her /their signatures) on the instrument, the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary Title(s) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ,❑ OTHER �c;ti l Ci/�/rase� Describe SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) i2t�r0 e 16 -SjirU'. �vvf:' liiShl�� Page 7 of 7 Central Contra Costa &-titary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 5, 2002 No -: 4.b. CONSENT CALENDAR Type of Action: ADOPT APPROPRIATIONS LIMITS subject: ADOPT A RESOLUTION ESTABLISHING THE 2002 -2003 APPROPRIATIONS LIMIT IN ACCORDANCE WITH ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION Submitted By: Debbie Ratcliff, Controller Initiating Dept. /Div.: Administrative /Finance & Accounting REVIEWED AND RECOMMENDED FOR BOARD ACTION. D. Ratcliff R M graves General M, ISSUE: The Central Contra Costa Sanitary District is required to establish its appropriations limit in accordance with Article XIII B of the California Constitution. RECOMMENDATION: Adopt a resolution establishing the Sewer Construction Fund appropriations limit in the amount of $51,432,838 for the 2002 -2003 fiscal year, in accordance with Article XIII B of the California Constitution; select the change in the local assessment roll due to local nonresidential construction, for use in computing the appropriations limit. FINANCIAL IMPACTS: None ALTERNATIVES /CONSIDERATIONS: The appropriations limit could be calculated using the California per capita personal income percentage change of -1.27 as opposed to the local assessment roll due to local non - residential construction of 6.1 percent. BACKGROUND: On August 1, 2002, the Board of Directors authorized posting a public notice of availability of documentation in support of the District's appropriations limit. As statutorily required, the public notice was made at least 15 days prior to the September 5, 2002 Board Meeting at which the adoption of the appropriations limit is recommended. The appropriations limit is increased annually by a factor comprised of the change in population combined with either the change in California per capita personal income or the percentage change in the local assessment roll from the preceding year due to local nonresidential construction. The Board must select between the per capita personal income, or the change in the local assessment roll due to local nonresidential construction, by a recorded vote. Last year the Board selected the change in the local assessment roll, which was the larger of the two percentages, for the calculation of the 2001 -2002 appropriations limit. This approach allowed for a larger limit on the District's proceeds of taxes. S: \ADMIN\POSPAPER\approp.pp.wpd Page 1 of 3 POSITION PAPER . Board Meeting Date: September 5, 2002 saVect: ADOPT A RESOLUTION ESTABLISHING THE 2001 -2002 APPROPRIATIONS LIMIT IN ACCORDANCE WITH ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION The County Assessor has determined the nonresidential construction index for 2002 -2003 to be 6.1 percent. The California per capita personal income percentage change is -1.27. The change in the local assessment roll of 6.1 percent is being used in the calculation of the 2002 -2003 appropriations limit, to allow for a larger limit on the District's proceeds of taxes. The Sewer Construction Fund (Capital Fund) appropriations limit so computed is $51,432,838 for the 2002 -2003 fiscal year. The District's proceeds of taxes are budgeted to be $7,210,327 for the 2002 -2003 fiscal year. Interest on these tax proceeds are estimated to be $81,116. Therefore, total tax proceeds plus interest is $7,291,443 which is well within the appropriations limit set for the 2002 -2003 fiscal year. RECOMMENDED BOARD ACTION: Adopt a resolution establishing the Sewer Construction Fund appropriations limit in the amount of $51,432,838 for the 2002 -2003 fiscal year, in accordance with Article XIII B of the California Constitution; select the change in the local assessment roll due to local nonresidential construction, for use in computing the appropriations limit. SAADMIN \POSPAPER \approp.pp.wpd Page 2 of 3 RESOLUTION NO. A RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2002 -2003 WHEREAS, the Central Contra Costa Sanitary District is required under Article XIII B of the State of California Constitution to establish and adopt an Appropriations Limit for each fiscal year; and WHEREAS, the District has determined the Appropriations Limit of its Sewer Construction Fund (Capital Fund) for fiscal year 2002 -2003 to be $51,432,838; and WHEREAS, the selection of the alternative growth factor between the per capita personal income or the change in the local assessment roll due to local nonresidential construction must be made by recorded vote; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Central Contra Costa Sanitary District does hereby adopt the Appropriations Limit for said Fund in the amount of $51,432,838 for the fiscal year ending June 30, 2003, based upon the selection of the change in the local assessment roll due to local nonresidential construction. PASSED AND ADOPTED this 5th day of September 2002, by the District Board of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: COUNTERSIGNED: Secretary of Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Alm District Counsel President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California SAADMIN \POSPAPER \approp.pp.wpd Page 3 of 3 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 5, 2002 No-: 4.c. CONSENT CALENDAR Type of Action: AUTHORIZE CAD Subject: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD) FOR PROPERTIES ON EL PINTADO ROAD IN DANVILLE FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE EL PINTADO ROAD CAD NO. 2002 -8, FOR APPROVAL OF THE BOUNDARY, AND REQUESTING CONSENT OF THE TOWN OF DANVILLE FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE CAD Submitted By: Initiating Dept. /Div.: Russell B. Leavitt, Management Analyst Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION. ikt–' ��. Lm" A- R. Leavitt C. Swanson A. Var K. Alm 'Charles xTV General M ISSUE: Owners of properties on El Pintado Road in Danville are interested in connecting their homes to the Central Contra Costa Sanitary District ( CCCSD) sewer system and have requested formation of a Contractual Assessment District to finance an extension of the public sewer system. Board approval is required for a Contractual Assessment District (CAD). RECOMMENDATION: Approve initiating the formation of El Pintado Road CAD No. 2002- 8. FINANCIAL IMPACTS: There are minor administrative costs for initiating the formation of a CAD. These costs eventually will be paid by the CAD participants if a CAD is actually formed. If the CAD receives final approval from the Board in the future, the estimated CAD costs are $135,000. Neighborhood representatives have been informed that the District is concurrently processing other CAD requests and the final funding decision is subject to budgetary constraints. ALTERNATIVES /CONSIDERATIONS: Reject or defer initiating formation of the CAD - these actions would halt or delay the CAD proceedings. BACKGROUND: Owners of properties located on El Pintado Road in Danville have contacted District staff to obtain information regarding connecting their homes to CCCSD's public sewer system. Signed forms expressing interest in investigating and forming a CAD are on file from three of the eight property owners that could be served by an El Pintado Road public sewer. The area where the CAD would be formed is shown on Attachment 1. 8/26/02 U: \Position Papers \Bertera \Authorize El Pintado Road CAD- PP.wpd Page 1 of 10 POSITION PAPER Board Meeting Date: September 5, 2002 sub /ect: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD) FOR PROPERTIES ON EL PINTADO ROAD IN DANVILLE FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE EL PINTADO ROAD CAD NO. 2002 -8, FOR APPROVAL OF THE BOUNDARY, AND REQUESTING CONSENT OF THE TOWN OF DANVILLE FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE CAD The initial steps toward creation of El Pintado Road CAD No. 2002 -8 are for the Board of Directors to adopt a resolution indicating CCCSD's intention to designate an area within which contractual assessments are appropriate; briefly describing the proposed financing for the project; establishing the boundaries of the CAD; setting the time, date, and place for a public hearing at which interested persons may inquire about or object to the proposed program; and directing staff to prepare an Engineer's Report describing the project and financing arrangements. Additional resolutions are required to approve the boundary of the assessment district and to request the consent of the Town of Danville for CCCSD to conduct proceedings for El Pintado Road CAD No. 2002 -8. The proposed El Pintado Road CAD No. 2002 -8 complies with the revised CAD policy approved at the February 1, 2001 Board of Directors meeting. The CAD formation criteria are listed below. PROPOSED EL PINTADO ROAD CAD FORMATION CRITERION CAD NO. 2002 -8 1. A minimum of five properties must be directly tributary to the proposed CAD facilities. 1. There are more than five properties that would benefit from the proposed CAD sewer. 2. A minimum of 60 percent of the 2. All of the properties are developed properties directly tributary to the with existing homes using existing proposed CAD facilities must have septic systems. existing homes served by septic systems. 3. A Participant Parcel may not have more than two (2) dwellings to participate in a CAD. 8/26/02 UAPosition Papers \Bertera \Authorize El Pintado Road CAD- PP.wpd 3. None of the properties has more than two dwellings on it. Page 2 of 10 POSITION PAPER Board Meeting Date: September 5, 2002 subject: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD) FOR PROPERTIES ON EL PINTADO ROAD IN DANVILLE FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE EL PINTADO ROAD CAD NO. 2002 -8, FOR APPROVAL OF THE BOUNDARY, AND REQUESTING CONSENT OF THE TOWN OF DANVILLE FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE CAD Staff has concluded that this project is exempt from CEQA under CEQA Guidelines Section 15061(b)(3), since it can be "seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment." This certainty is based on CCCSD's past experience with numerous sewer construction projects of this nature, the relatively short distance involved, and the impact - limiting nature of CCCSD's construction specifications that would be required of the project. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDATION: Authorize formation of a CAD consisting of eight properties on El Pintado Road in Danville by: 1. adopting a resolution of intention to create El Pintado Road Contractual Assessment District No. 2002 -8 for the purpose of installing sewer improvements (Exhibit 1); 2. adopting a resolution approving the boundary of the assessment district (Exhibit 2); and 3. adopting a resolution requesting consent from the Town of Danville for CCCSD to conduct proceedings for El Pintado Road CAD No. 2002 -8 (Exhibit 3). 8/26/02 WPosition Papers \Bertera \Authorize El Pintado Road CAD- PP.wpd Page 3 of 10 .\ t'8 1 ► c , , 0\ ors i /i n � I I I I I CQ ao �I I ao is's E� 0 N >o _ _ V d \ O p� E 240 180 80 0 240 c FEET _ POTENTIAL EXISTING CAD AREA SEWER e d Central Contra Costa \ , N CQUWRY \\ mic VIEW LN 11 Fl LN �O SITE A� w 9Oo DANVILE LOCATION MAP N.T.S. I I I I I I I I I I I I PLANNED CAD SEWER App �� hh 9E PROPOSED BOUNDARY • �1• •A1 2-8 S 00 it Prepared by Engineering Support Section Z � i i i W � i S ' i i J � C) r 9E PROPERTIES SERVABLE BY CAD SEWER Attachment 1 Page 4 of 10 EXHIBIT 1 RESOLUTION NO. 2002- RESOLUTION OF INTENTION TO CREATE EL PINTADO ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -8 FOR THE PURPOSE OF INSTALLING SEWER IMPROVEMENTS WHEREAS the public health and the environment will be best protected by the expansion of the public sewer system; WHEREAS the construction and installation of a sanitary sewer pipeline, together with appurtenant work and facilities, in areas not presently connected to the sewer system will facilitate the elimination of potential public health problems due to failing septic systems; and WHEREAS it would be convenient and advantageous to establish a boundary around an area within which CCCSD and property owners may enter into contractual assessments and make arrangements to finance public improvements to parcels which are developed and where the costs and time delays involved in creating an assessment district pursuant to alternative provisions in the law would be prohibitively large relative to the cost of the improvement. THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District resolves: 1 . This Board intends to approve the following improvement under the authority of the Municipal Improvement Act of 1911, as amended, to wit: construction and installation of approximately 1,150 linear feet of sanitary sewer line, together with appurtenant work and facilities located on El Pintado Road in Danville, California. 2. This Board finds that the parcels within the Contractual Assessment District are shown within the boundaries of the map entitled, "Proposed Boundaries of El Pintado Road Contractual Assessment District No. 2002 -8." 3. This Board intends to levy a special assessment upon participating parcels within the described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvement. The improvement proposed will not confer any special benefit upon any publicly owned land. Hence, there shall be omitted from special assessment all public streets, alleys, and places and all land belonging to the United States, the State of California, the Town of Danville, and Central Contra Costa Sanitary District now in use in the performance of a public function. 4. CCCSD intends to provide loan financing for the improvements, subject to the availability of funds and any limitation on the commitment or expenditure of funds for the Contractual Assessment District Program as may be established from time to time by CCCSD's Board of Directors. Loans shall be repaid by Page 5 of 10 assessments on the property of participating parcel owners. Assessments shall be paid over a maximum period of ten (10) years with interest at a rate to be fixed by CCCSD. 5. The procedure for the collection of assessments will be the placement of assessments on participating parcel owners' tax bills. The first assessments may be placed on owners' tax bills in fiscal year 2003 -2004. 6. This Board appoints Curtis Swanson, Environmental Services Division Manager, as Engineer of Work for this project to prepare the report required by Section 5898.22 of the Streets and Highways Code. 7. A public hearing shall be held on this matter at 2 p.m. on or about Thursday, December 5, 2002 at CCCSD offices, 5019 Imhoff Place, Martinez. This date is tentative and may be modified in the future. 8. The Board independently finds that this project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3), since it can be "seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." This certainty is based on CCCSD's past experience with numerous sewer construction projects of this nature, the relatively short distance involved, and CCCSD's impact - limiting construction specifications that would be required of the project. PASSED AND ADOPTED this 5th day of September, 2002, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Secretary, Central Contra Costa Sanitary District County of Contra Costa, State of California LEGAL REVIEW: Kenton L. Alm Counsel, Central Contra Costa Sanitary District Page 6 of 10 EXHIBIT 2 RESOLUTION NO. 2002- RESOLUTION'APPROVING BOUNDARY MAP EL PINTADO ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -8 The Board of Directors of the Central Contra Costa Sanitary District ( CCCSD) resolves: A map entitled "Proposed Boundaries of El Pintado Road Contractual Assessment District No. 2002 -8" has been filed with the Secretary of the Central Contra Costa Sanitary District. This Board approves the map and adopts the boundaries shown on the map as describing the extent of the territory included in a proposed assessment district to be known as El Pintado Road Contractual Assessment District No. 2002 -8, Central Contra Costa Sanitary District, County of Contra Costa, California. This Board intends to levy a contractual assessment upon participating parcels within the described District in accordance with the benefit to be received by each parcel of land, respectively, from the improvement. There shall be omitted from assessment, all public streets, alleys, and places and all land belonging to the United States, the State of California, the Town of Danville, and CCCSD because it has been determined that no special benefit will be conferred on any such land within the District. This Board finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code. Page 7 of 10 This Board directs the Secretary of CCCSD to certify the adoption of this resolution on the face of the map and to file a copy of the map with the County Recorder for placement in the Book of Maps of Assessment and Community Facilities Districts. PASSED AND ADOPTED this 5th day of September, 2002 by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Secretary, Central Contra Costa Sanitary District County of Contra Costa, State of California LEGAL REVIEW: Kenton L. Alm Counsel, Central Contra Costa Sanitary District Page 8 of 10 EXHIBIT 3 RESOLUTION NO. 2002- RESOLUTION REQUESTING CONSENT TO CONDUCT ASSESSMENT PROCEEDINGS EL PINTADO ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -8 The Board of Directors of the Central Contra Costa Sanitary District (CCCSD) resolves: On September 5, 2002, the Board adopted a Resolution of Intention, a copy of which is attached hereto, marked Exhibit 1, and by reference incorporated herein as though fully set forth. All of the property proposed to be assessed lies within the County of Contra Costa. All public streets, alleys, places, and all land belonging to the United States, the State of California, the Town of Danville, and CCCSD shall be omitted from assessment because it has been determined that no special benefit will be conferred on any such land within the proposed Assessment District. The Town of Danville will, in the opinion of the Board of Directors of CCCSD, be benefitted by the improvements referred to in the Resolution of Intention, and the purposes sought to be accomplished by the work can best be accomplished by a single, comprehensive scheme of work. The consent of the Town of Danville, through its City Council, is hereby requested to the formation of the Assessment District described in said Resolution of Intention, to the improvement described, and to the assumption of jurisdiction by the CCCSD Board of Page 9 of 10 Directors for all purposes in connection with the formation of this Assessment District, the improvements to be made and the assessment of property within the boundaries of the proposed Assessment District. The Secretary of CCCSD is hereby directed to transmit a certified copy of this resolution with the Resolution of Intention attached and a certified copy of the map showing the boundaries of the Assessment District to the Town of Danville. PASSED AND ADOPTED this 5th day of September, 2002, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Secretary, Central Contra Costa Sanitary District County of Contra Costa, State of California LEGAL REVIEW: Kenton L. Alm Counsel, Central Contra Costa Sanitary District Page 10 of 10 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 5, 2002 No_: 4.d. CONSENT CALENDAR Type of Action: HUMAN RESOURCES Subject: DENY GRIEVANCE BY THE UNION ON BEHALF OF WILSON BROOKS, MAINTENANCE CREW MEMBER I, IN ACCORDANCE WITH THE ARBITRATOR'S RECOMMENDATION Submitted By: Cathryn Freitas, Human Resources Manager Initiating Dept_ /Div.: Administration /Human Resources REVIEWED AND RECOMMENDED FOR BOARD ACTION. R raves General ISSUE: In accordance with the Grievance Procedure in the Memorandum of Understanding (M.O.U.) between the District and the Employees' Association, Public Employees' Union, Local One, the Board of Directors may adopt, reject or modify the recommendation of an appointed neutral third party (arbitrator) in appealed grievance matters. RECOMMENDATION: Deny the grievance in accordance with the arbitrator's recommendation. FINANCIAL IMPACTS: The District will save approximately $3000 by denying the grievance. ALTERNATIVES /CONSIDERATIONS: The Board may choose to reject or modify the arbitrator's recommendation. BACKGROUND: The Union filed a grievance on behalf of Maintenance Crew Member I Wilson Brooks. The Union maintained that the District acted unfairly in not providing light duty work for Mr. Brooks after a non - work - related injury and his subsequent refusal to provide a medical release of records to the District's occupational health physician. The steps of the appeal process were followed in accordance with the applicable M.O.U. The Board authorized the selection of an arbitrator to hear the appeal and make a recommendation. Mr. Gerald McKay, Esq., served as the arbitrator and was mutually selected by the parties. The arbitrator's recommendation has been sent to you under separate cover. Both in writing and in a bench decision at the arbitration, the arbitrator ruled that the 8/29/02 C: \WPDocs \BR00KS.ARBITPPR02.wpd Page 1 of 2 POSITION PAPER Board Meeting Date: September 5, 2002 subject: DENY GRIEVANCE BY THE UNION ON BEHALF OF WILSON BROOKS, MAINTENANCE CREW MEMBER I, IN ACCORDANCE WITH THE ARBITRATOR'S RECOMMENDATION District acted in accordance with the M.O.U. and there was no contract violation to constitute a legitimate grievance. He stated: "He (Brooks) was wrong in part because he believed he had some contractual right to return to the Employer's premises on light duty without cooperating with the Employer's doctor. It is unfortunate that sometimes individuals become blind by their own opinions, even in the face of the facts. Because of the Grievant's misunderstanding and misapprehension of the circumstances and facts, he failed to return to work and earn the money he could have earned had he chosen to cooperate with the Employer. His failure to earn the money that he claims the Employer should pay to him was not the fault of the Employer, but is was the fault of the Grievant. The Employer did not violate any provision of the contract, nor did the Employer impose on the Grievant any conditions with respect to light duty that were unreasonable and invaded his privacy. Because there has been no contractual violation, the Grievant is not entitled to any benefits and the grievance must be denied." The Secretary of the District notified the Union that this issue would be on the Board's September 5, 2002 agenda. The Union representatives have been invited to attend if desired. RECOMMENDED BOARD ACTION: Deny and dismiss the grievance of the Union on behalf of Maintenance Crew Member Wilson Brooks in accordance with the arbitrator's recommendation, as the final action of the District. 8/29/02 C:\WPDocs \BR00KS.ARBITPPR02.wpd Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 5, 2002 No.: 4.e. CONSENT CALENDAR Type of Action: AUTHORIZE MEETING ATTENDANCE Subject. AUTHORIZE THE ATTENDANCE OF TWO COLLECTION SYSTEM OPERATIONS DIVISION EMPLOYEES, MAINTENANCE SUPERVISOR PAUL LOUIS AND MAINTENANCE CREW LEADER DENNIS ALMOND, AT THE CALIFORNIA WATER ENVIRONMENT ASSOCIATION NORTHERN REGIONAL TRAINING CONFERENCE, IN LAKE TAHOE, NEVADA, SEPTEMBER 8 -10, 2002, AT A COST OF $850 EACH Submitted By: Initiating Dept /Div.: John C. Pearl, Collection System Operations /Collection System Operations Operations Division Manager Division REVIEWED AND RECOMMENDED FOR BOARD ACTION. ! / 7. J. PAN J. K Char a . B s. ISSUE: Specific approval by the Board of Directors is required for travel if the cost�exceeds $1,000 and /or is out of state. RECOMMENDATION: Approve the attendance of Collection System Operations Division (CSOD) Maintenance Supervisor Paul Louis and Maintenance Crew Leader Dennis Almond at the California Water Environment Association (CWEA) Northern Regional Training Conference in Lake Tahoe, Nevada, September 8 -10, 2002. FINANCIAL IMPACTS: Funds were budgeted in the Collection System Operations Division Training, Conferences, and Meetings account to cover the cost of two employees' attendance at this conference. ALTERNATIVES /CONSIDERATIONS: The alternatives are to send no one or only one attendee to this year's conference, or to send different attendee(s). BACKGROUND: This year's California Water Environment Association's Northern Regional Training Conference will be held at Lake Tahoe's south shore. CSOD normally has two employees attend the CWEA Northern Regional Conference to stay abreast of other agencies' activities, pending regulations, equipment, and technology. Money was budgeted for this conference but through an oversight was not listed. RECOMMENDED BOARD ACTION: Authorize the attendance of CSOD Maintenance Supervisor Paul Louis and Maintenance Crew Leader Dennis Almond at the CWEA Northern Regional Training Conference, to be held in Lake Tahoe, Nevada, September 8 -10, 2002. 8/28/02 Page 1 of 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 5, 2002 No.: 5.a. HEARINGS Type of Action: Consider Appeal Staff Decision subject: CONDUCT A HEARING TO CONSIDER THE APPEAL OF MR. MOHAMMAD ASLAM OF THE DISTRICT STAFF DECISION TO ISSUE A PERMIT FOR A PUBLIC SEWER MAIN EXTENSION TO SERVE THE PROPERTY AT 25 CRESTVIEW COURT, ORINDA, CALIFORNIA Submitted By: Initiating Dept ✓Div.: Curtis W. Swanson, Division Manager Engineering / Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION. Nv — - (1� L - C. Swanson A. Tarrell General I ISSUE: The District Code provides for an appeal of staff decisions. The Board of Directors shall hold a hearing within 45 days of the date a request for Board consideration of a staff decision is filed. RECOMMENDATION: Conduct a hearing to consider the appeal of the District staff decision to issue a permit for a public sewer main extension for 25 Crestview Court in Orinda. Deny the appeal and direct staff to issue the permit. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: 1. Uphold the appeal and deny the sewer permit. 2. Direct that the permit be issued with conditions that the Board may feel are appropriate based on information provided during the hearing process. BACKGROUND: The owners of 25 Crestview Court in Orinda, Mr. and Mrs. Paul Barrett, desire to extend the public sewer system to serve their property (see attached map). The existing home on their property is currently served by a septic tank system that has failed. The property owners are currently pumping their septic tank system on a weekly basis. The Barrett's obtained the services of Schell and Martin of Lafayette, a local consulting engineering firm, to design extension of public sewer system to serve their property. The proposed sewer main extension would consist of approximately 160 feet of eight inch ductile iron sewer and one standard manhole. The proposed sewer extension would be constructed in easements granted to the District across properties at 16 Crestview Court and 18 Crestview Court. 8/29/02 U: \Position Papers \Bertera \AslarnAppeal.wpd Page 1 of 18 POSITION PAPER Board Meeting Date: September 5, 2002 Subject: CONDUCT A HEARING TO CONSIDER THE APPEAL OF MR. MOHAMMAD ASLAM OF THE DISTRICT STAFF DECISION TO ISSUE A PERMIT FOR A PUBLIC SEWER MAIN EXTENSION TO SERVE THE PROPERTY AT 25 CRESTVIEW COURT, ORINDA, CALIFORNIA The District sewer easement across 18 Crestview Court (Grillo property) is in the same location as a driveway easement that serves 16 Crestview Court ( Aslam property). Mr. Mohammed Aslam, owner of 16 Crestview Court, has been concerned about short term and long term impacts of construction of the sewer main extension on his driveway. Mr. Aslam has requested specific mitigation or restoration measures as well as the use of specific construction techniques to construct this sewer in order to minimize damage to his driveway. As part of the sewer plan review process, District staff directed that the design engineer retain a soils consultant to consider the concerns of Mr. Aslam, consider design and construction alternatives, and make recommendations for construction of the proposed sewer. In addition, the District retained the services of DCM /Joyal, a geotechnical engineering consulting firm, to review the proposed design and soils report. As part of the District review, staff also considered the concerns of Mr. Aslam and reviewed reports provided by his geotechnical engineering consultants. On August 9, 2002, the District staff sent a letter notifying Mr. Aslam of the staff intent to issue a permit to construct a public sanitary sewer main extension to serve 25 Crestview Court (copy attached). This letter stated that the District would approve a sewer main extension to be constructed by open cut construction on the District easement that is shared with Mr. Aslam's driveway easement. The District staff letter also addressed the concerns that had been raised by Mr. Aslam during the sewer design and design review process including use of directional drilling as a construction alternative, impact of the sewer construction on the slope stability of his driveway, restoration of the driveway after construction, and access to Mr. Aslam's home during construction. On August 15, 2002, Mr. Aslam submitted a request for the Board to consider the staff decision of it's intent to issue a sewer construction permit (copy attached). In his letter, Mr. Aslam sites concerns about instability and differential settlement on his driveway and damage to his driveway pavement as a result of the open cut sewer construction. To remedy his concerns, Mr. Aslam requests that directional drilling be used to install the public sewer extension instead of open cut construction. As part of the design and design review process, consultants for Mr. and Mrs. Barrett, consultants for the District, and District staff considered the use of directional drilling to install the public sewer extension. The consultants for Mr. Barrett recommended that 8/29/02 WPosition Papers \Bertera \AslamAppeal.wpd Page 2 of 18 POSITION PAPER Board Meeting Date: September 5, 2002 subject: CONDUCT A HEARING TO CONSIDER THE APPEAL OF MR. MOHAMMAD ASLAM OF THE DISTRICT STAFF DECISION TO ISSUE A PERMIT FOR A PUBLIC SEWER MAIN EXTENSION TO SERVE THE PROPERTY AT 25 CRESTVIEW COURT, ORINDA, CALIFORNIA directional drilling not be used to install the sewer because of the possibility of ground water movement along the annular space between the outside edge of the sewer and the directionally drilled insertion hole. The use of a bentonite slurry to fill the annular space was investigated. It was determined that due to the presence of fractured rock in the area of the driveway, filling of the annular space could not be assured. Furthermore, possible filling of the cracks in the fractured rocks with bentonite slurry could alter drainage patterns in the area. Also, the use of directional drilling to install the sewer does not negate the necessity to excavate insertion and receiving pits /trenches in Mr. Aslam's driveway. The District also received a letter dated August 12, 2002, from Mr. David Carter, who resides at 23 Crestview Court next to Mr. and Mrs. Barrett (attached). Effluent from the Barrett's failing septic tank has seeped onto the Carter property over the past several months. Mr. Carter urges the District to act promptly to resolve the public health problem related to the Barrett's failing septic tank. RECOMMENDED BOARD ACTION: Conduct a public hearing to consider the appeal of Mr. Aslam regarding the District staff decision to issue a sewer permit for extension of the public sewer to serve 25 Crestview Court in Orinda. Deny the appeal and direct staff to issue a sewer construction permit. 8/29/02 WPosition Papers \Bertera \AslamAppeal.wpd Page 3 of 18 Paae 4a of 18 �.. ri &U _. &.,- %01 MAF (BARRETWOB 5502) . � '� Central Contra Costa Sanitary District do 41, 019JtYthoffPlaoeiVlartinez +ta945 92 2M -9500 • www.centralsan.org 1 August 9, 2002 Mr. Mohammad Aslam 16 Crestview Court Orinda, CA 94563 Dear Mr. Aslam: FAX: (925) 228 -4624 C 4R1.FFW R.47Tc General Manager KENTON L AL M Counsel for the District (923) 938.1430 JOYCE E. MURPHY Secretary of the District NOTICE OF FINAL CCCSD STAFF DETERMINATIONS REGARDING THE PROPOSED PUBLIC SANITARY SEWER - CRESTVIEW COURT, ORINDA (JOB 5503; CCCSD GRID LOCATION 7363) AND INTENT TO ISSUE A PERMIT TO CONSTRUCT The Central Contra Costa Sanitary District ( CCCSD) intends to issue a permit to construct a public sanitary main sewer extension within easements on your property and on the property of your neighbors at 18 Crestview Court (the Grillos) to the cul -de -sac at the end of Crestview Court (Job 5503). These easements grant the District rights to construct, alter, operate, maintain and repair sewers within the easements. The District's easement over the Grillo's property is shared on a non - exclusive basis with your driveway easement. This letter presents the District staff's determinations regarding the issues about the project raised in your June 20 and July 16, 2002 letters. First, thank you for providing us with the "Preliminary Report of Geotechnical Engineering Inspections (Draft Copy)" by Aldine /Globe Soil Engineers dated July 12, 2002 and the "Report of Geotechnical Engineering Inspections" by Globe Soil Engineers dated April 28, 1999 which were transmitted with your July 16, 2002 letter. You previously sent a letter (dated June 20, 2002) that discussed your concerns regarding your neighbor's (the Barrett's) proposal to construct a public sanitary sewer extension from an existing manhole on your property along your driveway to the end of Crestview Court. The proposed sewer is needed to abate the potential public health and environmental hazards of the failing septic tank /leachfield system serving the Barrett's property at 25 Crestview Court and to serve several other properties on Crestview Court via subsequent extension of the public sewer main in the future. On August 5, 2002, you were sent copies of the "Geotechnical Evaluation" by Jensen -Van Lienden Associates, Inc. (the Barrett's geotechnical engineer) dated June 14, 2002 and the "Geotechnical Engineering Review" by DCM /Joyal Engineering (CCCSD's geotechnical engineering consultant) dated July 30, 2002. Enclosed with this letter is a copy of the U:\ Admin \Miyamoto - Mills \Aslamltr.wpd Page 5 of 18 ® Recycled Paper Mr. Mohammad Aslam August 9, 2002 Page 2 "Supplemental Geotechnical Report" by Jensen -Van Lienden Associates, Inc. dated August 1, 2002. Both Jensen -Van Lienden and DCM /Joyal considered the information provided in your letters and the 1999 and 2002 reports from Globe Soil Engineers when evaluating the project and developing recommendations. Further, on July 31, 2002, geotechnical engineers from both firms met on the site with directional drilling contractors to discuss the alternatives for successful construction of the proposed sewer. The District's determinations regarding the issues raised in your June 20 and July 16, 2002 letters are discussed below: 4 Renovation of Septic Tank /Leachfield as an Alternative to the Proposed Sewer - CCCSD is not responsible for regulation of septic tanks or leachfields. Contra Costa County Environmental Health Department has that responsibility. Even if renovation of the septic tank /leachfield at 25 Crestview Court is feasible, however, it would not address the eventual need for extension of the public sewer in the proposed alignment to serve other homes on Crestview Court. 4 Directional Drilling as an Alternative to Open -Cut Trenching - After conferring with two competent directional drilling contractors, Jensen -Van Lienden Associates concluded that open -cut trench construction using Controlled Low Strength Material (CLSM) for backfill would be substantially less likely to convey subsurface water along the sewer pipeline than installation by directional drilling. Their conclusion is based on the fact that a directionally drilled hole must exceed the outside diameter of the pipe to allow for successful insertion. Normally, a slurry of bentonite clay may be used to seal the annular space between the pipe and the hole. Because of the fractured nature of the underlying bedrock in this case, however, obtaining an adequate sealing of the annular space is problematic at best. The CLSM backfill is impermeable, so it would not provide a conduit for subsurface water along the trench line. Open -cut construction will also eliminate the need for large insertion and retrieval pits. DCM /Joyal Engineering (CCCSD's geotechnical engineering consultant) concurs with this conclusion. 4 Impact of Sewer Construction on Slope Stability - Jensen -Van Lienden Associates has concluded that constructing the sewer as shallow as possible, as close to the east side of the driveway as is practicable given the location of the utility joint trench and using CLSM backfill will not reduce the stability of the slope. The design is being revised to locate the sanitary sewer centerline at a maximum of five (5) feet from the joint trench centerline and to provide for a minimum pipe cover of two (2) feet. Trench excavation will be observed by the geotechnical engineer and U: \Admin \Miyamoto- Mills \Aslamltr.wpd Page 6 of 18 Mr. Mohammad Aslam August 9, 2002 Page 3 the CCCSD Inspector. DCM /Joyal Engineering (CCCSD's geotechnical engineering consultant) concurs with this approach. ♦ Access to Your Home During Construction - We realize that the sewer construction will inconvenience you and your family. To reasonably mitigate the inconvenience, the contractor will be required to limit work on the driveway to the hours 8:30 am to 4:30 pm. The contractor will be required to maintain sufficient non -skid steel trench plate on site and to conduct the work in a manner that will allow covering the trench and clearing the driveway quickly in the event that emergency access is needed. Further, the contractor will be required to provide intermittent access or egress for your family with a minimum 30 minute notice by phone up to three times each work day, if needed. Please note that the duration of the work in the driveway will be impacted by limitations on working hours and the extent that you use the intermittent access /egress allowance. ♦ Protection /Restoration of Existing Improvements /Driveway Paving - The contractor will be required to protect existing improvements on your property and along the easement to the extent possible. Any improvement damaged or removed during the work will be replaced or restored to a condition substantially equal to or better than their pre- construction condition. In particular, this protection /restoration requirement applies to the asphalt concrete driveway paving. The normal process for open -cut construction is as follows: the pavement is first saw -cut to trench width; the trench is excavated; the sewer pipeline is installed; -the trench is backfilled with CLSM to the bottom of the existing subbase (or eight (8) inches below the pavement surface, whichever is greater); after the CLSM cures, a minimum of six (6) inches of aggregate subbase is placed and compacted to 95% relative compaction; the pavement is cut back an additional six (6) inches on each side of the trench to create a "T- section "; adhesive oil is applied to the saw -cut edges; a minimum of two (2) inches of new asphalt concrete is graded and compacted over the trench and the T- section. If proper materials are used and adequate compaction is achieved, the new asphalt concrete will be strongly bound to the old. The use of CLSM backfill, which is essentially incompressible, will ensure that there is no trench settlement. The project owner and contractor are required to provide a one -year warranty for all work including paving. U:\ Admin \Miyamoto- Mills \Aslamltr.wpd Page 7 of 18 Mr. Mohammad Aslam August 9, 2002 Page 4 It is possible, as you have pointed out, that pavement beyond the trench and T- section will be damaged during construction. CCCSD requires a 100% Project Security to ensure that any such pavement damage be properly restored prior to acceptance of the work. It is possible that a full width overlay may be required depending on the extent of pavement damage. ♦ Discontinuity at Trench Key Pavement /Need for Reinforcement - As stated above, use of proper materials and adequate compaction will provide a strong bond between the new and old asphalt concrete, and the incompressible CLSM backfill will limit trench settlement. ♦ Future Maintenance of Driveway - Once the driveway has been restored and the warranty period has expired, maintenance will be your responsibility. ♦ Cul -de -sac Paving /Sealing - Construction of the manhole and stub -out for future extension of sewer in Crestview Court will require paving a portion of the cul -de- sac with a minimum of two (2) inches of asphalt concrete over six (6) inches of aggregate subbase. Use of CLSM backfill will prevent subsurface water from traveling along the sewer trench. ♦ Need for a Retaining Wall - As discussed above, installation of the sewer will not reduce the stability of the slope. A retaining wall is not needed as a consequence of the new sewer. ♦ Special Design Considerations in the Area of the Existing Manhole - The project plans are being revised to replace the previously proposed new manhole at the bottom of the driveway near the existing manhole with a segmented curve made up of straight sections of ductile iron pipe and 11.25 degree fittings. This will simplify and shorten the duration of the work in this area. The contractor will be required to exercise particular care working in this area to protect existing improvements and utilities. ♦ Safety Concerns - The contractor will be required to protect your property and conduct the work safely. ♦ Housekeeping - The contractor will be required to cleanup the jobsite, and sweep and secure trench plate on the driveway at the end of every workday to provide for safe driveable access /egress during non -work hours. Page 8 of 18 U: \Admin \Miyamoto- Mills \Aslamltr.wpd Mr. Mohammad Aslam August 9, 2002 Page 5 When the final plans are complete, we will send a copy to you. A pre- construction meeting will be held with the contractor to discuss the work and to emphasize the importance of compliance with the District's Code, Standard Specifications and requirements including all of the issues cited in this letter. We will notify you when the meeting has been scheduled. You are welcome to attend the meeting or we will schedule a separate meeting at your request. I trust that you will find that the District has adequately addressed your concerns about the Barrett's project. However, Chapter 1.16 of the CCCSD Code allows any person aggrieved by a final staff decision to request the District Board of Directors to consider the staff decision. You have ten (10) days from receipt of this letter to request an appeal hearing. A copy of the code provisions is enclosed. If you have any questions or want to meet to further discuss the project, please call me at (925) 229 -7336, Jarred Miyamoto -Mills at (925) 229 -7335, or Jack Case at (925) 229 -7364. Sincerely, Curtis W. Swanson Manager - Environmental Services Division CWS /JM2:jb Enclosures cc: Mr. Paul Barrett 47 Winston Hill Road Fort Thomas, KY 41075 Mr. Howard Martin Schell & Martin 3377 Mt. Diablo Blvd. Lafayette, CA 94542 Mr. Dave Mathy DCM /Joyal Engineering 484 N. Wiget Lane Walnut Creek, CA 94598 Mr. Geoffrey Van Lienden Jensen -Van Lienden Associates, Inc. 1840 -C Alcatraz Avenue Berkeley, CA 94703 Mr. Ronald D. Williamson Parker- Stanbury LLP 444 South Flower Street, 19th Floor Los Angeles, CA 90071 -2901 U: \Admin \Miyamoto - Mills \Aslamltr.wpd Page 9 of 18 • • XG.E5(:P-r 1�020m G��Sp LdoG_ Chapter 1.16 1.16.005 -- 1.16.015 BOARD CONSIDERATION OF STAFF DECISIONS Se tions . 1.16.005 Final decision by staff. 1.16.010 Request for Board consideration of staff decision. 1.16.015 Request for Board consideration does not stay staff decision. 1.16.020 Procedure for taking appeal or requesting Board consideration of staff decision. 1.16.030 Requests for Board consideration and hearing. 1.16.040 Board determination final. 1 16 005 Final decision by staff. Staff must render a final decision relative to a matter before a person who may be aggrieved by such decision can request consideration of such decision by the District Board. A person may ob- tain a final decision by staff relative to an a matter by requesting in writing such decision, directing the request to the staff member with whom the person has primarily communicated relative to the matter subject to the deci- sion, or to the General Manager -Chief Engineer. Staff must render a final written decision within forty -five days of the District's receipt of the request for a final decision. If no final decision is rendered within such time, the person may request the District Board to consider such matter pursuant to this chapter. (Ord. 198 §1(Exh. A(part)), 1996) 1.16.010 Re est for Board consideration of staff decision. A person aggrieved by a final decision of an officer or employee of the District under this code may request consideration of such decision by the Board of Directors. (Ord. 198 §1(Exh. A(part)), 1996) 1.16.015 Re est for Board consideration does not stay staff decision. A request for Board consideration of a final decision of any officer or employee of the District does not prevent the District from acting, refusing to act, or continuing to act relative to the decision which is complained of in the request for Board consideration and does not prevent the District from pursuing any enforcement procedure, penalty or remedy which may be available to the District as a result of any violation of this code, the terms of any District permit, the requirements of the Dis- trict Standard Specifications, or other rule, order, or 15 -2 (Contra Costa 8/96) Page 10 of 18 1.16.020 -- 1.16.030 • regulation of the District. (Ord. 198 §1(Exh. A(part)), 1996) 1 16 020 Procedure for taking appeal or requesting Board consideration of staff decision. Wherever this code provides that an action, deC, s? on or order r.e a„Y °a -' e --1 1 I- or consideration by the District Board of such action, decision or order may be sought, and the procedure for such appeal or consideration is not specifically provided for, the person appealing or seeking consideration shall file a written notice of appeal or request for Board consideration of staff decision with the Secretary of the District within ten days of receiving notice of a violation, decision or order. The provisions of this chapter shall govern such appeal or Board consideration. The provisions of this chapter shall not, however, govern appeals for which a specific appeal procedure is provided, including but not limited to, those which may be contained in a memorandum of understanding between the District and a certified employee organization. (Ord. 198 §1(Exh. A(part)), 1996) 1.16.030 Reauests for Board consideration and hear- ing. Upon receiving a request for Board consideration of a staff decision, the Secretary shall set the matter for hearing at a regular meeting of the Board of Directors and shall give the person requesting Board consideration writ- ten notice of the time and place of hearing at least ten days before the hearing. The Board of Directors shall hold the hearing within forty -five days of the date of the re- quest for Board consideration is filed. This time may be extended by agreement. Each affected party will be given an opportunity to make an oral and /or documentary presenta- tion at the hearing. Ordinarily no verbatim recording or stenographically recorded transcript of the hearing will be provided by the District. The only official records kept as a matter of course by the District of a hearing on Board consideration of a staff decision will be the minutes taken by the Secretary of the District and such documents as may be submitted to the Board at or prior to the hearing by the District staff, Board members, affected parties or their representatives, or other members of the general public. Any plans or documentation of more than two pages in length which the Board is asked to consider at the hearing must be submitted to the Secretary of the District at least four working days prior to the hearing. No language in this provision may be construed as allowing the stay of any action, decision or order for which Board consideration is sought during the period a request for consideration is pending, unless upon showing of good cause, the Board pres- ident or a duly designated Board Hearing Officer grants such a stay. (Ord. 198 §1(Exh. A(part)), 1996) • 15 -3 (Contra Costa 8/96) Page 11 of 18 rN 1.16.040 -- 1.24.010 1.16.040 Board determination final. Any and all determinations of the Board arising from a request for Bcard consideration of a staff decision are final and con- clusive. (Ord. 198 §1(Exh. A(part)), 1996) Page 12 of 18 Jensen —Vdn L.ienden /,6\ssoc!ates, Inc II GEOTECHNICAL ENGINEERING CONSULTANTS ; LQ1------ ---- -- I V AUG 5 2002 1 l Curtis N. Jensen I t CCCSG Geof rey Van ben6en August 1, 2002 ENVIRONMENTAL SEFVICES Job No. M161AA Paul Barrett 47 Winston Hill Road Thomas, Kentucky 41075 Re: Supplemental Geotechnical Report Proposed New Sewer 25 Crestview Court — Orinda, CA As authorized, we have reviewed a number of reports and letters that have been prepared in connection with the proposed new sewer. These include two letters prepared by your neighbor Mohammad Aslam addressed to Central Sanitary District, letters by Aldine /Globe Soil Engineers dated July 12, 2002 and April 28, 1999, and a letter by DCM/Joyal Engineering dated July 30, 2002. We have also discussed the project with David Mathey and Dru Nielson of DCM/Joyal Engineering. The various letters reflect concerns about a number of issues. These include concerns about settlement of the trench backfill, concern that the trench will weaken what is described as a poorly compacted fill on the downslope side of the driveway, concern that the proposed sewer trench will act as a conduit for water, and general concerns about the project. Various alternative sewer installation methods are discussed. These include 1) the currently proposed method, 2) an installation that would involve horizontal directional drilling, and 3) constructing the sewer using the presently planned trenching method but using alternative backfill materials and possibly revising or shifting the alignment and depth. After reviewing all of the information, it is our opinion that the best method of constructing the sewer would be to install the sewer pipe in a trench and to backfill the trench with Controlled Low Strength Material (CLSM). CLSM backfill has several advantages. It is essentially incompressible (the trench will not settle), it is strong enough that it will improve and not reduce the stability of the slope, and is essentially impermeable so that it will not provide a conduit for water along the trench alignment. Another advantage is that no compaction testing would be required. We concur with the other engineering consultants that the alignment should be located as far toward the inboard side of the driveway as possible (without affecting or damaging existing utilities on the inboard side of the road). The trench should also be constructed at as shallow a depth as possible. The extent to which the existing alignment and depth can be further modified (if possible at all) would have to be addressed by the project civil engineer. Page 13 of 18 ,cenr ._.._- a...,,.... (-.:io,rni� QG %n- Phone: 1,510) 658 -9111 FAX: (510) 658 -8918 Paul Barrett August 1, 2002 Page 2 The excavation of the sewer trench should be done under the direct observation of the geotechnical engineer. This will enable us to evaluate the specific soil and rock conditions within the trench and to make supplemental recommendations if anomalies are observed. Supplemental recommendations wo;ac not i�ic;u%de subdrains to drain the trench if seepages are encountered as this is prohibited by the District's Standard Specifications. Upon completion and backfilling of the trench, the pavement should be repaired as directed by the project civil engineer. Aldine -Globe Soil Engineering has stated that there is poorly compacted fill under the downslope edge of the pavement and that there have been some historical problems with cracking of the roadway surface (some of which they attribute. to a leaking East Bay mud water pipe in the area of the cul -de -sac). The new trench and sewer, if backfilled with CLSM, will have no effect on the future performance of the driveway. If the outside edge of the driveway has been built with poorly compacted fill, settlement and cracking of the pavement on the downslope side of the outside edge of the driveway should be expected. This would occur whether or not a new sewer is built. Some of the consultants have suggested that the sewer be installed by a method known as horizontal directional drilling (HDD). This method has been successfully used for sewer pipe installation in other parts of Contra Costa County. This method has the obvious advantage in that no trench is required, therefore there would be no disturbance to the pavement or the subgrade. A disadvantage to this approach would be that the sewer pipe would necessarily have a smaller diameter than the drilled hole. The annular space between the pipe and the drilled hole could become a conduit by which water could be transported to the downslope manhole. Construction techniques can be used to backfill this annular space with an impervious material (such as a bentonite slurry) but there would be no guarantee that the filling of the annular space would completely successful. Another obvious disadvantage to this method is that very hard bedrock could prevent successful completion of the installation. In our opinion, a sewer installed in a trench backfilled with CLSM is a preferred alternative. Please advise us if we can be of further assistance. Very truly yours, JENSEN -VAN LIENDEN ASSOCIATES, INC. Geoffrey ((Van Lienden G.E. #/ 853 cc: Schell and Martin Page 14 of 18 Jensen - Vdn benden f\ssocidtes, Inc. GEOTECHNICAL ENGINEERING CONSULTANTS Mohammad Aslam 16 rest View Court Orinda CA 94563 Aug. 15, 2002 Joyce E. Murphy Secretary of the District Central Contra Costa Sanitary District 5019 Imhoff Place, Martinez CA 94553 Subject: Proposed Sewer at 16 Crest View Court, Orinda CA, by Mr. Paul Barrett Dear Ms. Murphy I hereby request for Board consideration of staff decision for its intention to grant a permit to Mr. Barrett for sewer construction at 16 Crest View court in Orinda. I request that this item be put on the board's agenda in the meeting to be held on September 50' 2002. If the sewer is constructed without the technical issues resolved in view of a soil reports submitted by me, this sewer construction will result in an instability and differential settlement on my driveway and may cause court litigation in future. At this point if there is any settlement in my driveway, it is happening in a uniform manner which is acceptable. As a result of the trench, the settlement characteristics of the existing and the backfill material will be different and the differential settlements will occur. This problem does not exist in directional drilling. 1 am also consulting a second soil engineer and both of them strongly disagree with Jensen -Van Linden Associates' opinion. An open cut and back filling will result in differential settlements along any transverse section and will eventually cause a failure of my driveway on a steep slope no matter how the open.trench is filled back. This driveway will require a constant maintenance. I have consulted with a seepage expert who disagrees with Jensen -Van Linden's statement in Staff s letter that " because of the fractured nature of the rock, obtaining an adequate sealing of the annular space is problematic ". Directional drilling is quite common now and is widely accepted. Another strong point of contention is an overlay of the driveway which will be needed as a result of anticipated damage to the pavement due to vibrations from heavy equipment and the presence of open trench. In view of my soil's report from Globe Engineering, the district should make it mandatory for Mr. Barrett to overlay the pavement and take other measures as recommended in Globe Engineering report if open trench is used instead of directional drilling. Page 15 of 18 2 For the reasons stated above, I request the board to take appropriate action to avoid future problems and directional drilling be used in which case the future problems and the district's exposure will be minimized. Sincerely '/94mwy4z/� Mohammad Aslam, Ph.D, P.E. S.E. CC: Mr. Paul Barrett, 47 Winston Hill Road, KY 41075 Mr. Howard Martin, Schell and Martin, 3377 Mount Diablo Blvd. Lafayette, CA 94549 Mr. Dave Mathy, DCM/Joyal Engineering 484 N. Wiget Lane, Walnut Creek, CA 94598 Mr. Jeotirey Van Lienden, 1840 -C Alcatraz Ave., Berkeley, CA 94703 Mr. Ron Williamson,Parker Stanburry, 444 S. Flower St. 19'" fl. Los Angles CA 90071 Page 16 of 18 1 August 12, 2002 Central Sanitation Board of Directors Mario M. Menesini, President James A Nejedly, President Pro Tern Parke L. Boneysteele Barbara D. Hockett Gerald R Lucey General Manager Charles Batts District Counsel Kenton L. Alm Secretary of the District Joyce Murpli Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 RE: Job 5503 — Crestview Court To all parties addressed above, rus�E0VV'Lry AUG 14 2002 cccbU MARY OF THE DISTRIG? My name is David Carter, and I am the owner of the property at 23 Crest View Court. My family is also the party who are being adversely affected by the fact that a permit has not been issued to lay the appropriate line to connect 25 Crest View Court to the sewer system and resolve the failed septic system issue. Imagine living with a stream of effluence running across your driveway, in the common area in front of the garage... a contaminated location where you have to constantly remind your kids to not step in or play around for health reasons. Imagine the stench that rises throughout the day. Imagine that was your house, and imagine that it has been an issue for 6 months (reported), and longer (thought it was winter weather runoff). In March, we had an engineer from Central San come out and test the runoff. He told me it would take about 20 minutes for the test to run its course. Within 5 minutes, he indicated that it was indeed a crappy situation (my words, not his) and that it was at 3 times the level that would be indicative of unsafe. The owners of 25 Crest View Court has tried to mitigate the situation by having the failed septic tank pumped regularly, and having the tenants try to minimize their use of the waste system (...try that with multiple teenagers in the house), but it is the fact that a permit for the needed work has not been issued that needs to be resolved. It appears that the district is cowering to the ranting of one man, regardless of the appropriate Page 17 of 18 engineering reports and easements. We have put up with this public health issue for at least 6 months now. My patience is at its end. This matter needs to be closed, and a permit needs to be issued for some very simple reasons: 1) This is a public health issue, and the non - issuance of a permit is at odds with rectifying the situation. Everyone has been concerned about Mr. Aslam... What about The Carter's? We are the most seriously impacted of all the parties from a health perspective. The Barretts and the Hopkins are also adversely impacted, both financially and in lifestyle. 2) An easement exists to compete the work, and attempts to work through, with or around that are irrelevant... the rights exist to place the line across the various properties, in a prescribed manner. 3) Engineering reports support that there are minimal issues with the work to be done, and Mr. Aslam's concerns have been appropriately addressed. There is no reason that a permit should not be issued. Mr. Aslam's attempts to stall the work are petty and ridiculous. This is a pattern of behavior from this man as evidenced with interactions he has had with the Bledsoe's (11 Crest View Court) and EBMUD. Without trying to sound to harsh, I believe that it is in Central San's best interest to approve this permit and to not allow this to escalate into a legal matter. I look for your support and leadership to get this permit issued and the health hazard handled. Please don't hesitate to contact me if you have any questions or comments. I can be contacted by any of the methods below. Respect , D d I Carter 23 Crest View Ct. Orinda, CA 94563 (H) 925- 258 -8950 (M) 925- 209 -3283 djcarter@attbi.com Page 18 of 18 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 5, 2002 No.: 7.a. BIDS AND AWARDS Type of Action: APPROVE CONTRACT Subject: APPROVE CONTRACT FOR HOUSEHOLD HAZARDOUS WASTE SERVICES PROVIDED BY PHILIP TRANSPORTATION & REMEDIATION, INC. Submitted By: Elaine Jacobs Initiating Dept.lDiv.: Engineering fREVIEWED AND RECOMMENDED FOR BOARD ACTION: (� E. Jacobs C. Swanson A. a rell y graves Charles W. Batts General Manage ISSUE: The Board of Directors' approval is required for the General Manager to execute professional service contracts for amounts greater than $50,000. RECOMMENDATION: Approve a three -year service contract, with a one -year option to extend the contract, with Philip Transportation & Remediation, Inc. FINANCIAL IMPACTS: The estimated cost of services to be provided for the three years of service, excluding the extension period, is $1,480,000. Staff estimates that District costs for hazardous waste disposal and temporary staffing will be reduced by approximately $200,000 per year under the proposed contract compared to the existing contract. ALTERNATIVES /CONSIDERATIONS: Philip Transportation & Remediation's (PTR's) estimated cost assumes a volume discount of approximately $18,000 will be realized (see the attached cost comparison). ROMIC is the lowest responsible proposer if PTR's volume discount is not taken into consideration. An alternative would be to request a comparable volume discount and negotiate a contract with ROMIC. BACKGROUND: PTR has provided the following household hazardous waste (HHW) services for the District since the HHW collection facility opened in October, 1997: HHW transportation and disposal Three annul temporary HHW collection events Supplemental labor support PTR's three year contract and two year extension will expire on September 22, 2002. It is essential to continue these services to support the District's commitment to collect HHW from residents and qualifying small businesses throughout central Contra Costa County. Staff solicited competitive proposals to establish a new contract effective September 23, 2002. Requests for proposals were sent to sixteen vendors. Staff received six proposals, which ranked as shown on the attached cost comparison. Staff deemed two of the six vendors, 8/28/02 H: \HHW CONTRACT(02 -03) \position paper.wpd Page 1 of 4 POSITION PAPER Board Meeting Date: September 5, 2002 subject: APPROVE CONTRACT FOR HOUSEHOLD HAZARDOUS WASTE SERVICES PROVIDED BY PHILIP TRANSPORTATION & REMEDIATION, INC. Pollution Control Industries and ONYX, non - responsive due to inadequate technical proposals and non - competitive costs. One element of particular interest in the request for proposals to minimize the cost of service was the concept of a volume discount. PTR was the only vendor that effectively addressed volume discounts. Further, PTR's performance over the course of the current contract has been satisfactory. As the Board HHW Commitee directed, staff negotiated a contract with PTR with a term of three years and an option to extend the contract for one year. Staff will meet with the Board HHW Committee early in the third year of the contract to decide whether to exercise the option for a one year extension or solicit new proposals. RECOMMENDED BOARD ACTION: Approve a HHW service agreement with Philip Transportation & Remediation, Inc., effective September, 2002 through September, 2005, with an option to extend the contract for one year to September, 2006. 8/28/02 H: \HHW CONTRACT(02 -03) \position paper.wpd Page 2 of 4 SUMMARY OF 2002 RFP PROCESS FOR HHW SERVICES The list of vendors that received a request for proposals is attached. The vendors that submitted a proposal for HHW services are listed in the chart below, in order from the lowest to highest proposed cost of service. PTR's cost of service during 2001/02 was $677,370, compared to its proposed annual cost of $493,088, representing a 27 percent reduction in cost. VENDORS' PROPOSED COST FOR HHW SERVICES FROM 2002 TO 2005: 1. PTR's $18,009 volume discount breakdown: $1,671= 2.5% discount for receipts exceeding $500 k, assuming the disposal cost increases 20 %. $5,668 =1% discount for paying invoices within 15 days of submittal. $1000= value of PSC's free training. $9,670= avoided cost of drums for latex bulking -PSC will return latex bulk drums. An additional $15,000 cost savings can be realized if we implement the proposed oil based paint tote program. 2. PTR's total cost, not including the volume discount is $511,097. VENDORS' PROPOSAL RANKING: CONTRACTOR TECHNICAL MERIT SCORE 100 points COST SCORE (see attached comparison) 120 points TOTAL SCORE PTR 88 COMPANY TRANS. LABOR THREE VOL. TOTAL Safety -Kleen AND 80 EVENTS DISCOUNT COST 60 DISPOSAL PCI 62 40 102 PTR $278,713 $104,992 $127,392 $18,009(l) $493,088 (2) ROMIC $284,120 $119,960 $100,746 0 $504,826 Safety -Kleen $319,533 $149,413 $142,473 0 $611,419 MSE $454,350 $119,960 $157,617 0 $731,927 Environmental Pollution Control $551,919 $113,419 $160,326 0 $825,664 Industries (PCI) ONYX $612,160 $131,233 1 $169,596 0 $912,989 1. PTR's $18,009 volume discount breakdown: $1,671= 2.5% discount for receipts exceeding $500 k, assuming the disposal cost increases 20 %. $5,668 =1% discount for paying invoices within 15 days of submittal. $1000= value of PSC's free training. $9,670= avoided cost of drums for latex bulking -PSC will return latex bulk drums. An additional $15,000 cost savings can be realized if we implement the proposed oil based paint tote program. 2. PTR's total cost, not including the volume discount is $511,097. VENDORS' PROPOSAL RANKING: CONTRACTOR TECHNICAL MERIT SCORE 100 points COST SCORE (see attached comparison) 120 points TOTAL SCORE PTR 88 120 208 ( *) ROMIC 62 100 162 Safety -Kleen 77 80 157 MSE 92 60 152 PCI 62 40 102 ONYX 36 20 56 ( *) Including the volume discount. Page 3 of 4 LIGIIIG VGVVUJ - LIGIIIGJLIJL npu Nage 1 `? HHW SERVICES RFP CONTRACTOR'S LIST Revised June 12, 2002 A/C INDUSTRIAL SERVICES CORP 1 1 1 1 Marauder Street Chico, CA 95973 (530) 343 -5488 Malcolm Maxwell - Technical Manager ALL TECHNICAL SERVICES 10841 Noel St., Ste. 110 Los Alamitos, CA 90720 Phone: (714) 226 -0520 Fax (714) 226 -0522 Gene Raltz raltzq @hotmail.com ASHLAND Environmental Services 345 Lopez Lane Tracy, CA 95376 (209) 833 -7225 Steve Eelma - Account Manager soeelma @ashland.com CLEAN HARBORS 2750 Oregon Court, Unit M7 Torrance, CA 90503 (800) 282 -0058 Howard Ray - Sales Manager CONSOLIDATED WASTE 10680 Silicon Ave Monclair, CA 91763 Phone: (909) 625 -6645 Fax: 482 -2273 Shannon Griego shannon @consolidatedwaste.com ECOLOGY CONTROL INDUSTRIES 255 Parr Blvd. Richmond, CA 94801 Neil Grindheim ENVIROSOLVE L.L.C. 28215 Agoura Rd., Ste. 200 Agoura Hills, CA 91301 -2483 (818) 889 -0090 John Batchelder FILTER RECYCLING P.O. Box 449 U: \Admili \Swanson \HF I1-V \EI aine'sList.wpd Colton, CA 93424 (800) 698 -4377 Marina Sealie - Technical Support M.S. ENVIRONMENTAL SOLUTIONS INC. 2190 Meridian Park Blvd., Ste #E Concord, CA 94520 Ann Nicholson MSE ENVIRONMENTAL 880 West Verdulera Street Camarillo, CA 93010 (800) 350 -0217 Diane Christensen (805) 987 -0217 NORTH STATE ENVIRONMENTAL 2776 S. Lilac Ave. Bloomington, CA 92316 (909) 875 -9288 Michael MacPherson - Sales Manager ONYX ENVIRONMENTAL 4227 Technology Drive Fremont, CA 94538 (925) 437 -6166 Rodney Darland - Account Manager PHILLIP SERVICES CORPORATION 3909 Park Road, Suite D Benicia, CA 94510 (800) 947 -7701 KevinCarnahan - Director of Operations kevin @contactpsc.com (909) POLLUTION CONTROL INDUSTRIES 11855 White Rock Road Rancho Cordova, CA 94572 (866) 724 -2272 Marc Weinkle, Director of Technical services ROMIC ENVIRONMENTAL TECHNOLOGIES CORP. 2081 Bay Road East Palo Alto, CA 94303 (650) 462 -2324 Susan Rigmaiden - Technical Sales Mgr. SAFETY KLEEN 3201 Evergreen Ave., Ste. 360 West Sacramento, CA 95691 (916)375 -0355 Page 5 of 5 9 r HHWCF Services Contract Procurement Process • Identify potential contractors • Prepare requests for proposal (RFP) • Walk through HHWCF • Receive and evaluate proposals • Interview top 4 contractors • Select contractor • Review with Board HHW Committee • Negotiate contract • Board approval HHWCF Services Contract Procurement Process • 6 proposals received • Cost range: $493,000 to $913,000 • Evaluated on technical factors & costs HHWCF Services Contract • Contractor - Philip Transportation & Remediation, Inc. • Scope of contract: 1. HHW transportation & disposal 2. Three mobile collection events 3. Temporary labor support • 3 -year term of contract with 1 -year extension • Estimated cost of services is $1,480,000 for 3 -year term • $ 200,000 per year savings over previous agreement Central Contra Costa Sanitary District ML BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 5, 2002 No.: 9.a. ENGINEERING Type of Action: AUTHORIZE AGREEMENT subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A REVISION TO THE CONSULTING SERVICES AGREEMENT WITH BRIAN KANGAS FOULK FOR SURVEY SERVICES Submitted By: Initiating Dept. /Div.: Elizabeth Charlton, Land Surveyor Engineering, Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: E. Charlton W. Brennan r ISSUE: Authorization of the Board of Directors is required for the General Manager to execute revisions to professional services agreements when the amount of the revision is greater than fifteen percent of the original value of the contract. RECOMMENDATION: Authorize the General Manager to execute a revision to the professional service agreement with Brian Kangas Foulk (BKF) for additional survey support services. FINANCIAL IMPACTS: The cost of the additional survey support services provided for District projects by BKF is $21,500. ALTERNATIVES /CONSIDERATIONS: BKF was authorized by staff to perform the required work and should be compensated. The Board could choose not to pay BKF. BACKGROUND: On November, 16, 2000, after solicitation of proposals, the Board authorized an agreement with BKF to provide survey support services with a budget of $100,000 for a number of separate upcoming projects. This contract service was to be utilized when the ongoing work exceeded the capacity of the District's Survey Section. This professional services agreement was an alternative to preparing a number of small individual contracts for various ongoing District projects. The agreement for survey support services was later revised on March 19, 2002, in the amount of $10,000, for a total budget of $110,000. At that time it was believed that these funds would be sufficient to provide the necessary project assistance until a full - time Engineering Assistant III position could be added to the Survey Section. This person ultimately began work on July 1, 2002. 8/29/02 LAPosition Papers \SURVEY \BKF Amendment.wpd Page 1 of 2 POSITION PAPER Board Meeting Date: September 5, 2002 subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A REVISION TO THE CONSULTING SERVICES AGREEMENT WITH BRIAN KANGAS FOULK FOR SURVEY SERVICES Staff authority limits for amending agreements were revised from a maximum of up to $50,000, to fifteen percent or $10,000 above the original agreement amount, whichever is greater. This change in staff authority limits occurred at the Board meeting of April 18, 2002. Under the previous staff agreement authorization limits, staff could have approved up to $150,000 in total agreement limit, with revisions. Under the revised authorization limits, staff's total authorization limit for this contract with revisions was reduced to $115,000. In the period between February and July, 2002, BKF was used to provide survey support services on the Lafayette 3B and San Ramon Force Main projects as well as for some miscellaneous engineering activities. The time frame of these two projects required that the survey work be done whenever requested by the project engineer in order to ensure that the tight schedules for completing work before school began could be met. During this busy construction period, staff did not properly track the use of BKF in individual projects and the survey support agreement limits were exceeded. Management recently became aware of additional pending contract expenses exceeding the agreement amount of $110,000 by the requested $21,500. Staff believes that preserving Board confidence in staff authorized contracts is critical. This extension of staff authority was made during the time of transition in staff authorization limits and in District personnel, and during the height of the construction season. Staff could have corrected this situation by authorizing small survey agreements for the individual projects, but the Board's past concerns over splitting of agreements with one vendor led staff to choose to bring this matter to the Board's attention as an agreement overrun. Because the total amount of survey support services provided by BKF in this contract would exceed staff authorization limits, staff is requesting that the Board authorize the General Manager to execute a revision to the Professional Services Agreement with Brian Kangas Foulk in the amount of $21,500. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a revision to the consulting services agreement with BKF for $21,500. This will increase the total agreement amount to $131,500. 8/29/02 L: \Position Papers \SURVEY \BKF Amendment.wpd Page 2 of 2 MIL -AN 4DLANDFILL GAS UPDATE Douglas Craig Board of Directors Meeting September 5, 2002 �,. RECENT ACTIVITIES ONE ■ Board members and staff toured gas facilities ■ Staff met with Bulldog Gas and Power to review power costs ■ Staff developed a counter proposal 1 40 I TW I I PROPOSAL NO. 1 BULLDOG GAS AND POWER Floor - $3.00 /DT $3.01 - $4.00 $4.01 - $5.00 $5.01 and up o PROPOSAL NO. 1 CCCSD 30% Discount 40% Discount 50% Discount N ®t 7`7' , AdL .-4mml ME16 OWE® 50% Discount (no floor, no ceiling) Pa iildinwiiiiii iamw _�- PROPOSAL NO. 2 BULLDOG GAS AND POWER 0-$6.00 - 30% Discount $6.00 and up - 50% Discount Average Usage - 14,000 DT /mo No floor, no ceiling PROPOSAL CCCSD 0 - $2.00 /13T - 30% Discount $2.00 - $4.00 /13T - 40% Discount $4.00 and up - 50% Discount No floor, no ceiling, no guaranteed usage 3 -year contract 3 40 L ANEW I'l I& I I I COST COMPARISONS OF PROPOSALS Use of Natural Gas - $690,000 /yr Bulldog Proposal No. 1 - $640,000 CCCSD Proposal No. 1 - $345,000 Bulldog Proposal No. 2 - $483,000 CCCSD Proposal No. 2 - $449,000 Note: All costs are based on 175,000 DT /year at next year's pre - purchased Natural Gas cost of $3.94/DT 4• EXAMPLE If Natural Gas cost (burner tip) is $5 /DT, then Landfill Gas cost would be: $2.00 /DT x 0.7 = $1.4 $2.00 /DT x 0.6 = $1.2 $1.00 /DT x 0.5 = $0.5 $3.1 /DT 3.1 x 100 = 62% 5.0 4 - 40 1 ido iw 1 . SUMMARY Discount from Natural Gas $ 241,000 /year (35% discount) BOARD ACTION ■ Support counter proposal ■ Modify counter proposal ■ If acceptable to all parties, finalize contract and follow up with position paper W Central Contra Costa Sanitary District 1'Jk&P111K BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 5, 2002 No.: 9.b. ENGINEERING Type of Action: ADOPT RESOLUTION Subject: ADOPT RESOLUTION SETTING A MINIMUM INTEREST RATE FOR THE CONTRACTUAL ASSESSMENT DISTRICT PROGRAM Submitted By: Initiating Dept. /Div.: Curtis W. Swanson, Division Manager Engineering / Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION. 014 — qiks� 0A Swanson A. Farrell K. Alm Charles W. General M; ISSUE: The Board of Directors must approve any revisions to the existing Contractual Assessment District (CAD) policy. RECOMMENDATION: Adopt a resolution revising the District policy regarding Contractual Assessment Districts to establish a minimum interest rate of six percent (6 %). FINANCIAL IMPACTS: Adoption of the proposed resolution will establish a minimum interest rate for assessments under the District CAD Program. ALTERNATIVES /CONSIDERATIONS: Under the current CAD policy adopted in 2001, the District set an interest rate for the CAD assessments at 1 percent above the current average interest rate on CCCSD temporary investments. Due to economic conditions, the interest rate that the District has been able to earn on temporary investments has fallen drastically. The current investment interest rate is approximately 2.7 percent. Under the current CAD policy, the corresponding CAD assessment interest rate would be 3.7 percent. From a fiduciary viewpoint, staff feels that this assessment interest rate is too low for the ten -year assessment period allowed under the CAD Program. Alternatives to the proposed minimum interest rate that the Board may want to consider are: 1. Establish a higher or lower minimum interest rate. 2. Decide not to set a minimum interest rate. BACKGROUND: The District initiated a Contractual Assessment District Program in 1997 for the purpose of assisting homeowners with failing or inadequate septic tank systems to extend the public sewer system to serve their properties. The Board of Directors formally adopted a policy for the formation and administration of Contractual Assessment Districts first on January 7, 1999 and later on February 1, 2001. As part of the CAD policy, the 8/29/02 WPosition Papers \Bertera \CA D.Inte rest Rate. wpd Page 1 of 5 POSITION PAPER Board Meeting Date: September 5, 2002 Subject: ADOPT RESOLUTION SETTING A MINIMUM INTEREST RATE FOR THE CONTRACTUAL ASSESSMENT DISTRICT PROGRAM Board set an interest rate for CAD assessments at one percent over the then current average interest rate for District temporary investments. This interest rate is fixed for the ten year assessment period. During the past five years, the interest rate for the various CAD projects approved for funding by the Board has varied from 5.64 percent to 7.5 percent based on this formula (Attachment A). During the past year, the interest rate for District temporary investments has fallen drastically. The current average District investment interest rate is approximately 2.7 percent. The corresponding CAD assessment rate would be 3.7 percent for CADs if the Board were to approve a CAD at this time. Staff believes that setting CAD assessment interest rates for a long term period of ten years based on the current formula under current economic conditions is inappropriate. Staff proposes to establish a minimum CAD assessment interest rate of 6 percent. This minimum interest rate would be coupled with the floating interest rate formula now being used. When CAD projects are approved by the Board, the interest rate would be the greater of either the minimum interest rate of 6 percent or the assessment interest rate formula of 1 percent over the average District temporary investment interest rate. Staff selected the minimum interest rate of 6 percent as that is the interest rate that is currently used for the District Capacity Use Program. The Capacity Use Program allows businesses that generate high volumes of waste water such as restaurants or laundries to pay connection fees over a fifteen year period rather than all at once but they are charged 6 percent interest on the balance. The West Valley Sanitation District on the San Francisco Peninsula has a program similar to the Districts CAD Program. West Valley uses a fixed interest rate of 8.25 percent for their Assessment Program. RECOMMENDED BOARD ACTION: Adopt a resolution setting a minimum interest rate of six percent (6 %) for the District CAD Program. 8/29/02 U: \Position Papers \Bertera \CAD.InterestRate.wpd Page 2 of 5 ATTACHMENT A INTEREST RATES FOR CCCSD'S APPROVED CONTRACTUAL ASSESSMENT DISTRICTS (CAD) DATE APPROVED BY BOARD CAD NUMBER CAD NAME INTEREST RATE M 4/17/97 97 -1 Gary Way 7.25 11/6/97 97 -2 Leona Ct. 6.68 9/3/98 98 -1 Alhambra Way 6.67 4/15/99 98 -2 Charles Hill Circle 6.75 2/3/00 98 -3 Haven Lane 6.48 2/3/00 99 -1 Forest Lane 6.48 3/16/00 98 -4 Grothman Lane /Alhambra Way 6.48 4/6/00 99 -2 Muir Lane 6.82 10/19/00 2000 -6 Via Cerrada 7.50 11/2/00 2000 -1 Laurenita Way 7.50 1/11/01 2000 -2 Regent Place 7.50 4/19/01 99 -3 Vine Hill Way 7.17 6/21/01 2000 -4 Corwin Drive /La Sonoma /Los Alamos 6.76 7/5/01 2001 -1 Entrada Verde 6.76 7/19/01 98 -5 Barbee Lane 6.76 10/4/01 2000 -3 Angelo Street/El Sombro 5.64 U: \Position Papers\ Bertera \CADInterestRatesAttach.wpd Page 3 of 5 RESOLUTION NO. RESOLUTION REVISING CONTRACTUAL ASSESSMENT DISTRICT POLICY TO ESTABLISH A MINIMUM ASSESSMENT INTEREST RATE WHEREAS, since 1997 on a demonstration basis and since 1999 on a program basis, the District has made use of the provision of the Streets and Highways Code Section 5898, et seq. in order to create small Contractual Assessment Districts in order to provide for assessment financing of main extensions for failing septic systems; and to provide for assessment financing of main extensions for failing septic systems; and WHEREAS, the Board of Directors established a policy for the formation of Contractual Assessment Districts by adopting Resolution No. 99 -010 on January 7, 1999; and WHEREAS, the Board of Directors revised the Contractual Assessment District Policy by adopting Resolution No. 2001 -008 on February 1, 2001; and WHEREAS, the assessment interest rate for prospective Contractual Assessment Districts as provided for by the current Contractual Assessment District Policy would be at a rate that the Board of Directors considers to be fiscally inappropriate NOW THEREFORE, the District Board of Directors of the Central Contra Costa Sanitary District adopts a minimum assessment interest rate of six percent (6 %) for Contractual Assessment Districts. Page 4 of 5 UAPosition Papers\Bertera \CAD. InterestRateResolutionmpd FURTHERMORE, the Board revises the Contractual Assessment District Policy such that the assessment rate for future Contractual Assessment Districts be either one percent (1 %) above the then current average interest rate on District temporary investments or an interest rate of six percent (6 %), whichever is greater. PASSED AND ADOPTED this 5th day of September, 2002 by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: Mario Menesini President of the Board of Directors, Central Contra Costa Sanitary District , County of Contra Costa, State of California COUNTERSIGNED: Joyce E. Murphy Secretary, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel UAPosition Papers\Bertera \CAD. InterestRateResolution.wpd Page 5 of 5 CAD Interest Rates • Currently set based on LAIF rate plus 1 % • 1997 to 2001 rates were fairly stable: Range - 5.64% to 7.5% • LAIF rate has dropped such that today's rate would be 3.7% • Proposing a minimum rate of 6% to be used in conjunction with the LAIF plus 1 % formula Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 5, 2002 No.: 9.c. ENGINEERING Type of Action: ADOPT RESOLUTION AUTHORIZE AGREEMENT Subject: AUTHORIZE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH ALLISON SIERRA, INC., TO REPLACE 760 FEET OF SEWER PIPE USING THE INNEREAM° TECHNOLOGY FOR THE VIA DEL SOL TRUNK SEWER REPLACEMENT PROJECT, DISTRICT PROJECT NO X5516 Submitted By: Initiating Dept✓Div.: Tom Godsey, Associate Engineer Engineering Department /Capital Projects Division REVIEWED AND RECOMMENDED FOR BOARD ACTION. 044-- T. Godsey K. Alm W. Brennan A. Farrell O—Carle . B General Man ISSUE: Board authorization is required for the General Manager to execute construction contracts over $15,000 and to exempt projects from public bidding for field testing purposes. RECOMMENDATION: 1) Exempt this project from public bidding requirements. 2) Adopt a resolution making a finding that the InneReam technology is designated by trade name in the project in order that a field test may be made to determine if the InneReam® technology is suitable for future District use. (Public Contracts Code Section 3400(b). 3) Authorize the General Manager to execute an agreement with Allison Sierra, Inc., for the replacement of 760 feet of sewer at a cost not to exceed $135,000. FINANCIAL IMPACTS: Approximately $184,000, including contingency and construction management. BACKGROUND: District collection system staff noted a problem with the 12 -inch diameter trunk sewer of Via Del Sol (Attachment 1 - Map) during a service call for a problem tap. Investigation revealed that a substantial portion of the clay pipe trunk sewer was fractured at the crown and structurally deficient. The immediate solution to the problem tap was to place bands around the damaged clay sewer to hold the pieces together. Bi2si02 I: \Design \Position Papers \2002 \5516AIlisonSierraBTG.wpd Page 1 of 5 POSITION PAPER Board Meeting Date: September 5, 2002 Subject: AUTHORIZE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH ALLISON SIERRA, INC., TO REPLACE 760 FEET OF SEWER PIPE USING THE INNEREAM° TECHNOLOGY FOR THE VIA DEL SOL TRUNK SEWER REPLACEMENT PROJECT, DISTRICT PROJECT NO X5516 Conventional replacement methods for replacing this sewer will not work because the parallel 18 -inch PVC trunk sewer prevents access and use of trenching or pipebursting. Engineering staff believes that the 12 -inch clay sewer can be efficiently replaced with a new patented system that reams out the clay while pulling new pipe in place. This will replace the existing sewer with the same size pipe without damaging or disrupting the parallel PVC sewer. Sierra - Allison Inc., is the exclusive licensee for the InneReam® process in California. The method and apparatus are covered by United States Patent No. 5,580,188. 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 one of the first sewer rehabilitation projects using this technology in California and 2) one of the objectives of this project is to demonstrate the applicability of using this technology on future sewer rehabilitation projects. Exemption from bidding for demonstration purposes is allowed under Public Contracts Code Section 3400. A lump -sum price contract with a cost ceiling of $ 135,000 has been negotiated with Allison- Sierra, Inc. Engineering staff negotiated with the InneReam® licensee Allison- Sierra, Inc., on a scope and price for the replacement work. District staff prepared contract documents which specify pipe materials, pipe assembly, pipe installation, side sewer lateral reinstatement, and bypass pumping during construction. The engineer's estimate for construction is $ 125,000. The District will administer the construction contract and will provide inspection, office engineering, and shop drawing review. An initial allocation of $25,000 was made from the Collection System Program Contingency Account. This project is included in the fiscal year 2002 -2003 Capital Improvement Budget (CIB) under the Collection System Urgent Projects Program. The funds required to complete this project, as shown in Attachment 2, are $159,000. The project manager has reviewed the expenditure requirements for this allocation and has determined that they are consistent with the Capital Improvement Budget and Plan. 8/28/02 hDesign \Position Papers \2002 \5516AIIisonSierraBTG.wpd Page 2 of 5 POSITION PAPER Board Meeting Date: September 5, 2002 Subject: AUTHORIZE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH ALLISON SIERRA, INC., TO REPLACE 760 FEET OF SEWER PIPE USING THE INNEREAM° TECHNOLOGY FOR THE VIA DEL SOL TRUNK SEWER REPLACEMENT PROJECT, DISTRICT PROJECT NO X5516 Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 152820), since it involves the replacement of an existing pipeline less than 1 mile in length in a public ROW. Approval of this project will establish the Board of Directors' independent finding that this project is exempt form CEQA. RECOMMENDED BOARD ACTION: Authorize the award of a construction contract in the amount of $ 135,000 for completion of the Via Del Sol Trunk Sewer Replacement Project, D.P. X5516 to Allison Sierra, Inc. 8/28/02 I: \Design \Position Papers \2002 \5516AIIisonSierraBTG.wpd Page 3 of 5 RESOLUTION NO. A RESOLUTION APPROVING AN INNEREAM SEWER RENOVATION DEMONSTRATION PROJECT AS A FIELD TEST OF EXPERIMENT WHEREAS, Section 3400 (a) of the California Public Contract Code provides that in those cases involving a unique or novel product application required to be used in the public interest, a government entity may specify such unique or novel product as an appropriate sole source, and the proprietary InneReam sewer renovation to be furnished and installed by Allison Sierra, Inc., at Via Del Sol, Walnut Creek, California, is such a unique or novel product, which may be contracted for without the necessity of competitive bidding; and WHEREAS, Section 3400 (b) of the California Public Contract Code provides that a particular material, product, name brand, item, or service may be purchased without the necessity of competitive bidding when the governmental body of the public entity makes a finding by resolution that the designated material, product, thing, or service being purchased in order that a field test or experiment may be made to determine the product's suitability for future use; and WHEREAS, staff analysis concludes that the District can significantly benefit from entering into an agreement with Allison Sierra, Inc., to perform an InneReam sewer renovation demonstration project for the purpose of a field test or an experiment to determine if this application and method is suitable for future use by the District as a sewer renovation technique; and WHEREAS, staff analysis further concludes that the public interest in achieving the most cost effective and practical sewer renovation alternative in this type of application at Via Del Sol, Walnut Creek, California, requires using the unique system offered by Allison Sierra, Inc., as a sole supplier. NOW, THEREFORE BE IT RESOLVED: 1. THAT, the Board of Directors of the Central Contra Costa Sanitary District finds that the InneReam sewer renovation system offered by Allison Sierra, Inc., shall be utilized at Via Del Sol, Walnut Creek, California, in order that a field test or experiment may be made to determine the suitability of the system and method for future District use. 2. THAT, the General Manager be authorized to execute an agreement with Allison Sierra, Inc., as an appropriate sole- source provider, to perform an InneReam sewer renovation demonstration project at Via Del Sol, Walnut Creek, California, as a field test or experiment to determine the suitability of this system and method for future District use. I: \Design \Position Papers \2002 \5516ResolutionNo97102.wpd Page 4 of 5 RESOLUTION NO. Page 2 PASSED AND ADOPTED this 5th day of September, 2002, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Alm District Council /sb I: \Design \Position Papers \2002 \5516ResolutionNo97102.wpd Page 5 of 5 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 5, 2002 No.: 10a. HUMAN RESOURCES Type of Action: HUMAN RESOURCES Subject: CREATE AND ADD TWO PUMPING STATIONS SUPERVISOR POSITIONS (S -71, $5,190 - $6,279), AND ADOPT THE JOB CLASSIFICATION DESCRIPTION. MODIFY THE PUMPING STATIONS OPERATOR 1 /11 JOB CLASSIFICATION DESCRIPTION, DELETE THE PUMPING STATIONS OPERATOR III CLASSIFICATION WHEN APPROPRIATE. AUTHORIZE FILLING THE PUMPING STATIONS SUPERVISOR VACANCIES. Submitted By Initiating Dept. /Div.: John C. Pearl, Collection System Operations /Collection System Operations Division Manager Operations Department REVIEWED AND RECOMMENDED FOR BOARD ACTION. J. Pearl J. Kelly C. Freftas raves Ohahes W. Batts, General Manag ISSUE: Board authorization is required to create and delete positions, establish salary ranges, and adopt new and modified job classification descriptions. RECOMMENDATION: Authorize the addition of two Pumping Stations Supervisors. FINANCIAL IMPACTS: The initial impact will be the direct salary and benefit cost of the two additional staff members. This is estimated to be $135,000 for the remainder of this Fiscal Year and $200,000 per year in subsequent years until Pumping Station Operator III positions are eliminated. ALTERNATIVES /CONSIDERATIONS: There are two major alternatives to the proposed action: 1.) leaving the Pumping Station Section in its existing structure; or 2.) creating one Pumping Station Supervisor position in addition to the Pumping Station Operator Ills. BACKGROUND: In 1998, the Pumping Stations Section had one superintendent, two supervisors, and six Pumping Stations Operators 1 /II. By 1999, this structure was changed to delete the two supervisor and two Pumping Stations Operators 1 /11 positions, and create two Pumping Stations Operator III positions. This resulted in a net reduction of two authorized positions; the goal was to promote self- direction and move the daily decision - making responsibilities to the front -line personnel. However, based on a current review of the Section's work load, staffing, overtime, call -outs and stand -by duties, staffing needs to be augmented and reorganized. The current structure does not address increased regulatory oversight, five new pumping stations, numerous construction activities, delegation, succession planning, or leave usage. Page 1 of 14 POSITION PAPER Board Meeting Date: September 5, 2002 Sub/ecr: CREATE AND ADD TWO PUMPING STATIONS SUPERVISOR POSITIONS (S -71, $5,190 - $6,279), AND ADOPT THE JOB CLASSIFICATION DESCRIPTION. MODIFY THE PUMPING STATIONS OPERATOR 1 /11 JOB CLASSIFICATION DESCRIPTION, DELETE THE PUMPING STATIONS OPERATOR III CLASSIFICATION WHEN APPROPRIATE. AUTHORIZE FILLING THE PUMPING STATIONS SUPERVISOR VACANCIES. As part of the recent regulatory focus on collection systems, the pumping stations are being increasingly scrutinized by the Regional Water Quality Control Board, specifically in the areas of overflows, capacity, maintenance, equipment reliability, and reliability during construction activities. Current staffing is inadequate to maintain 24/7 emergency response throughout the District pumped areas. During the same period with a decrease in staffing, there has been an increase in the overall number of pumping stations from eighteen to twenty- three. This increase in stations, along with increasing traffic congestion, the greater distance to new stations in San Ramon, increasing regulatory oversight and reporting, has adversely affected the time spent operating and maintaining stations. While four of the new pumping stations sites have been labeled as "temporary," they still require maintenance and will be needed for at least three more years. Over the last several years the Engineering Department has made a major effort to bring the Pumping Stations to required capacity and to modernize equipment. Pumping Stations staff input is required during design. In addition to this responsibility, a qualified operator must be available during construction projects at these stations. The need to ensure that the stations remain on -line during major renovations mandates a staff presence during construction hours and a significant coordination effort, while remaining Pumping Station Operators are stretched to operate and maintain the other stations in the District. This major construction effort is expected to continue until at least the end of 2006 with the SCADA Project, Lower Orinda Pumping Station, and others. Also each construction project requires significant staff overtime which impacts staffs' availability for on -call and emergency work. The Pumping Stations Operator III position was to be a lead position providing daily direction in the maintenance and operation of the stations. The ability of the Pumping Station Operator Ills to provide this oversight has been constrained by limited contact with the Pumping Stations Superintendent and lack of direct authority to be a functional supervisor. Pumping Stations Operators Ills did not have the authority of a supervisor, they cannot procure equipment and services, and due to their required operators' tasks, they cannot oversee the group of stations and personnel to which they were assigned. This arrangement has proven to be inefficient for the District and untenable for the Operator Ill's. To correct these deficiencies, staff proposes to reestablish the position of Pumping Stations Supervisor, with two positions at the S -71 level ($5,190 - $6,279). It is proposed that the two Page 2 of 14 POSITION PAPER Board Meeting Date: September 5, 2002 Subject: CREATE AND ADD TWO PUMPING STATIONS SUPERVISOR POSITIONS (S -71, $5,190 - $6,279), AND ADOPT THE JOB CLASSIFICATION DESCRIPTION. MODIFY THE PUMPING STATIONS OPERATOR 1 /II JOB CLASSIFICATION DESCRIPTION, DELETE THE PUMPING STATIONS OPERATOR III CLASSIFICATION WHEN APPROPRIATE. AUTHORIZE FILLING THE PUMPING STATIONS SUPERVISOR VACANCIES. Pumping Stations Operator III incumbents will remain at the G-68 level until they are promoted, retire or terminate from these positions. However, when these positions are vacant, the Operator III positions will then be deleted and become Plant Operator 1 /11's. The job classification description for the Pumping Stations Supervisor is attached, and the job classification description for the Pumping Stations Operator 1 /11 positions has been modified to reflect reporting to the new supervising positions. Also, attached is an organizational chart showing the present and proposed organization for the Pumping Stations Section. This proposal provides the staffing needed to face the challenges over the next three to five years as Pumping Station construction continues, the SCADA system becomes operational, and regulations require modification to operations and maintenance routines. The overall personnel action will increase the Pumping Stations staffing by two positions, and staffing will be reevaluated as the Pumping Stations Operator III positions are eliminated. The Board Personnel Committee has reviewed this proposal and it was sent to the bargaining units for their comments. MS /CG approved the position and pay range as presented herein. Local One would prefer that the Operator III positions remain in effect as promotional opportunities for Pumping Stations Operator Ils, but acknowledge the need for the supervisor positions. RECOMMENDED BOARD ACTION: Authorize the addition of two Pumping Stations Supervisors (S -71), adopt the applicable job description, add two Pumping Stations Operator 1 /II positions (G- 59/G -64), modify the applicable job description, and eliminate the two Pumping Stations Operator III positions (G-68) when appropriate. Authorize filling the Pumping Stations Supervisor vacancies. Page 3 of 14 G U) a m CL Z /D V Page 4 of 14 m N C c c O o� E (D 0- n o �. No vN a) C N � N � O Cl) U L Q j co O *� * y O N (o * * 000 E C O O � o— = -__ O °'E2 �C cc Cl) ++�.. �0� Gy•C CL U) (D n H C0 � r �� 0 � a E0 N C �C � O CC. � t0 W �u� C'3 i i 10 c 510 6 C N aN V EL > Qo. U.0mm -i � °c v E Vj �� EO CNCiF =N� a o 0 d� * N a N t0 :3 xO C N r �� CL * N O_ _= �• O c •Od O xom . T Ca H L C O N t� �. C E c c, E c�— a C CD C7 d LL N ' Ec LM'_' L E GoC J 9 s s r Page 4 of 14 N C O n vN a) C N O O M a O � * y O T C C C O m c C c5\ d' +.�c0 0 Ad— .0 � EC c��n H horn Yd MyEy Cm 0)c r- c C;) LO Ot E y o o j C o N N :3 NVHN �� CL * O_ _= CL •Od O xom . T Ca H L C O �. C rn c, E a C CD C7 d LL N ' Ec L E GoC 'ct m M N J* Page 4 of 14 CENTRAL CONTRA COSTA SANITARY DISTRICT aTsd MildroUl Effective: 8/16/02 7/1-F98 Range: S -71 Respirator Class: 2 PUMPING STATIONS SUPERVISOR Plan, organize, direct, and review the activities of Pumping Station Operators and others assigned to pumping station sites; participate in a variety of maintenance and repair work. DISTINGUISHING CHARACTERISTICS The use of respiratory equipment (including self- contained breathing apparatus (S.C.B.A.)) may be required for this position. Therefore, the Pumping Stations Supervisor will be required to be free of facial hair that would interfere with the use of a respirator for annual fit tests and for any occasion which requires the use of respiratory equipment to comply with the District's respiratory program and Cal /OSHA standards. SUPERVISION RECEIVED AND EXERCISED Receive direction from the Pumping Stations Superintendent. Exercise direct supervision over Pumping Stations Operators and others as assigned. EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the following: Plan, organize, direct, and review the work of Pumping Station Operators in the operation and maintenance of pump stations. Assist in analyzing pumping station procedures and administration; monitor pumping station process efficiencies; implement improvements. Assist with and perform a variety of personnel actions including performance evaluations, training, selections, dismissals, transfers, and disciplinary actions. Schedule work; set up and oversee preventive and predictive maintenance schedules. Page 5 of 14 CENTRAL CONTRA COSTA SANITARY DISTRICT Pumping Stations Supervisor (Continued) EXAMPLES OF ESSENTIAL DUTIES Supervise and participate in the operation and maintenance of diesel and gas gasoline engines, generators, pumps, compressors, electrical controls, and instruments, including telemetry and SCADA systems. Monitor and report on work done by contractors; supervise contractor work as required. Maintain daily and monthly records of work activity. Evaluate complex mechanical problems; assist in determining corrective action and repairing equipment. Prepare time cards, spillage reports, afld call -out reports and other reports as assigned. Order supplies and services. Conduct safety training. Perform related duties as required. MINIMUM QUALIFICATIONS Knowledge of: Methods, equipment, tools, and materials used in the maintenance of diesel and gas gasoline engines, electric motors, pumps, compressors, valves and other equipment. Methods and precautions in storing and handling hazardous gases and chemicals. Purposes and operating requirements of sewage pumping station facilities and equipment. Page 6 of 14 CENTRAL CONTRA COSTA SANITARY DISTRICT Pumping Stations Supervisor (Continued) Knowledge of: Regulations that pertain to sewage pumping station facilities and equipment. Wastewater operations. Wastewater sampling and routine process control tests. Principles, practices, and techniques of supervision. Use of personal computer for maintenance and purchasing functions. Safety hazards and appropriate precautions applicable to work assignments. Ability to: Intermittently analyze equipment #ifs run time hours, identify operational or maintenance problems, interpret equipment specifications, know operations of pumping stations, observe equipment operation, problem solve control systems problems, remember maintenance schedules, and explain procedures to subordinates. Sit for long periods of time while driving, reading, and writing on a continuous basis. Intermittently walk to and from vehicles to buildings and pump stations, bend, squat, kneel, and twist while loading and unloading supplies and picking up tools and climb ladders, perform simple and power grasping, pushing and pulling, fine manipulation, use feet to operate foot controls, and lift or carry weight of 50 pounds or less. Train and supervise assigned personnel. Operate pumping stations and perform preventive and predictive maintenance and repair work on diesel engines and electric motors, pumps, compressors, valves and related pumping station equipment. Perform repair and maintenance work on pumping station systems and equipment. Perform a variety of , painting, and light Page 7 of 14 CENTRAL CONTRA COSTA SANITARY DISTRICT Pumping Stations Supervisor (Continued) Ability to: facilities cleaning and maintenance work. Understand and carry out oral and written directions. Establish and maintain cooperative relationships with those contacted in the course of work. Perform basic wastewater treatment processes and control procedures; perform routine process control tests. Communicate clearly and concisely, both orally and in writing. Maintain work records; prepare clear and concise reports. Act on behalf of Pumping Stations Superintendent as required. Learn and observe all appropriate safety precautions as required by the District including, but not limited to, Cal /OSHA General Industry Safety Orders, the District's Respiratory Protection Program, and District Safety Directives. Work shift, on -call, weekends, and holidays as assigned. Special Physical Requirements: Must be able to wear respiratory protection device for dust protection and while painting and using certain chemicals and solvents. May be required to enter confined space. When required to wear respiratory protection equipment, must be able to wear S.C.B.A. and perform job duties while wearing protective equipment and S.C.B.A. weighing 32 pounds. EXPERIENCE AND EDUCATION Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Four years of experience in the operation or maintenance of a wastewater treatment plant, or in the District's pumping station operation, including experience in a lead or supervisory capacity. Page 8 of 14 CENTRAL CONTRA COSTA SANITARY DISTRICT Pumping Stations Supervisor (Continued) Education: Equivalent to the completion of the twelfth grade. LICENSES AND CERTIFICATES Possession of a valid California Driver's License. Possession of either a CWEA Mechanical Technician Grade III, Collection System Maintenance Grade III Certificate, or State of California Wastewater Treatment Plant Operator Grade III Certificate is desirable. Page 9 of 14 CENTRAL CONTRA COSTA Effective: 08/16/02 SANITARY DISTRICT Range: Respirator Class: PUMPING STATIONS OPERATOR 1 /II DEFINITION 1/12191 1 - G -59 II - G -64 2 Operate, inspect, maintain, and repair equipment and facilities at District pumping stations; perform a variety of mechanical and building maintenance tasks. This is a flexibly staffed class series whereby I level positions may reasonably be expected to progress to the II level with training, experience, and satisfactory job performance. DISTINGUISHING CHARACTERISTICS The use of respiratory equipment (including self- contained breathing apparatus (S.C.B.A.)) may be required for this position. Therefore, the Pumping Stations Operator I will be required to be free of facial hair that would interfere with the use of a respirator for annual fit tests and for any occasion which requires the use of respiratory equipment to comply with the District's respiratory program and Cal /OSHA standards. Pumping Stations Operator I This is the entry level class for the Pumping Stations Operator series. Positions in this class typically have at least one to two years experience in mechanical maintenance, treatment plant or collection system operations, but are unfamiliar with the full range of duties in the pumping stations. I level positions work under closer supervision than II level positions. Pumping Stations Operator II This is the journey level class in the Pumping Stations Operator series. Positions in this class perform the full range of pumping stations work and are frequently required to work alone and exercise independent judgement. SUPERVISION RECEIVED AND EXERCISED Pumping Stations Operator I Receive immediate supervision from a higher level position progressing to general supervision with training and experience. Page 10 of 14 CENTRAL CONTRA COSTA SANITARY DISTRICT Pumping Stations Operator 1 /II (Continued) SUPERVISION RECEIVED AND EXERCISED Pump Stations Operator II Receive general supervision from the Pumping Stations Supervisors or Superintendent -afld May exercise technical supervision over lower level Pumping Stations Operators. EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the following: Operate, inspect, repair, and maintain pumps, electric motors, diesel and gasoline engines, air compressors, hydraulic systems, valves, electrical controls, and associated instrumentation, including telemetry and SCADA systems. Check, record, and monitor pumping station operations and, as necessary, make operating adjustments including opening and closing suction or discharge valves and pumping down and flushing sumps and wet wells. Perform preventive and predictive maintenance work on engines and equipment; diagnose mechanical problems; order or procure parts for repairs; order supplies. Remove, repair, and install pumps, motors, compressors, generators, piping, valving, controls, filters, emergency by -pass systems, and hydraulic and pneumatic valves and instrument control systems. Operate, maintain, and repair chemical feed systems. Operate manual and automatic control liquid pumping station systems. Perform a variety of building maintenance and grounds keeping work. Prepare time cards, call -out reports, and spillage reports. Keep maintenance records and work activity reports utilize computers as applicable. In the absence of the Pumping Stations GperateF W Supervisor, or when directing others in such work, assume lead responsibility for pumping stations operations and maintenance. Assist in analyzing pumping stations operations; make suggestions to supervisors on improvements. Perform related duties as required. Page 11 of 14 .l CENTRAL CONTRA COSTA SANITARY DISTRICT Pumping Stations Operator 1 /11 (Continued) MINIMUM QUALIFICATIONS Pumping Stations Operator I Knowledge of: Methods, equipment, tools, and materials used in the maintenance of diesel and gas engines, electric motors, pumps, compressors, and other equipment. General computer knowledge and skills. Safety hazards and appropriate precautions applicable to work assignments. Ability to: On a continuous basis know the parts of the station and what they do; observe, remember, and understand equipment operations, identify problems related to equipment operations, and explain situations. Intermittently analyze pump problems, interpret schematics, and problem solve equipment malfunctions. Intermittently sit, walk, stand, bend, squat, climb, kneel, and twist while performing various tasks in and around work station, perform simple and power grasping, pushing and pulling, fine manipulation, use feet to operate foot controls; and lift or carry weight of 75 pounds or less. Operate and perform preventive and routine maintenance and repair work on diesel engines and electric motors, pumps, compressors, and related pumping station equipment; operate related power tools. Perform a variety of building maintenance tasks including cleaning, grounds keeping, painting, light carpentry, plumbing, and electrical work. Learn basic wastewater treatment processes and control procedures; perform routine process control tasks. Maintain records accurately and neatly. Understand and carry out oral and written directions. Establish and maintain cooperative relationships with those contacted in the course of work. Page 12 of 14 CENTRAL CONTRA COSTA SANITARY DISTRICT Pumping Stations Operator 1 /II (Continued) Abili to: Learn and observe all appropriate safety precautions as required by the District including, but not limited to, Cal /OSHA General Industry Safety Orders, the District's Respiratory Protection Program, and District Safety Directives. Work shift, on -call, weekends, and holidays as assigned. Special Physical Requirements: Must be able to wear respiratory protection device for dust protection and while painting and using certain chemicals and solvents. May be required to enter confined space. Must be able to wear S.C.B.A. and perform job duties while wearing protective equipment and S.C.B.A. weighing 32 pounds. EXPERIENCE AND EDUCATION Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be: Experience: One year of experience in the operation or maintenance of a wastewater treatment plant. Education: Equivalent to the completion of the twelfth grade. LICENSES AND CERTIFICATES Possession of a valid California Driver's License. Page 13 of 14 3 • '. CENTRAL CONTRA COSTA SANITARY DISTRICT Pumping Stations Operator 1 /II (Continued) Pumping Stations Operator II In addition to the qualifications for Pumping Stations Operator I: Knowledge of: Methods and precautions in storing and handling hazardous gases and chemicals. Wastewater sampling and routine process control tests. District - specific computer systems. Ability to: Perform the full range of repair and maintenance work on pumping stations equipment. Work independently and exercise good judgement without close supervision; assume functional responsibility for designated operations in absence of supervision. Perform gas and electrical welding. Diagnose problem situations and recommend effective courses of action. Train others in the operation and maintenance of the District's Pumping Stations. EXPERIENCE AND EDUCATION Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be: Experience: One year of experience as a Pumping Stations Operator I or comparable to a Mechanical Maintenance Technician II at the District. Education: Equivalent to the completion of the twelfth grade. LICENSES AND CERTIFICATES Possession of a valid California Driver's License. Possession of either a current CWEA Mechanical Technician Grade II or State of California Wastewater Treatment Plant Operator Grade II Certificate is desirable. Page 14 of 14 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board meeting Date: September 5, 2002 No•: 14.a. BUDGET AND FINANCE Type of Action: APPROVE INVESTMENT POLICY Subject: REVIEW AND APPROVE THE STATEMENT OF INVESTMENT POLICY Submitted By: Debbie Ratcliff, Controller Initiating Dept. /Div.: Administrative /Finance & Accounting REVIEWED AND RECOMMENDED FOR BOARD ACTION. 1 & D. RAilif R M graves Charles W. General M+ ISSUE: The District's investment policy must be reviewed and approved annually(by the Board of Directors in accordance with District Investment Policy and California Government Code Section 53646. RECOMMENDATION: Review, suggest any changes if appropriate, and approve the District's investment policy. Iy1►1_1�ldiI7T�' ALTERNATIVES /CONSIDERATIONS: Additional investment options could be added which fall within the permissible investments prescribed by the Government Code of the State of California, although this is not recommended. BACKGROUND: In 1984, the California legislature amended Government Code Section 53646 to require that the treasurer or chief fiscal officer annually render to the legislative body of the local agency a statement of investment policy, and render a monthly report to the chief executive officer and legislative body of the local agency showing the type of investment, institution, date of maturity, amount of deposit, current market value for all securities with a maturity of more than 12 months, rate of interest, and such data as may be required by the local agency. Section 53646 remained in effect only until January 1, 1991, and as of that date was repealed. The California Legislature added a new Government Code Section 53646 via Senate Bill 564 as of January 1, 1996. The annual rendering of a statement of investment policy to the governing Board for review and approval as well as a monthly investment report has been continued since that time. These provisions were incorporated into our investment policy. 8/28/02 S:\ ADMIN\ POSPAPER \INVESTMENT.POL.02wpd.wpd Page 1 of 7 POSITION PAPER Board Meeting Date: September 5, 2002 Subject: REVIEW AND APPROVE THE STATEMENT OF INVESTMENT POLICY District Counsel and staff reviewed the 2001 legislative amendments, and found that none required a change to the District's Investment Policy. Therefore, there are no recommended changes to the investment policy this year. At the Board Meeting of July 11, 2002, the Board approved Resolution No. 2002 -056 delegating authority to the Treasurer of the County of Contra Costa to invest the District's funds. (See Attachment 1) This resolution will have continuing effect unless the Board takes action to revoke this authorization. RECOMMENDED BOARD ACTION: Review, suggest any changes if appropriate, and approve the District's investment policy. S:\ ADMIN\ POSPAPER \INVESTMENT.POL.02wpd.wpd Page 2 of 7 POSITION PAPER Board Meeting Date: September 5, 2002 Subject: REVIEW AND APPROVE THE STATEMENT OF INVESTMENT POLICY The investment policy of the Central Contra Costa Sanitary District is embodied in the following eleven sections: Statement of Objectives The temporary investment portfolio of the District will be managed to ensure that normal cash needs, as well as scheduled extraordinary cash needs can be met. Therefore, adequate liquidity will be the first priority. Second priority will be the safety of the portfolio ensuring that the investments could be readily converted to cash if needed without causing a material change in the value of the portfolio. Lastly, the portfolio will be invested to attain a market average rate of return, after meeting the first two previously stated objectives. II. Permissible Investments Within the constraints prescribed by the Government Code of the State of California for permissible investments, the District's investment portfolio will only be invested in the following instruments: • United States Treasury Bills and Notes, and obligations of government agencies for which the full faith and credit of the United States are pledged. • Bankers Acceptances, drawn on and accepted by a commercial bank, which are eligible for purchase by the Federal Reserve System. • Collateralized Certificates of Deposit issued by a Federal or State chartered bank or a Federal or State chartered savings and loan association. • Commercial Paper of prime quality limited to corporations with assets over $500,000,000. • Local Agency Investment Fund of the State of California. S:\ ADMIN\ POSPAPER \INVESTMENT.POL.02wpd.wpd Page 3 of 7 POSITION PAPER Board Meeting Date: September 5, 2002 Subject: REVIEW AND APPROVE THE STATEMENT OF INVESTMENT POLICY III. Banks and Dealers The District will use the services of the Treasurer's Office of the County of Contra Costa which will transact the District's investment decisions in compliance with the requirements described in this investment policy. The County Treasurer's Office will execute the District's investments through such brokers, dealers and financial institutions as are approved by the County Treasurer, and through the State Treasurer's Office for investment in the Local Agency Investment Fund. IV. Maturities The maximum maturity for investments of the District is one year. Prior approval of the Board of Directors must be obtained to acquire investments with maturities beyond one year. However, investments in Treasury Notes and the Local Agency Investment Fund would not be subject to the one year maximum maturity. V. Diversification To minimize the risk of loss through default, the total amount invested in a single issuer will not be greater than 15 percent of the District's investment portfolio value, except that the 15 percent limitation will not apply to United States Treasury Bills and Notes and investment in the Local Agency Investment Fund. VI. Risk Credit and market risks will be minimized through adherence to the list of permissible investments, a limit on maximum maturities, and the limitation on the total investment in a single issuer. VII. Delegation and Authority The District Controller will be responsible for investment transactions which should be made in accordance with this investment policy and within the internal controls described in Section IX. S:\ ADMIN\ POSPAPER \INVESTMENT.POL.02wpd.wpd Page 4 of 7 POSITION PAPER Board Meeting Date: September 5, 2002 subject: REVIEW AND APPROVE THE STATEMENT OF INVESTMENT POLICY VIII. Prudence Prudent judgement must be exercised by the District Controller responsible for investment transactions undertaken in accordance with this investment policy. IX. Controls The District Controller will establish subsidiary accounting records of each investment which will enable the determination of income earned monthly and through maturity, and the balancing of the principal amounts to a control account in the general ledger. Internal control procedures will require the countersignature of the Director of Administration for all transactions which are initiated by the Controller. The dollar limit of the Director of Administration will be $5 million. Investment transactions which exceed $5 million will require the additional approval of the General Manager. Such internal controls are to be reviewed by the District's independent auditors annually. X. Reporting The District Controller will annually render a statement of investment policy to the Board of Directors. The Controller will submit a monthly report to the District's General Manager, Board of Directors and internal auditor showing the type of investment, issuer, date of maturity, par (or face), dollar amount invested, current market value of all securities, and the source of this same valuation, and a statement of compliance of the portfolio with the investment policy. XI. Performance Evaluation A performance evaluation will be completed by the District's independent auditors every four years, commencing with the 1984 -1985 fiscal year, to determine whether the investment objective of achieving a market - average rate of return is being realized. In determining the market - average rate of return, the average return of three month U.S. Treasury Bills will be used. S: ADMIMPOSPAPEMINVESTMENT .POL.02wpd.wpd Page 5 of 7 ATTACHMENT I RESOLUTION NO. 2002 -056 A RESOLUTION DELEGATING AUTHORITY FOR INVESTMENT OF PUBLIC AGENCY FUNDS TO THE TREASURER OF THE COUNTY OF CONTRA COSTA WHEREAS, the Governing Board of the Central Contra Costa Sanitary District (hereafter "Agency ") hereby delegates its authority to invest Agency funds to the Treasurer of the County of Contra Costa ( "Treasurer "); WHEREAS, this delegation is made pursuant to, and in accord with, Government Code Sections 53601, 53607, 53635, and 53684 and other applicable law (collectively, the "Applicable Law ") and shall operate to authorize and request the Treasurer to take any and all actions contemplated by the Applicable Law with respect to any and all Agency funds held by the Treasurer; WHEREAS, all investments transacted by the Treasurer shall adhere to the District's Investment Policy and will be transacted after receipt of written instructions from appropriate District officers; WHEREAS, unless Agency takes action to revoke this authorization and informs Treasurer in writing of such action, Treasurer shall deem that Agency has taken action to lawfully renew this delegation prior to the start of each new fiscal year. Unless informed in writing that this delegation has been revoked, this Resolution shall be deemed to have continuing effect and shall not expire; NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Central Contra Costa Sanitary District, that Agency hereby delegates its authority to invest Agency funds to the Treasurer of the County of Contra Costa. Page 6 of 7 Resolution No. 2002 6 Page 2 PASSED AND ADOPTED this 11`h day of July, 2002, by the District Board of the Central Contra Costa Sanitary District by the following vote: AYES: Members: Boneysteele, Hockett, Lucey, Nejedly, Menesini NOES: Members: None ABSENT: Members: None President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: w� Sectetar* of Central Conta Costa Sanl ry District, County of Contra Costa, State of California Approved as to Form: AAA Kenton L. Alm District Counsel SAADMIMRATCLIFRResolution - Inv.fundstotreas.ccc.6.02 Page 7 of 7 C� U N O O N O M a� tn rV WE � N Wo zN a M ►�i W WZ Ati zA_ � Wo A 0 W � W � U �I w 0 o� o� o�I oU o� N N � O N O O � N o� 6A kn 00 N N tn .� N �p yy M 619 N O N 619 W z a � � o W M �O H H a w F- u � A o O � o off 3� N Q' � F- old off O N (� � tn � O M tn eq 00 N N Z � M N 00 en 601) 00 Z fas, � Z h qv � W 'z W5 w O O V5 OAZ� WSW � W � �I F- u � A o O � o off 3� N Q' � F- old off O N (� � C—+ H 0 A 42. rA O V A 0 0 0 0 N N O b/9 $ a� Pic s ~ L a0 •i••1 a r••� x W O ; aW a o W U A Z a z Y LL T Z a f%1 tn 00 00 M tn eq 00 N N C—+ H 0 A 42. rA O V A 0 0 0 0 N N O b/9 $ a� Pic s ~ L a0 •i••1 a r••� x W O ; aW a o W U A Z a z Y LL T Z a f%1 t- 00 00-N eq N N 00 en 601) 00 9 fas, M en qv w � 'z W5 w O O V5 C—+ H 0 A 42. rA O V A 0 0 0 0 N N O b/9 $ a� Pic s ~ L a0 •i••1 a r••� x W O ; aW a o W U A Z a z Y LL T Z a f%1 �o 00 N 00 en 601) v1 9 fas, C—+ H 0 A 42. rA O V A 0 0 0 0 N N O b/9 $ a� Pic s ~ L a0 •i••1 a r••� x W O ; aW a o W U A Z a z Y LL T Z a f%1 v1 9 z w M ~ V Z w � 'z ►':� w O O w C—+ H 0 A 42. rA O V A 0 0 0 0 N N O b/9 $ a� Pic s ~ L a0 •i••1 a r••� x W O ; aW a o W U A Z a z Y LL T Z a f%1 W d �3 do �w x w� U UW W AO a d H O H W C7 x U N O O M i O O M O O O O O O O O 000 � n o °o N [� � M �G M b14 M O O M O VMl M W U a w O A w O U oa V� w� O O O O tn f�4 0 0 0 O O N M bl4 O O O 0 O O O M b9 �O w� �V Ow �w w� �o �A O� a Or 0 0 0 0 � N � Gol� ~ O O O � v� w � z � a rl N 0 0 0 O O N M bl4 O O O 0 O O O M b9 �O w� �V Ow �w w� �o �A O� a Or a V � w � z � a N O w � N � H � O � 0 0 0 O O N M bl4 O O O 0 O O O M b9 �O w� �V Ow �w w� �o �A O� a Or W 0 F- z W m W O w Q. J a a a U N O r O O N U. F- w O IL W w U) H a U) 0 z w a w N 0 0 N L L E a� cn 0 0 c Nc I-t ti O 0) G C 6 1 1 o 1- LO N ' co r � N M co (6 o co O r d r Q) co m �O 6R 0 co d' r 07 0o d' i M 01 1` w V to co C N N R 00 O oc a 4 CD CO O N 3 C M O N = O 4. ' w � N NW I.L M M c � Q9, � W. � vi w Q a CD a Cl O V 0 CD CD O 0 Q 0 O 0 Z 0. N W } m LL co Ln � Q O W m _ U N O M N y m N d� I� () w oc ti 1- N �y (A cm w C H LL r M M V9 Z K-? 4a O 69 ER O w N X ~ w W � J ca Q oa 0 M 0 0 c Nc I-t ti O 0) G C 6 1 1 o 1- LO N ' co r � N M co (6 o co O r d r Q) co m �O 6R 0 co d' r 07 0o d' i M 01 1` w O to co rl- N N 00 O oc a 4 CD CO O LO ) Ln M N O O r ' N Eri N M M c � Q9, � W. � vi O CD a Cl 0 0 CD CD O 0 O 0 0 �p M LO co Ln M ti O r _ _ N O M N cG O� d� I� 00 ti 1- 00 (A N r M M V9 EH K-? 4a 69 69 ER ~ � J ca oa O CY) t: Z o o E c Q 3 �, C � t E 0 0 E a E 3 E 3 a u o o co o LO 0 cn C cn a, o CL a cn aa)i r , E a) E W CU C U O CL �w a z w Q w m V O r� N a w J Q L cn LL W W O z O Q z a J CL w U NQ 'i V/ V y c c c O O O z o -0 o LQ Lq -a =3 m (' L L ER bF} Eft i .0 0 00 E,19� v ♦� W c O 0 6F} c E �+ w c V � E y.r E U � � a O i 0 ti Eft v 'i z x (1) LL z o -0 L- -a =3 m (' L L L L L cu CL Q Q. (6 X a) � c E O Q x U w >-D U w L i .0 0 00 E,19� v ♦� W c O 0 6F} c E �+ w c V � E y.r E U � � a O i 0 ti Eft v 'i z O Na I.I. D Q Z NW I.L W m V O TL CD O N W Q M N C d S O V a� W J � 0 O V CD Q d N C W LL z Jd - a c R z o W N W Q LL m � W U : H SEEM . c- a) 00 T- a) M o) O (0 a) It CO � CO M cyi a) O a) -0 N N a) O O c 0 L a) O N t- ; 0 69 69 69 O Q O a) � L � Q a) Q k 0 its a) a) Q> C: N cB O (a Q) O 4O "3(-) O U a) m 0) 0 O O O U 0 o to O CD cu 0') M f� M U ca 00 M C.0 0') M 69 O O U*) V) E9 V) 6R E M 69 M E9 N 69 c- M 00 T- f` M o) O (0 a) It CO � CO M cyi 0) ti N N 0 69 6R 69 69 69 O Q O O O O O O 0 �r o cei L6 Co cu f� ti U ca M M � 69 Ef3 69 69 69 Ca) E E E C W aEi O E L 0 m `o cu J N ti ti a) 0 Q U E D O U) C ca CL c a) E ca 0 f— d' r U) C O C rn .6 a) C O 0 N N O U) LL V- H M r r ti v a) cn ca d c a) E 0 Q yE O 'IT 00 r ti U) c a) N 0 Q c O C m U) 0) 0) T- r` a) L) O C O O Q O O 0 C cu U ca 4) a) Ca) E E E (II L Q Lcu r .r- c a) N f- f` I* ti N e- M to V- o M M N In m N t0 00 le 6F? 1- 69 to ti N 00 Cfl I o rn co (D U) M N 00 69 1-: th 1 4 69 64 69 40 °o ° ° ° ° o o C) Co CT ci, 06 t- M N N co d' 6R 69 � V+ � c N N a) �a E 0 0 v = E- cu C O Q E L co c C a a) Q — a Eca 0 a W c CO a) C �-. E d > c a o 0 ca ~ L C: c O a`a) Q a Q M d 00 � ti w O CL W w cn N Q H Z 0 a Z X o W a Q 3 W W W y m o Z N � V OD W J r o J CD V N Q Q � W N J Cl) V/ LL N we ^yW L O V V m Q (� -0 N c M uj N O e- Q O Cl N c 1- W U- N d O R E N W W U m m O a C Z CL 0 O O O O o O 0 0 U' O a°i aa)) >+ L aa)) _0 >, L L O c L- O C a) O C a) O a) 00 o 0 Oi CL (6 Cfi 7 > N " O c 'O u) L O -0 O > '0 0 0 E "O O E 30 O C,4 N a) O O 3- a) a) Npp U N CO cnOO (D a W a -he E S E E S E LO O O O O O O 0 U O U) 4- 0 U O C) 3 N N N N N M 00 LO O co It C14 co 00 N I- N It 00 00 00 1- N LO L6 ti O LO LO co ti N pl-� L r' 0) 0) 0 000 d' CO � � � bf} 1- 6-i 6F3 O O O O o O 0 O O O 0) � M co N It 00 O LO co (6 Cfi E a) 0 cu CL IL 0 Q 0 L c c m N m T) E O Lo a) I— O c O J C O U) rn c Q a N ca p N N 0 U O 0 m C O ti M N Ln N c O c O c CD c O m U) 0) c .Q c 0 c N U) O LO E I- N a) z rn 0 a c O O c m a�Ei N c O U O U cn O O c a) E O m c c� a) 0 CL c ca Q U U) c O m U) c .Q CL ti N_ co c O L O c N cu m CL U � c � ,It M N f- ,:t T- M M r � r LO � O ER It co 06 lqi ti ti be, O; oC> °o Lri 06 O O � N V- N r O 7 0 0_ a) a) c U a) m s U c 0 of c cu Lti LO LO ,1: 't ti 00 Ln M O ,' N Ln � N l M 00 Cl M M d9 � °O °O O O LO N T- F- m � L � O � O I O O p 3 � o � 3 aL. F°- E E a) m a � O c d O N aU) CO U 0 a) L_ O iO i M O r� a0 N 4 Cl r �D 6R � ER N N 0) LO O N 6n 619, °O °O O O L6 VZ M tC O of N H ad H d t C1 3 O R Y o c � L H R '0 L c 0 f° a` C >+ =3 N O a) V L O O O 0 N O O Ln I.L. 0 a. Q �I 0 I Z ' W I N� I LL I Q ! LU I I m I N' O rI O OI N' W J Q LL CD i 0 i n. .y Z ) 2 LLI 0 Q IL J W 0Z W . t9 r C d E O U v 00 Q U � CA LY C = L N 7 O Q 00 V N C W LL N d O � E CD N W W U m H 0 CL O Z a 0 a`) c a� U O) C I-- U .O D 0) Oo T R CL. N () a� 0 O 0 c L U a) I- C O N E O c to rn 00 to a) 0 'o a E C L CD O aL o 0 Q � E E a c� E a) R � L O d C Q (� CD U C CU a) U) V a) a) a) "O E c E O �. It O 4— O a) U O -0 s. O CL 00 O :3 .0 m E L U co LOA U 0 It m 0 It � N LO Go It M 69 M 69 69 Eg fi). � M 't M M ONO O 69 CD I- O I- 69 Ef} 1- V- 69 t0). 0 CD 00 O 00 0 00 0 0 0 0 0 C:� Ln L6 Ln C; 0 ti ti ti LO 0') CO) 6R 69 69 a`) c a� U O) C I-- U .O D 0) Oo T R CL. N () a� 0 O 0 c L U a) I- C O N E O c to rn 00 to a) 0 'o a E C L CD O aL o 0 Q � E E a c� E a) R � L O d C Q (� 0 CL W a Z W CL ZW" tn W 0 Wa W 0 W 0. Q m O G Ua-j N 2U C LL U r O W Q � � � Q N a= W y a V/ L O ^L W C O U CL -0 O G1 p O O E _ C E ca O w C O O "O U =p C� 0+,� U U a) cn Q ca cn ca N E � V O O x �= O 0 0 Lu a s U) ° m a a O I` O O M NT ti V m 0 O O N lr,- d1 Q U O ti 06 O cn uS O y 0 T- � v 04 CO L � N (D } 64). O N O t4 00 O ti 00 Ln N 7 O Ln O v 000 COO tM c Q 61�1 609. � � � N C y, W LL O O O O N) O O O O O O O O O O O c O N I-- O O O M CD LO U CO 000 ,I- e9- N Ef} V> e 3 ti N W >- m LL U C N y L O m c E c ° O w H cn � N E =3 U O E a ° L cn N co C I_— = 0 n. a a L ca =3 r-+ m 4a m 0 N O a 1 LL _ L 0. , I U d V m ca O cu m V O > d 0 70 O N U N N O U U U U U U O C 0U w Q O Z `_ M i.. co � O Q CL c°n fl— ti Z 0 W z W W w J Q F- U N O r O O N i' LL _ M W 3 v L W u m d- LC) 00 m cn N f` 0c0 � ti LO 00 T" C Q) O 00 r C L t09� 6 r r 6ct �C C .a) L L O O O C 0 0 o C O O O C C.0 Itt LO Itt r 0) L N C6 V- O >, cn O �- a� cn CY) -0 'E _c CU o W U J O o4-0 D lL 0 I- I� LO 00 19T LO O ti In 01) N Co 00 O O r 0o /� N 00 T" N 00 O O C/) F- N 1- 4 N (6 C� I%- L co ^ m ( C7 � O mot' O N Q� O ( r- N r- N V M E!�} w IL 0 N Z LL O J N Q LL EW CD Q Z L) a y = N i V _ 0,5 0,5 a� OF— F— u- CV °' 4 4-0 = J ,� cm ,0 :3 0 Q a C� o 0 0� Q C� Q O Q U H W Z