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
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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
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Appeared �arlJ� F. Li Y1 �i'•
Name(s) of Signers)
personally known to me
-OR- ❑ proved to me on basis of satisfactory
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evidence to be the person(s) whose name(s)
is /are subscribed to the within instrument
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and acknowledged to me that he /she /they
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executed the same in his /her /their authorized
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capacity(ies) and that by his /her /their
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signature(s) on the instrument, the person(s)
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WITNESS my hand and official seal
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Signature of Nota
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CAPACITY CLAIMED
BY SIGNER
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❑ CORPORATE OFFICER(S)
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Describe
SIGNER IS REPRESENTING:
Name of Persen(s) er Entity4es)
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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
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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)
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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-
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❑ 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
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SIGNER IS REPRESENTING:
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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–'
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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
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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
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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
�..
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(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
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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
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