HomeMy WebLinkAbout06. Approve update to Section 6 of BP 037 to authorize General Manager to execute real property type documents, licenses Page 1 of 13
Item 6.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: OCTOBER 21, 2021
SUBJECT: APPROVE REVISIONS TO BOARD POLICY BP 037 - DELEGATION OF
AUTHORITYTO GENERAL MANAGER, EXPLICITLY WITHIN SECTION 6
TO ADDRESS AUTHORITY RELATED TO REAL PROPERTY MATTERS,
INCLUDING LEASES, RIGHTS OF ENTRY, EXECUTION OF REAL
PROPERTY LICENSE AGREEMENTS, RESTORATION AGREEMENTS,
ENCROACHMENT PERMITS, LICENSES, AND SIMILAR DOCUMENTS
AFFECTING ACCESS TO OR USE OF REAL PROPERTY
SUBMITTED BY: INITIATING DEPARTMENT:
HEATHER RAMAMURTHY MANAGEMENT ENGINEERING AND TECHNICAL SERVICES-
ANALYST PDS-RATES AND FEES
THOMAS BRIGHTBILL, SENIOR ENGINEER
REVIEWED BY: DANA LAWSON, SENIOR ENGINEER
DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION
MANAGER
JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL
SERVICES
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
ISSUE
Changes to a Board Policy require the review and approval of the Board of Directors.
October 21, 2021 Regular Board Meeting Agenda Packet- Page 36 of 382
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BACKGROUND
BP 037 delegates certain authorities to the General Manager, including Section 6 which describes
delegated authorities for easements, leases, and other real property instruments.
BP 037 currently delegates the authority to "purchase or otherwise obtain rights of entry and approve
restoration agreements, encroachment permits, real property agreements, and similar documents." The
proposed changes would explicitly add licenses to the list.
The proposed changes would allow the General Manager to grant those same real property instruments
as currently allowed, provided that such grants would not "unreasonably restrict or impair the carrying out of
Central San activities."
The proposed changes would expand the title of subsection b. to include encroachment permits and
licenses, which better reflects the authorities contained in that subsection.
Finally, the proposed changes would expand the the title of Section 6 to include "other Real Property."
A markup of Section 6 is included as Attachment 1 to this Position Paper. Attachment 2 represents the
proposed amended BP 037 with the changes incorporated.
ALTERNATIVES/CONSIDERATIONS
The Board of Directors could decline to make some or all of the proposed revisions.
FINANCIAL IMPACTS
None.
COMMITTEE RECOMMENDATION
The Administration Committee reviewed this matter at its meeting on October 5, 2021 and recommended
approval.
RECOMMENDED BOARD ACTION
Approve the proposed changes to Section 6 of Board Policy (BP) 037 - Delegation ofAuthority to
General Manager.
Strategic Plan re-In
GOAL ONE: Customer and Community
Strategy 1—Deliver high-quality customer service
ATTACHMENTS:
1. BP 037 Section 6 proposed changes (redline)
2. Proposed updated BP 037 (with amendment)
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Attachment 1
BP 037 Section 6 Proposed Changes
6. Easement Acquisitions,a-R4 Leasing, and other Real Property
a. Acquisition of Easements.The General Manager is authorized to negotiate for grants of
easements or offers of dedication and, where required, purchase easements and offers
of dedication in favor of Central San.This delegation is limited to easement acquisitions
or exchanges in amounts up to$200,000 each when easement acquisitions are included
in project budgets. Easement acquisitions or exchanges valued in excess of$200,000
require separate Board action.The General Manager shall also be authorized to prepare
the documentation as may be required for recording the property rights with the
County Recorder's Office, and to take other such action as may be required to
implement the acquisition of said easements and offers of dedication.The General
Manager will provide periodic reports to the Board on such purchases and expenditures.
However,the Board shall retain the sole power to accept by resolution any and all
easements and offers of dedication received by Central San. After acceptance of an
easement or dedication by the Board, the General Manager shall have the authority to
record said easements and offers of dedication for the purpose of providing legal notice
of Central San's acceptance and the property rights contained therein.
b. Rights of Entry, Encroachment Permits, Licenses, etc.€#&The General Manager is
authorized to purchase or otherwise obtain rights of entry and approve restoration
agreements, encroachment permits, licenses, real property agreements, and similar
documents affecting access to or use of real property deemed necessary or prudent for
the carrying out of Central San activities. If recording of any such documents is required
to create permanent rights and legal notice with regard to such real property matters,
such documents will require Board approval for formal acceptance and authorization to
record.
The General Manager is authorized to grant rights of entry and approve restoration
agreements, encroachment permits, licenses, real property agreements, and similar
documents affecting access to or use of Central San's real property if such grant does
not unreasonably restrict or impair the carrying out of Central San activities.
C. Real Property Agreements. Pursuant to Resolution No. 2021-008,the General Manager
is authorized to approve, execute, and record with the County Recorder's Office real
property agreements intended to address any existing and/or proposed Class One
encroachments as well as existing known and unknown Class Two encroachments as
defined by District Code 7. 15. 010.
However,the Board has retained the sole power to approve, execute, and authorize the
recording of any real property agreements related to new Class Two encroachments, as
defined by District Code 7. 15. 010.Any such proposed new Class Two encroachments
shall continue to be presented to the Board for consideration.
d. Funding.The General Manager is authorized to fund the purchase of easements, offers
of dedication, and similar real property-related rights, provided adequate funding is
included in Central San' s Board-approved Capital Improvement Budget.
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e. Lease Agreements.The General Manager, in accordance with the provisions of
Chapter 7. 08 of the District Code, is authorized to execute agreements relating to the
leasing out of Central San property which has been declared by the Board after a public
hearing as not needed for Central San's operations for the period covered by the lease
term.
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Attachment 2
Number: BP 037
Authority: Board of Directors
Adopted: 8/16/2018
Revised: 01/17/2020, 01/21/2021, 10/21/2021
Reviewed: 06/17/21, 10/5/21
Initiating Dept./Div.: Board of Directors/ CENTRALSAN
Secretary of the District
BOARD POLICY
DELEGATION OF AUTHORITY TO GENERAL MANAGER
PURPOSE
The proper functioning of the Central Contra Costa Sanitary District ("Central San")
requires that the General Manager and his or her staff have adequate authority to carry
out both the routine and reoccurring functions as well as the emergency functions of
Central San. With the exception of the Board's delegation of authority and limitations on
staff authority through the approval and adoption of the Central San Budget as well as
Board Policy No. BP 036 — Informal Bidding, this policy consolidates and clarifies the
Board's delegation of authority to the General Manager and his or her designee and
helps to ensure the efficient operation of Central San.
POLICY
The General Manager and his or her designee shall have the authority to carry out the
functions of Central San as follows:
1. General Authorization
The General Manager is authorized to execute all deeds, contracts, warrants,
releases, receipts and similar documents for and on behalf of Central San in
accordance with California Health and Safety Code §6487, including all
documents prepared and circulated as part of the public competitive bidding
process. Nothing in this Section 1 is intended to alter or eliminate any other
statutory or District Code procedural requirements which may exist.
2. Emergency Powers
Pursuant to California Public Contract Code (PCC) §22050(b)(1), the Board has
delegated to the General Manager via Resolution No. 2020-002 the authority to
order any emergency action pursuant to PCC §22050(a)(1) as follows:
a. Immediate Action in Emergencies. The General Manager has the power
to take any directly-related and immediate action required by an
emergency, as defined in PCC §1102, and to procure the necessary
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Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
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equipment, services, and supplies for those purposes, when the
anticipated expenditures may exceed the lower limit of the threshold
requiring bidding for a project under the amount specified by PCC
§22032(a) (currently $60,000), without giving notice for bids to let
contracts.
b. Reportinq to the Board. In the event of an emergency, as defined, the
General Manager shall report to the Board not later than 7 days after the
action, or at its regularly scheduled meeting if that meeting will not occur
later than 14 days after the action, the reasons justifying why the
emergency will not permit a delay resulting from a competitive solicitation
for bids and why the action is necessary to respond to the emergency.
C. Regular Review Required. In the event of an emergency, as defined, the
Board shall initially review the emergency action as set forth in paragraph
b. above, and at least at every regularly scheduled meeting thereafter until
the action is terminated, to determine, by a four-fifths (4/5) vote, that there
is a need to continue the emergency action, unless the General Manager
has terminated that action prior to the Board's review of that action.
d. Termination of Emergency. Upon its review of the emergency action, the
Board shall terminate that action at the earliest possible date that
conditions warrant so that the remainder of the emergency action
necessitated by the emergency may be completed by giving notice for
bids to let contracts.
3. Emergency Operations Plan
a. Director of Emergency Services. The General Manager is delegated the
authority to appoint a Director of Emergency Services and has the authority
set forth in Resolution No. 2020-003, or as set forth in Central San's most
recently adopted Emergency Operations Plan resolution or as amended by
state law.
b. Proclamation of Local Emergency. Under emergency conditions in which
immediate action must be taken to protect lives and property, respond to
emergencies, and to restore essential services for the public health and
safety, the Director of Emergency Services may activate the District's
Emergency Operations Plan and proclaim a local emergency.
C. Managing Emergency Operations. Upon proclamation of a local emergency,
the Director of Emergency Services will direct and manage all emergency
operations and make decisions to allocate resources and expend funds as
necessary to meet the needs of the emergency.
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Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
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d. Ratification of Proclamation of Local Emergency. The Board shall meet within
seven (7) days of proclamation of the local emergency to ratify the
proclamation by resolution and authorize continued emergency operations
and recovery actions.
e. Duration of Proclamation. The proclamation of local emergency shall remain
in effect for fourteen (14) days from the date of ratification, unless terminated
or extended by the Board.
f. Modifications to Emergency Operations Plan. The Director of Emergency
Services shall be authorized to make modifications to the Emergency
Operations Plan and modify practices and procedures to maintain compliance
with the California Emergency Services Act (CESA).
4. Use of Small Claims Court
The General Manager is authorized to pursue civil remedies against persons or
entities in California Small Claims Court, including seeking judgments and any
other remedies available within its jurisdiction.
5. Claims Handling
a. Rejection of Claims. The General Manager is authorized to act on behalf
of the Board pursuant to Government Code §§910, et seq. to reject, return
as insufficient, or return as untimely any claims against it, and to provide
any notices authorized under those statutes on behalf of Central San.
b. Settlement/Payment of Claims. Pursuant to Government Code §935.4
and Resolution No. 2020-004, the Board delegates the authority to the
General Manager to allow, compromise or settle claims against Central
San not exceeding $50,000, and to authorize payment of any such claims
up to the stated limit. The term "claims" excludes District expenses,
including emergency response costs, incurred as part of the claims
adjusting process.
C. Reportinq of Settlements. All settlements greater than $25,000 and less
than $50,000 will be reported promptly to the Board as informational items
at a publicly-noticed Board meeting.
6. Easement Acquisitions, Leasing, and other Real Property
a. Acquisition of Easements. The General Manager is authorized to negotiate
for grants of easements or offers of dedication and, where required,
purchase easements and offers of dedication in favor of Central San. This
delegation is limited to easement acquisitions or exchanges in amounts up
to $200,000 each when easement acquisitions are included in project
budgets. Easement acquisitions or exchanges valued in excess of
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Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
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$200,000 require separate Board action. The General Manager shall also
be authorized to prepare the documentation as may be required for
recording the property rights with the County Recorder's Office, and to take
other such action as may be required to implement the acquisition of said
easements and offers of dedication. The General Manager will provide
periodic reports to the Board on such purchases and expenditures.
However, the Board shall retain the sole power to accept by resolution any
and all easements and offers of dedication received by Central San. After
acceptance of an easement or dedication by the Board, the General
Manager shall have the authority to record said easements and offers of
dedication for the purpose of providing legal notice of Central San's
acceptance and the property rights contained therein.
b. Rights of Entry, Encroachment Permits, Licenses, etc. The General
Manager is authorized to purchase or otherwise obtain rights of entry and
approve restoration agreements, encroachment permits, licenses, real
property agreements, and similar documents affecting access to or use of
real property deemed necessary or prudent for the carrying out of Central
San activities. If recording of any such documents is required to create
permanent rights and legal notice with regard to such real property
matters, such documents will require Board approval for formal
acceptance and authorization to record.
The General Manager is authorized to grant rights of entry and approve
restoration agreements, encroachment permits, licenses, real property
agreements, and similar documents affecting access to or use of Central
San's real property if such grant does not unreasonably restrict or impair
the carrying out of Central San activities.
C. Real Property Agreements. Pursuant to Resolution No. 2021-008, the
General Manager is authorized to approve, execute, and record with the
County Recorder's Office real property agreements intended to address
any existing and/or proposed Class One encroachments as well as
existing known and unknown Class Two encroachments as defined by
District Code 7.15.010.
However, the Board has retained the sole power to approve, execute and
authorize the recording of any real property agreements related to new
Class Two encroachments, as defined by District Code 7.15.010. Any
such proposed new Class Two encroachments shall continue to be
presented to the Board for consideration.
d. Fundin . The General Manager is authorized to fund the purchase of
easements, offers of dedication and similar real property-related rights,
provided adequate funding is included in Central San's Board-approved
Capital Improvement Budget.
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Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
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e. Lease Agreements. The General Manager, in accordance with the
provisions of Chapter 7.08 of the District Code, is authorized to execute
agreements relating to the leasing out of Central San property which has
been declared by the Board after a public hearing as not needed for
Central San's operations for the period covered by the lease term.
7. Joint Powers Agreements
a. Board-approved Construction Projects. The General Manager is
authorized to execute Joint Powers Agreements and similar cooperative
agreements with cities, counties, special districts and other government
entities relating to Board-approved construction projects, such as paving
or landscaping, where the funds exchanged in the agreement do not
exceed $200,000.
b. Other Construction Activities. The General Manager, or his or her
designee, is authorized to execute Joint Powers Agreements under Board-
approved projects designated to exchange funds related to construction
activities, such as raising manhole covers, where the funds exchanged in
the agreement do not exceed $200,000.
8. Contracts for District Projects Not Exceeding the General Manager Public
Works Delegation Limit
Pursuant to PCC §22034 (c), the General Manager's Public Works Delegation
Limit is $200,000 or the amount of the informal bid limit as established
periodically by the State of California through Statute (PCC §22032(b)) related to
the Uniform Public Construction Cost Accounting Act (UPCCAA).
The General Manager is authorized to take such actions as are statutorily
provided to the Awarding Body for contracts for District Projects of not more than
the General Manager's Public Works Delegation Limit provided legally
appropriate bidding or procurement procedures have been undertaken.
See Exhibit A.
9. Professional Consulting, Technical Consulting and Professional
Engineering Services Agreements
a. New Agreement Authorization Limit. The General Manager is authorized
to approve and execute services agreements for Professional Consulting,
Technical Consulting and Professional Engineering that do not exceed
$200,000 in total cost.
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Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
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b. Agreement Amendments. The General Manager is authorized to amend
services agreements for Professional Consulting, Technical Consulting
and Professional Engineering as follows:
1) Current Agreement - $2 Million or Less. For agreements with a
current amount of $2 million or less, the amendments shall not
exceed $100,000.
2) Current Agreement— More than $2 Million. For agreements with
an original amount of more than $2 million, the amendments shall
not exceed $200,000.
3) Amendments Causing Agreement Total to Exceed $200,000.
Board approval is required to amend any agreement originally
signed by the General Manager under this delegation of authority if
the initial agreement and amendment(s) combined exceed
$200,000.
The above limits are cumulative.
C. Reportinq Requirement. Any professional consulting agreements entered
into by the General Manager between $50,000 and $200,000 will be
periodically included in an informational announcement to the Board.
See Exhibit A.
10. District Projects and Capital Improvement Program
a. Capital Improvement Program Authorization Limits. The General
Manager is authorized to expend funds available within the Capital
Improvement Budget as set forth and limited by the amounts and other
limitations set forth in Exhibit A.
b. Change Orders. The General Manager is authorized to approve change
orders (cumulatively) up to the construction contract contingency budget
determined at time of award on all District Projects, limited by the
authorizations defined in Exhibit A. As a guideline, typically the contract
contingency shall not exceed 10 percent of the award amount. The
percentage may be adjusted to a lower figure for larger projects or may
be increased on projects where special circumstances are present. Such
lower or higher contingency amount will be evaluated on a case-by-case
basis.
C. Increase to Contract Contingency. Board authorization is required to
increase the contract contingency budget amount on contracts awarded
by the Board after time of award.
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DELEGATION OF AUTHORITY TO GENERAL MANAGER
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See Exhibit A.
11. Contracts for Goods and Services
a. Limited by Annual Operatinq Budget. The General Manager and Purchasing
and Materials Manager are authorized to award and enter into contracts and
purchase orders for goods and services that are not "professional services" or
"public works contracts," such as utilities, maintenance services, equipment,
chemicals and supplies so long as overall spending does not exceed the
Board's annual adopted operating budget, provided purchasing policy and
procedures are adhered to.
12. Procurement Cards
The General Manager is authorized on behalf of Central San to enter into credit
card agreements and administer the credit card program on behalf of Central
San.
13. Personnel Actions Otherwise Reserved to Board pursuant to District Code
Chapter 4
The General Manager is authorized to take the following personnel actions which
are otherwise reserved to the Board pursuant to Chapter 4 of the District Code:
a. Adds/Cancels. The addition or deletion of any permanent positions
approved in the annual budget (Section 4.04.020 of the District Code).
These deletions and additions may not exceed the number of authorized
positions and result in an increase in Central San's annual budgeted labor
costs.
b. Classifications. The establishment of new classifications and assignment
of pay grade within the existing salary schedule, as well as any
amendments to or the abolition of classification descriptions. These
actions may not result in an increase of Central San's annual budgeted
labor costs (Sections 4.12.010 and 4.12.040 of the District Code).
C. Manager Appointments. The appointment of management-level positions
(Section 4.16.070(a) of the District Code).
14. Other Personnel Actions
The General Manager is authorized to take the following actions without Board
approval:
a. Transitional Positions: Authorize up to five (5) General Manager
"transitional positions" at any given time for up to 24 months to backfill
positions vacated due to an extended leave of absence or as necessary to
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DELEGATION OF AUTHORITY TO GENERAL MANAGER
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properly address succession planning. General Manager "transitional
positions" are positions not necessarily authorized in the annual budget.
The cost associated with these appointments cannot result in an increase
in Central San's annual budget.
b. Appointments/Disciplinary Actions. Make appointments and promotions,
take disciplinary actions and take such other actions as required for the
proper operation of Central San, provided such actions are consistent with
the then current Central San personnel rules and procedures, Memoranda
of Understanding (MOU) and Board Policies.
C. Employee Recognition. Grant administrative leave for employee
recognition purposes, such as for safety awards or similar special
recognitions for undertaking Central San responsibilities outside of the
employee's existing job function. The granting of such leave will be
evaluated by the General Manager on a case-by-case basis.
d. Other Actions. Take any other actions as set forth in the Board approved
MOUs with Central San's bargaining units.
15. Records Management Program
a. Records Retention Schedules. Pursuant to Resolution No. 2019-051, the
General Manager is authorized, in conjunction with District Counsel, to
approve all revisions to Central San's Records Retention Schedules
involving the following: changes in state law, changes in record keeping
practices or operational needs, lengthening of retention periods, and
changes determined by District Counsel to be of a ministerial nature.
Board approval is required by resolution for changes to the Records
Retention Schedules involving the following: shortening of retention
periods, and changes determined by District Counsel to be substantive.
[Original retained by the Secretary of the District]
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EXHIBIT A
Capital Improvement Program Authorization Limits
Action General Manager Board
Approve Capital Improvement Plan and Budget None No limit
CIPICIB
Transfer funds to individual project budgets $500,000 or less Greater than$500,000
Professional Consulting Services
Enter into Technical Consulting Services $200,000 or less Greater than$200,000
Agreements
Professional Engineering Services
Amend Amend Agreements<_$2 million $100,000 or less 2 Greater than$100,000
Agreements Amend Agreements>$2 million $200,000 or less 2 Greater than$200,000
Transfer funds from CIB contingency account to $200,000*or less per Greater than$200,000*
projects not included in the CIB project 3
Authorize purchase of individual equipment Not to exceed the limit of the No limit
items Equipment Budget
Authorize supplemental funds to program budgets None No limit
and contingency account
Award construction contracts 4 $200,000*or less Greater than$200,000*
Authorize Additive $200,000*or less Greater than$200,000*
Construction No limit; if greater than$200,000,
Change Orders Deductive informational announcement to Not applicable
Board
Authorize subcontractor substitutions All substitutions unless protested Substitutions protested by
by subcontractor subcontractor
Accept construction projects All projects Informational announcement to
Board
Close out projects All projects Memo provided to Board at fiscal
yearend
Acquire easements $200,000 or less Greater than$200,000
Limited by the remaining balances of the applicable program and contingency account.
2 This limit is cumulative.
3 Limited by the remaining balance of the applicable contingency account.
4 Bid protests and rejection of all bids must go to Board with the exception of those under$200,000 and which fall under the
provisions of the Uniform Public Construction Cost Accounting Act(UPCCAA)(California Public Contract Code§§22042 and
22042.5).
*These limits shall be raised concurrently with changes to the UPCCAA(California Public Contract Code§22032(a), representing
the threshold above which formal bidding is required.
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