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HomeMy WebLinkAboutAGENDA BACKUP 03-07-91 . Centre.. :ontra Costa Sanitar) ..listrict BOARD OF DIRECTORS PAGE 1 OF 8 POSITION PAPER BOARD MEETING OF March 7, 1991 NO. 3. HEARINGS a. SUBJECT HOLD A HEARING AND ADOPT A RESOLUTION OF NECESSITY FOR THE PURPOSE OF INITIATING ACQUISITION OF PUBLIC SEWER EASEMENTS BY EMINENT DOMAIN FOR THE ARLENE DRIVE SEWER IMPROVEMENT PROJECT, DP 4539 DATE March 4, 1991 TYPE OF ACTION CONDUCT HEARING AUTHORIZE RESOLUTION SUBMITTED BYTad J. Pilecki Senior Engineer INITIATING DEPT/cengineering Department! Engineering Division ISSUE: A hearing must be conducted and a resolution of necessity must be adopted prior to initiating acquisition of public sewer easements by eminent domain. BACKGROUND: The Arlene Drive Sewer Improvement Project, District Project No. 4539, consists of replacing approximately 3,200 feet of existing 6- and 8-inch sewer mains in Arlene Drive between Newell Avenue and Orchard Lane in Walnut Creek. These existing sewers have insufficient capacity under wet weather conditions and have numerous maintenance problems. Exhibit A shows the proposed sewer alignment. Staff will provide a brief presentation to the Board of Directors on the project. To construct the proposed Arlene Drive sewer improvements, permanent and temporary easements are needed across five properties. Three of these easements have already been acquired. The District has been negotiating with the remaining owners, Mr. and Mrs. Morris and Mr. and Mrs. Batts), but has been unable to reach an agreement to date. Appraisals of the permanent and temporary easements have been performed for both properties, including the costs of any improvement replacement. The District made an initial offer of $8,255 to Mr. and Mrs. Morris for the purchase of the permanent and temporary easements across their property. Mr. and Mrs. Morris felt that the issue of landscape improvements was not adequately addressed and requested the District to re-evaluate its appraisal. Additionally, Mr. and Mrs. Morris wanted to extensively modify the District's standard Grant of Easement conditions. The District re-evaluated its original offer and hired a landscape firm to review the compensation for landscape damages. Staff also tried to address Mr. and Mrs. Morris' concerns with respect to the Grant of Easement conditions. Based on this re-evaluation, the District revised its position and made an offer in the amount of $14,248 to compromise the dispute. To date, Mr. and Mrs. Morris have not accepted the District's latest offer and have requested to address the Board of Directors during the Public Hearing. The District has also made an offer of $1,542 to Mr. and Mrs. Batts, which the District's appraisal reflects as the fair market value for the purchase of the permanent and temporary easement across their property. Mr. and Mrs. Batts have requested that the District restore TJP DRW RAB KLA L REVIEWED AND RECOMMENDED F R BOARD ACTION j)~ P4Jf3 INITIATING DEPT./DIV. 1302A.9/85 SUBJECT HOLD A HEARING AND ADOPT A RESOLUTION OF NECESSITY FOR THE PURPOSE OF INITIATING ACQUISITION OF PUBLIC SEWER EASEMENTS BY EMINENT DOMAIN FOR THE ARLENE DRIVE SEWER IMPROVEMENT PROJECT, DP 4539 POSITION PAPER PAGE 2 OF DATE February 26, 1991 their landscape to its preconstruction condition in lieu of compensation for damages to the landscape. Restoring landscape and improvements to the preconstruction condition is a standard District practice. Staff feels that the latest offer of $1,542 made to Mr. and Mrs. Batts reflects the fair market value of the land and improvements. The offer of $14,248 to Mr. and Mrs. Morris is in excess of the District's fair market value appraisal of $8,255 and was made to compromise the dispute. Prior to initiating condemnation, the District must conduct a hearing to receive input from the property owners and other affected interests. Property owners have been notified at least 15 days in advance of the hearing, as required by California Code Civil Procedure Section 1245.235. RECOMMENDATION: Conduct a hearing to receive input from property owners on the following issues: 1. whether public interest and necessity require the project; 2. whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and 3. whether the property rights sought to be acquired are necessary for the project. After the conclusion of the hearing, adopt the attached Resolution of Necessity to acquire permanent and temporary sewer easements by eminent domain for the Arlene Drive Sewer Improvement Project, District Project No. 4539. 13026-9/85 - .'-~-_._"-'---'-'-._--'--'--"""'--'."---""'" ....---,..-.-.---. --~~--"-",._._---_._-_._"..__""~_.~_____.._..__._....... _...._..".___..._~......"._.._.d__.._.__..,.._.,.,.>_.,__...._,_._.._,..____,,_...____~_.._ 1622 Orchard Lane Walnut Creek, CA 94595 March 5, 1991 Secretary of the District Central Contra Costa Sanitary District 5919 Imhoff Place Martinez, C A 94553 RE: Our letter, dated February 24, 1991 - Request to be heard at March 7 Board of Directors meeting Dear Sir: Based upon a negotiated settlement on the matter of the Arlene Drive Sewer Upgrade Project, and its affect upon our property, there is no need for us to speak to the Board of Directors at the March 7 meeting. With this letter, we hereby withdraw our request to so speak. Your(:,~IYll ~ ~'v~ G. Scott Mor ris ~~ Laura J. Morris lN~~~U~~[j fEB 2 5 1991 CCCSO l:''''''!''.''"!'' ^ ~'f .I'\r:.,....l! ...~I"'" 1622 Orchard Lane Walnut Creek, CA 94595 February 24, 1991 Secretary of the District Central Contra Costa Sanitary District 5lU9 Imhoff Place Martinez, C A 94553 Dear Sir: We wish to be heard at the Board of Directors meeting on Thursday, March 7, 1991, on the matter of Resolution of Necessity being brought before you. Yours~~~_l_ , ~/~J I~ ~o~ Laura J. Morris EXHIBIT A I/' DP 4539 ARLENE DR. SEWER IMPROVEMENT z:se .'VC"X.5" T W E N 2 1505 .. 1515 ,..." --- 1517 / '~$O~' a: 0 ,.>>,,., 15Z5 I '~D~' ,,,ov 1529 " /5JJ ",..u ~:::: !:e~ PROPOSED ,. RESOLUTION NO. A RESOLUTION OF NECESSITY AUTHORIZING THE ACQUISITION OF A PUBLIC SEWER EASEMENT FOR SEWER LINE PURPOSES WHEREAS, Pursuant to the State of California Health and Safety Code Sections 6512 and 6514, and Part 3 Title 7, of the Code of Civil Procedure, the Central Contra Costa Sanitary District is empowered to acquire sewer easements for public use, to wit, sewer line purposes. WHEREAS, the Central Contra Costa Sanitary District has identified the need to acquire permanent and temporary public sewer easements more particularly described in Attachment" A," attached hereto for said purposes. Said easements are located within an incorporated area of the City of Walnut Creek, County of Contra Costa, State of California. WHEREAS, on the 19th day of February 1991, the District gave notice required by law of the hearing on this Resolution. WHEREAS, written requests to appear and be heard were received from: WHEREAS, due consideration of all oral and documentary evidence has been taken. NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District, by vote of at least two thirds of its members, does FIND AND RESOLVE as follows: 1 . The public interest and necessity require the project for which said public sewer easements are to be acquired. 2. The proposed project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; and 3. Said public sewer easements are necessary for the proposed project. BE IT FURTHER RESOLVED THAT: The Counsel for Central Contra Costa Sanitary District, Kenton L. Aim, is hereby authorized and empowered: To acquire in the District's name, public sewer easements by condemnation; To prepare and prosecute in the District's name, such proceedings in the proper court as are necessary for such acquisition; and To deposit the probable amount of compensation, based on an appraisal, and to apply to said court for an order permitting the District to take immediate possession and use said sewer easements for said public uses and purposes. PASSED AND ADOPTED this 7th day of March 1991, by the District Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: NOES: ABSENT: Members: Members: 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: District Counsel A IT ACHMENT . A. PROPERTY AND EASEMENT DESCRIPTIONS SA TIS PROPERTY Property DescriPtion That real property situated in the County of Contra Costa, State of California, described as follows: Parcel "A," as shown on the Parcel Map (M.S. 118-74) filed April 25, 1975, in Book 37 of Parcel Maps, page 34, Contra Costa County Records. PERMANENT SEWER EASEMENT DESCRIPTION: A strip of land ten (10) feet in width lying within Parcel A, as said parcel is shown on that certain Parcel Map recorded April 25, 1975, in the office of the Recorder of Contra Costa County, in Book 37 of Parcel Maps, at page 34, the centerline of which is described as follows: Beginning at a point on the North line of said Parcel A, distant thereon South 89049'30" West (South 89058'23" West - map bearing) 21.32 feet from the Northeast corner thereof; thence, from said point of beginning, South 7033'37" West, 9.32 feet; thence from a tangent which bears South 12049'44" East, Southerly along a curve concave to the West, having a radius of 786.17 feet, a central angle of 2039'25", an arc distance of 36.46 feet to a point on the Southeasterly line of said Parcel A, distant theron, South 42011 '33" West, 24.42 feet from the Southeast corner of said Parcel A. The sidelines of said ten (10) feet in width strip of land to be lengthened or shortened to extend entirely across said Parcel A. Bearings are based upon the California State Coordinate System, Zone II. TEMPORARY CONSTRUCTION EASEMENT DESCRiPTION A strip of land ten (10) feet in width lying within Parcel A paralleling the west side of the permanent easement described above. A strip of land encompassing the entire portion of said Parcel B, lying east of the permanent easement described above extending to the east property line. . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 5 POSITION PAPER BOARD MEETING OF March 7,1991 NO. 4. CONSENT CALENDAR a. SUBJECT SET PUBLIC HEARING DATE TO ADOPT REVISED SOURCE CONTROL ORDINANCE DATE March 1, 1991 TYPE OF ACTION SET PUBUC HEARING DATE SUBMITTED BY INITIATING DEPT.lDIV Barton L. Brandenburg, Associate Engineer Engineering Department/Planning Division ISSUE: A public hearing is required prior to the adoption of a revised Source Control Ordinance. BACKGROUND: The existing Source Control Ordinance was adopted on August 27, 1981, and needs to be revised to reflect new regulations and current circumstances. Attachment A summarizes the major proposed revisions to the ordinance. Since 1989, the EPA has focused considerable attention on enforcement of the pretreatment regulations. To respond, a streamlined enforcement procedure has been proposed by staff. The EPA and Regional Water Quality Control Board are recommending that treatment facilities encourage waste minimization and pollution prevention. Controlling the wastes from some commercial establishments is anticipated as part of an overall waste minimization effort. The revised ordinance improves and streamlines the permitting system to deal with smaller businesses. To allow staff to efficiently administrate an expanded program, EPA now requires that the District's local limits for sewer discharge be technically based. To comply with this requirement, staff has reviewed each limit through a process which identifies the maximum concentration which could safely be discharged by industrial users. This process takes into account NPDES permit limits, protection of the plant against upset, and prevention of sludge/ash contamination. The current and proposed limits are shown in Table 1. This position paper is transmitted at this time for Board information. The proposed Source Control Ordinance will be distributed to the Board in the March 21, 1991 agenda packet. At the public hearing, staff will discuss the changes which are proposed to be made to the existing Source Control ordinance and be available to respond to Board and public comments. The proposed ordinance has been sent to 40 existing and potentially new permitted industries. In addition, an article was published in the Contra Costa Times which summarized the major changes. A workshop for industries and small business has been scheduled for March 13, 1991, so staff can present the proposed changes to affected users and respond to questions. The proposed ordinance is available at the office of the Secretary of the District for the public to view. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. ptt} / / / ~"'6 ,TMK- , i~t 1302A-9/85 BLB JMK RAB KLA SUBJECT POSITION PAPER SET PUBLIC HEARING DATE TO ADOPT REVISED SOURCE CONTROL ORDINANCE PAGE DATE 2 OF 5 March 1, 1991 RECOMMENDATION: Establish March 21, 1991, as the date for the public hearing on the proposed Source Control Ordinances and authorize District staff to publish a notice of the public hearing. 13028-9/85 ATTACHMENT A This attachment presents a summary of the major proposed changes to the Source Control Ordinance. 1. The "Purpose" section was rewritten to provide a broader scope of direction for the ordinance. This was done in order to provide the greatest possible flexibility for staff administrative actions in carrying out the precepts of the District's Source Control Program. 2. The "Definition" section was expanded to include substantial additional definitions. 3. The issuance of Wastewater Discharge Permits is defined to be ministerial; therefore, not requiring Board action. 4. The sections related to permissible discharges and discharge prohibitions were expanded to clearly state that the ordinance applies to all users of the District's system, whether permitted or not. Additional language was also added to define and prohibit sludge discharges and interference and pass-through. 5. The new ordinance establishes four distinct classes of industrial users and the responsibilities of each class. These classes of industrial users are: Class I Industrial User: This class includes the user's of District facilities which require maximum control of their discharge through a permit contract (e.g., GSF Energy, Acme Fill Leachate) and discharge standards which may be more stringent than local or categorical standards. Acceptance of discharges from a Class I industrial user requires Board action. Class II Industrial User: This class includes all Significant Industrial users which are required to have a standard Wastewater Discharge Permit for periodic monitoring and compliance. Class III Industrial User: This class includes all commercial and industrial facilities which may require some sort of oversight by the District based on the materials used at the facility and/or the potential for accidental discharge of these materials. These facilities would typically fall below the level of attention given to the Class I or Class" Industrial Users. Examples of potential Class III industrial users are dry cleaners, one-hour photo labs, and auto repair facilities, etc. Class IV Industrial User: This class includes all non-domestic users which do not fall under the definitions of the classes referenced above. The users of this class would generally not be required to have a Wastewater Discharge Permit. 6. All sampling and analysis reports submitted by industrial users must include a certified statement of all reporting, sampling requirements, and protocols. 7. The "Enforcement" section describes the enforcement actions available to the District, and clarifies that the enforcement alternatives could be cumulative. The Order to Show Cause hearing has been redrafted to provide a hearing only when warranted by the alledged violation. 8. A noncompliance fee schedule is proposed which would administratively impose fines for limit violations. The minimum fee automatically escalates from $300 for a minor one-time violation to $2,000 for severe and recurring violations. 9. The District would have improved rights to revoke or to terminate a Wastewater Discharge Permit and service. 10. The District's Waste Hauler Program is incorporated into the ordinance. 11. The District's grease trap and interceptor program is incorporated into the ordinance. TABLE 1 RECOMMENDED SEWER DISCHARGE LIMITS Pollutant Current limits Recommended limits (mg/l) (mg/l) (mg/l) Antimony 5.0 Arsenic 2.0 2.0 Cadmium 1.0 0.3 Chromium 2.0 1.5 Copper 5.0 5.0 Lead 2.0 2.0 Mercury 0.05 0.05 Nickel 5.0 3.0 Selenium 0.3 Silver 1.0 1.0 Thallium 1.5 Zinc 5.0 5.0 Cyanide 5.0 1.5 Phenol 10.0 10.0 pH 5.5 5.5-12.5 Oil and Grease Mineral 100 Animal 300 Vegetable 300 Total Toxic Organics 2.1 Total Identifiable 0.5 0.5 Chlorinated Hydrocarbons . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF March 7, 1991 NO. 4. CONSENT CALENDAR b. SUBJECT DATE RECEIVE THE DRAFT FISCAL YEAR 1 991-92 CAPITAL IMPROVEMENT BUDGET 1991 TEN-YEAR CAPITAL IMPROVEMENT PLAN AND ESTABLISH APRIL 4, 1991, AT 3 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING M T'1U:~V~~IB/CIP ESTABLISH PUBLIC HEARING DATE SUBM,ITTED BJY M . .Jonn . ercuno Administrative Analyst INITIATJl'JG QEPT/D)V t:nglneenng Department! Planning Division ISSUE: The District's draft Fiscal Year 1991-92 Capital Improvement Budget (CIB)/1991 Ten-Year Capital Improvement Plan (CIP) has been prepared by staff and is ready for Board review. A date and time for a public hearing to receive comments on the document should be established. BACKGROUND: The Fiscal Year 1991-92 Capital Improvement Budget will establish near- term project priorities and authorize budgets for the Treatment Plant, Collection System, and General Improvements Programs. Detailed information for projects that are anticipated to be active in Fiscal Year 1991-92 is presented in the Capital Improvement Budget document. The 1991 Ten-Year Capital Improvement Plan will provide the basis for policy decisions concerning the District's Capital Improvement Program and management of the Sewer Construction Fund. The Capital Improvement Plan also serves as the framework for fee analysis. On February 5 and 13, 1991, the Capital Projects Committee met with District staff to review the draft Capital Improvement Budget/Capital Improvement Plan. The Committee has approved the document for submission to the full Board. A workshop is scheduled at the March 21, 1991 Board meeting to discuss the Capital Improvement Budget/Capital Improvement Plan. It is appropriate to receive comments in a formal public hearing prior to consideration of the Capital Improvement Budget/Capital Improvement Plan for approval. This public hearing has been tentatively scheduled for April 4, 1991, at 3 p.m. RECOMMENDATION: Receive the draft Fiscal Year 1991-92 Capital Improvement Budget!1991 Capital Improvement Plan for review. Establish April 4, 1991, at 3 p.m., as the date and time for a public hearing to receive comments on the draft CIB/CIP. , 302A-9/85 REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.iDIV. J"^~ . Centra =ontra Costa Sanitar~ ..listrict BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF March 7, 1991 NO. 4. CONSENT CALENDAR c. SUBJECT AUTHORIZE ATTENDANCE OF CHEMIST I AT THE AMERICAN CHEMICAL SOCIETY'S LABORATORY SAFETY AND HEALTH COURSE AND APPROVE OVEREXPENDING OF $1,100 IN THE PLANT OPERATIONS DEPARTMENT TRAINING BUDGET DATE March 4, 1991 TYPE OF ACTION AUTHORIZE ATTENDANCE SUBMITTED BY Charles W. Batts, Plant 0 erations De artment Mana er INITIA TING DEPT.lDIV Plant Operations Department ISSUE: Approval by the Board of Directors is required for attendance at an unbudgeted training course which exceeds a tuition cOst of $500. BACKGROUND: Among the many new safety requirements, the California Occupational Safety and Health Administration (Cal/OSHA) has recently issued new regulations for laboratory safety and health which call for development of a "Chemical Hygiene Plan" for all laboratories, including the Central Contra Costa Sanitary District (CCCSD) laboratory. The plan must cover a number of laboratory safety and health-related issues. In response to these new regulations, the American Chemical Society is offering a training course in San Francisco from May 29-31, 1 991. The course focuses on the causes of accidents, health hazards of chemicals, laboratory protective equipment, ventilation, and measures for prevention of fires, personal injury, or health impairment. Additionally, the course will teach the participants how to develop and implement a "Chemical Hygiene Plan," as well as explain the codes of standards governing safety and health in laboratories. Susan Hasselwander, Chemist I, is the current Laboratory Safety Coordinator and will assist the Laboratory Superintendent designated as the Chemical Hygiene Officer. The laboratory staff is also working with an architectural consultant on a project where a number of safety-related issues need to be resolved. In this effort the course will be very timely and useful. The total cost of the training course will be approximately $1,100, which includes $975 in course fees. Since the course was only recently announced, the cost and availability of the training course were not included in the 1990-91 Operations and Maintenance budget. This course will exceed the Plant Operations Department's Technical Training, Conferences, and Meetings budget by about $1,100. RECOMMENDATION: Authorize the attendance of Susan Hasselwander, Chemist I, at the American Chemical Society's Laboratory and Safety Health Training Course on May 29-31, 1991, in San Francisco at a cost of approximately $1,100. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF POSITION PAPER BOARD MEETING OF March 7, 1991 NO. 5. ENGINEERING a. SUBJECT DATE AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH JAMES M. MONTGOMERY ENGINEERS FOR PREPARATION OF THE DISINFECTION FACILITIES PLAN (DP 20100) TYPE OF ACTION AUTHORIZE AGREEMENT SUBIj.1ITTED B'( Lynne I. Putnam Senior Engineer INITIATWG QEPT /DJV t:nglneenng Department Planning Division ISSUE: Board authorization is required for the General Manager-Chief Engineer to execute professional services agreements for more than $50,000. BACKGROUND: The District currently disinfects secondary effluent by injecting chlorine into the upstream end of the outfall and utilizing a portion of the outfall to achieve adequate chlorine contact time. The effluent is then dechlorinated by the addition of sulfur dioxide. The District's NPDES permit allows no chlorine residual and 240 MPN of total coliform in the final effluent. The Secondary Facilities Staging Plan identified the disinfection facilities as the first item of work needed to upgrade the secondary treatment train. The two key issues which were identified in the staging plan were: 1) recurrent violations of permit requirements for both chlorine residual and coliform, and 2) the outfall does not provide adequate chlorine contact time and sulfur dioxide dose response time for the District to consistantly meet the permit requirements. The chlorination/dechlorination process is not consistently meeting permit requirements, and since achieving consistent permit compliance does not appear possible with existing facilities, the Disinfection Facilities Plan was initiated. Recent regulatory changes have also raised the priority of this project. The Uniform Fire Code (UFC) was recently upgraded to address storage and use of toxic chemicals. The District has received communication from the Contra Costa County Consolidated Fire District that the chlorine and sulfur dioxide storage and feed facilities may be affected by the revised sections of the UFC. Although the applicability of the revised provisions of the UFC is uncertain at this time, regulatory and safety concerns may dictate substantial chlorination/dechlorination system modifications up to, and possibly including, complete containment with chemical scrubbing. Recent amendments to the Clean Air Act have targeted the prevention of accidental releases of toxic chemicals. This legislation has required the EPA to issue regulations by November 1992. The new requirements may be very costly and could result in a decision to abandon gaseous chlorine as a disinfection agent. 1302A-9/85 ~ RAB REVIEWED AND RECOMMENDED FOR BOARD ACTION JMt- 1t1^~ H1fJ INITIATING DEPT./DIV. ---,------,. ._---_.,--,..~~-- _._-_._._-,-_._---_.._~.._-,-~._,.._-,.~.__.._------~_.,._."-_._"...._"-_...__..~..~."._~.".".,._~-_.~....,...._,~-_.". _..,--'"-,~.-._--_.- - ._,-_._."-,~..-".._-------_._-_.__._----,--,,,---,....-...--.-"...-"'.- .. SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH JAMES M. MONTGOMERY ENGINEERS FOR PREPARATION OF THE DISINFECTION FACILITIES PLAN (DP 20100) POSITION PAPER PAGE 2 OF 3 R,t~fch 4, 1991 Given the implications of the new safety requirements and other future toxics requirements and the difficulties of obtaining permit compliance with the existing disinfection system, it is desirable to test alternative disinfection technologies (such as ultraviolet and ozone) that have not been considered previously due to cost. A significant portion of the Disinfection Facilities Plan cost is committed to bench-scale testing of chlorine, ozone, and, possibly, ultraviolet disinfection methods to determine the operational parameters (including safety) and complete costs of each alternative. Recent data has indicated that the District uses significantly more chlorine for disinfection than similar plants. One purpose of the investigation will be to discover why the chlorine demand is so high and to determine what changes are needed to decrease the demand. The results of the bench-scale testing will be used to develop the recommendations in the Disinfection Facilities Plan. The facilities planning effort will also include evaluation of the capacity of existing facilities, identification of near-term improvements to improve the disinfection process, and address safety concerns within a two- to three-year time frame, review and identification of long- term regulatory requirements, identification of alternative disinfection processes, and recommendations for full-scale follow-up testing, if needed. The Disinfection Facilities Plan Report will describe the selected alternatives for disinfection with a comparison based on cost, operations and maintenance implications, safety, reliability, regulatory impacts (including CEOA), and ultimate site layout. The Facilities Plan will include recommendations for phasing and project funding. A decision on appropriate CEOA action will be made upon completion of the facilities plan. James M. Montgomery Engineers (JMM) was selected from five engineering firms, four of whom responded to a request for proposals (RFP) issued in early January 1991. A review panel made up of staff members from the Engineering and Plant Operations departments selected James M. Montgomery Engineers after reviewing written and oral proposals. The selection was based on the firm's approach to work, experience, and expertise of proposed project team. A cost times multiplier agreement has been negotiated with JMM with a cost ceiling of $315,000. A breakdown of this total is included in Attachment 1. The Disinfection Facilities Plan is a portion of the Chlorination/Dechlorination Facilities Improvement Project (DP 20100) which is included in the FY 1990-91 Capital Improvement Budget on pages TP-7 through TP-9. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute an agreement with James M. Montgomery Engineers for $315,000 for preparation of the Disinfection Facilities Plan (DP 20100). 13028-9/85 ATTACHMENT 1 TASK 1: Evaluate existing chlorination/dechlorination capacities, establish disinfection demands, identify near-term improvements $ 54,022 TASK 2: Evaluate impacts of regulatory and water reclamation requirements 26,220 TASK 3: Evaluate alternative processes, perform bench-scale testing, preliminary cost comparison 29,532 TASK 3.2: Bench-scale testing 90,046 TASK 4: Preliminary facilities planning 22,052 TASK 5: Pilot testing evaluation 4,568 TASK 6: Disinfection facilities plan 59,661 TASK 7: Project management; quality control 29.120 TOTAL $315,000 . Centra. ;ontra Costa Sanitar) Jistrict BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF March 7, 1991 NO. SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH JOHN CAROLLO ENGINEERS FOR FINAL DESIGN OF THE STANDBY POWER FACILITIES 5. ENGINEERING b. DATE February 25, 1991 TYPE OF ACTION AUTHORIZE AGREEMENT SUBMITTED BY Donald E. Berger Junior Engineer INITIATING DEPT/DIV. Engineering Department/ Engineering Division ISSUE: Authorization by the Board of Directors is required for the General Manager-Chief Engineer to execute professional service agreements for amounts greater than $50,000. BACKGROUND: In January 1991, the Emergency Power Facility Study was completed as part of the Headworks Facilities Expansion Project (DP 20069). The study recommended that an on-site standby power facility be constructed to provide electrical power to the treatment plant during a PG&E power outage. The study compared on-site standby power facilities with reliability improvements to the existing PG&E electrical feed system. On-site standby power was found to be more cost-effective and reliable. The recommended standby power facility consists of two reciprocating diesel engine generators, a building enclosure, and associated switchgear and electrical equipment necessary to connect the generators to the existing plant electrical distribution system. Also recommended is a load shedding system required to disconnect non-essential plant loads from the plant electrical system during a PG&E power outage. John Carollo Engineers (JCE) completed the study for this project, and based on their previous performance and knowledge of the project, staff recommends that JCE provide the final design services. An agreement has been negotiated with JCE for final design services with a cost ceiling of $249,335. The design services include preparation of plans and specifications and assistance during the bidding period. The preliminary estimate of the total project cost and construction cost is $3,460,000 and $2,659,000, respectively. The power facility is included in the 1990-1991 Capital Improvement Budget under the heading, "Headworks Facilities Expansion (DP 20069)", pages TP-12 and TP-13. The CEQA requirements for the standby power facilities were addressed in the Negative Declaration prepared for the Headworks Facilities Expansion Project. This Negative Declaration REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 DEB DJC DRt.J RAB LAN INldlNG DEP /DIV. n;.e- lJ~ /)f}fJ -------------- -----------"-- --- ---------~--- SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH JOHN CAROLLO ENGINEERS FOR FINAL DESIGN OF THE STANDBY POWER FACILITIES POSITION PAPER PAGE DATE 2 OF 2_ February 25, 1991 was approved by the Board on December 21, 1989. A Notice of Determination has been filed with the State of California and the County Clerk. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a Cost Reimbursement Agreement with a cost ceiling of $249,335 with John Carollo Engineers for final design services for the Standby Power Facilities. 13028-9/85 . Centra. Contra Costa Sanitar~ .Jistrict BOARD OF DIRECTORS PAGE 1 OF 3 POSITION PAPER BOARD MEETING OF March 7, 1991 NO. 5. ENGINEERING c. SUBJECT AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $74,000 FROM COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT FOR SOUTH BROADWAY SEWER RELOCATIONS PROJECT, DP 4826 DATE March 4, 1 991 TYPE OF ACTION ALLOCATE FUNDS SUBMITTED BY Andrew J. Antkowiak Assistant Engineer INITIA TING DEPT/DIV Engineering Department Engineering Division ISSUE: Board of Directors' authorization is required for allocations from Capital Improvement Budget program contingency accounts in amounts greater than $25,000. BACKGROUND: The City of Walnut Creek is currently designing an extension of South Broadway in the Southern Pacific Railroad right-of-way (SPRR R/W) between Newell Avenue and Rudgear Road. This project will consist of a two-way street with soundwalls and pedestrian trail. The soundwall on the east side of the SPRR R/W will impact the operation and maintenance of the existing District's 1 O-inch sewer mains. See Attachment 2 for the location of the project. The existing 10-inch main was constructed over 40 years ago and most of its length is located within 5-foot wide sewer easements along the SPRR R/W. The city proposes to build the soundwall immediately east and adjacent to the District's easements. Access to the sewer main, due to the close proximity of soundwall and narrow easement corridor, will be very difficult. Therefore, it is appropriate to prepare a facilities plan to evaluate potential sewer relocation routes and accommodate the soundwall construction without impacting the District's sewer facilities. To fully evaluate potential design related problems, a preliminary design will be prepared for the most cost-effective alternative. The total estimated cost for the facilities planning and completion of preliminary design is $74,000. A breakdown of this total is provided in Attachment 1. After selection of the preferred routing alternative, the District will conduct an environmental evaluation of the project. Depending on the route selected, the project may be exempt from the California Environmental Ouality Act (CEOA) or may require a Negative Declaration or an Environmental Impact Report. The appropriate CEOA document will be prepared by the District or an outside consultant at that time. Since this work was not anticipated , the project does not appear in the Capital Improvement Budget. Therefore, Board authorization is needed to authorize the General Manager-Chief Engineer to allocate the required funds to DP 4826. RECOMMENDATION: Authorize the General Manager-Chief Engineer to allocate $74,000 to the South Broadway Sewer Relocations Project, DP 4826, from the Collection System Program Contingency Account. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT/DIV. gfI- ~fhJ DRH /){}13 RAB 1302A-9/85 AJA Force Account Engineering Survey Planning/CEQA Consultants ATTACHMENT 1 COLLECTION SYSTEM FACILITIES PLANNING SOUTH BROADWAY SEWER RELOCATION BREAKDOWN OF COSTS John Carollo Engineers Geotechnical Investigation Analytical Surveys, Inc. Contingencies @ 1 5 % Total Funds Requested EO/SPBROW A Y .AJA March 4, 1991 $15,000. 5,000. 1,000. 35,000. 3,000. 5,000. 10,000. $74,000. Paqe 2 of 3 , Page 3 of 3 G /""\ PROPOSED SOUTH BROADWAY SEWER RELOCATIONS DP 4826 ATTACHMENT 2 2523-9/U . Centra. ~ontra Costa Sanitar~ .Jistrict BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER NO. 1 6. TREATMENT PLANT a. DATE March 1, 1991 TYPE OF ACTION ACCEPTANCE OF REPORT SUBJECT BOARD ACCEPTANCE OF THE 1990 SELF-MONITORING PROGRAM REPORT SUBMITTED BY Charles W. Batts, Plant 0 erations De artment Mana er INITIATING DEPT./DIV. Plant 0 erations De artment ISSUE: The Central Contra Costa Sanitary District's Self-Monitoring Program annual report for 1 990 has been prepared for submission to the California Regional Water Quality Control Board, San Francisco Bay Section. This report is presented to the Board at this time for its information and acceptance. BACKGROUND: The treatment plant continued to meet all effluent requirements throughout the year, with the exception of total coliform violations during two episodes, and one settleable solids violation~ The reason for the coliform violations is not fully understood. In each case there were no process upset conditions, and the chlorine dose and residual indicated that good effluent disinfection should have occurred. Research was done on several potential causes but with no clear cause and effect results. There were also 22 non-zero chlorine residual violations. However, only six exceeded the Regional Water Quality Control Board's guideline concentrations. The majority of these violations over the last several years was related to problems of process control. Plant Operations Department staff is presently working on several projects to improve both the residual detection instrumentation and computer dechlorination programs, and reduce future violations. The District performed routine monitoring of selected organic and metallic contaminants as requested by the Regional Water Quality Control Board. In 1990, additional monitoring in terms of both the frequency and the type of tests was added to the requirements of the District. The results of these tests show that these contaminants were not detected in the treatment plant effluent in any significant concentrations and met all National Pollutant Discharge Elimination System (NPDES) permit standards. There was a total of 13,396 million gallons of wastewater treated for an average daily flow of 36.7 million gallons. This flow is about 2 percent less than 1989 due to the continuing dry winters. The treatment plant operated throughout the year and produced an effluent with an average BOD and total suspended solids concentration of 7 mg/l and 9 mg/l, respectively. This is markedly lower than our NPDES permit standards of 25/30 mg/1. The BOD and total suspended solids removal efficiency for the plant averaged 96 and 95 percent, respectively. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/B5 SUBJECT POSITION PAPER BOARD ACCEPTANCE OF THE 1990 SELF-MONITORING PROGRAM REPORT PAGE 2 OF 2 DATE March 1, 1991 Solids disposal during this year involved the incineration of dewatered sludge in the District's multiple-hearth furnaces. Approximately 3,139 tons of furnace ash was disposed of by hauling to Colusa and Redwood Sanitary Landfills. During this period, the District instituted the Chemfix process for dust control at both the plant and landfill sites and reintroduced lime addition into the process to ensure compliance with the California Department of Health Services copper standard. This material met the regulatory criteria for off-site disposal. Upon acceptance of this report by the Central Contra Costa Sanitary District Board of Directors, the 1990 Annual Self-Monitoring Report will be submitted to the California Regional Water Quality Control Board. RECOMMENDATION: Acceptance of the 1990 Annual Self-Monitoring Program Report. --------. 13028-9/85 . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 4 POSITION PAPER BOARD MEETING OF March 7, 1991 NO. 9. BUDGET & FINANCE a. March 4, 1991 SUBJECT DATE CONSIDER ADDITIONAL REQUEST FOR SEWER SERVICE CHARGE REFUND BY CREEKSIDE GLEN APARTMENTS TYPE OF ACTION CONSIDER REFUND REQUEST SUBMITTED BY Steve Elsberry, Senior Accountant/ INITIATING DEPT/DIV Administrative/Finance & Accounting ISSUE: A request has been received from the owners of the Creekside Glen Apartments in Walnut Creek for an additional refund of Sewer Service Charges, as a result of recent legislation. BACKGROUND: In October 1990, Mr. John Petrak, representing the owners of Creekside Glen Apartments in Walnut Creek, requested a refund of $30,460 in overpaid Sewer Service Charges. The overpayment was the result of this commercial account being established with an incorrect number of units in 1976-1977, the first year that the Sewer Service Charge was implemented. The account was set-up with 172 units, while the apartment complex actually has 152 units. A summary of the overpayment since inception of the Sewer Service Charge is shown on Attachment I. In November 1990, in accordance with current District policy, the Board approved a refund of $9,440 for the previous four years of overpayment, pending verification by District staff of the actual number of units. The verification was completed on November 5, 1990 and a refund check was subsequently issued. At the time of the Board approval, District Counsel indicated that pending legislation could affect the current District policy of limiting refunds to four prior years. Mr. Petrak was advised that the Board would consider a resubmittal of a refund request after January 1, 1991. Senate Bill 1 821, whose provisions became effective January 1, 1 991, is a conglomeration of various changes to operating procedures, fees and refunds, and revenue sharing for local agencies. The legislation has twelve sections, including many special interest sections applicable to only one or two agencies. Section Three requires local agencies to refund by July 1, 1991, sewer service fees collected for which no services were delivered. An ambiguity exists in the legislation in that it seems intended to apply to homeowners, or "persons," who paid the sewer service fees, and not to commercial payers such as the owners of the Creekside Glen Apartments. District Counsel will pursue clarification of this ambiguity through the California Association of Sanitation Agencies. The pertinent Section Three of the legislation is presented in its entirety as Attachment II. On January 4, 1991, Mr. Petrak resubmitted a request for a refund of $21,020, representing the balance of the original request. District staff recommends that payment of $21,020 be made INITIATING DEPT.lDIV. b~' /f ' \ ./1 KLA REVIEWED AND RECOMMENDED Fa BOARD ACTION 1302A-9/85 SE SUBJECT CONSIDER ADDITIONAL REQUEST FOR SEWER SERVICE CHARGE REFUND BY CREEKSIDE GLEN APARTMENTS POSITION PAPER PAGE 2 DATE OF 4 March 4, 1991 by July 1, 1991, or earlier, if it is determined by District Counsel that the legislation includes sewer service charge overpayments by commercial, as well as, residential payers. RECOMMENDATION: Approve an additional refund of Sewer Service Charges to Creekside Glen Apartments in the amount of $21,020 for the ten fiscal years 1976-1977 to 1985-1986 by July 1, 1 991, or earlier, if it is determined by District Counsel that SB 1821 includes overpayments by nonresidential payers. 130?8 9,8S ATTACHMENT I CREEKSIDE GLEN APARTMENTS SUMMARY OF SEWER SERVICE CHARGE PAYMENTS FISCAL YEARS 1976-1977 TO 1989-1990 Sewer Service Charge Fiscal Paid Correct Overpayment Year (172 Units) (152 Units) (20 Units) 1989-1990 $ 21,328 18,848 2,480 1988-1989 19,952 17,632 2,320 1987-1988 19,952 17,632 2,320 1986-1987 19.952 17.632 2.320 $ 81. 1 84 71. 744 9.440 1985-1986 21,328 18,848 2,480 1 984-1985 22, 188 19,608 2,580 1 983-1984 21,328 18,848 2,480 1982-1983 21,328 18,848 2,480 1 981-1 982 21,328 18,848 2,480 1980-1981 18,060 15,960 2, 1 00 1979-1980 15,996 14,136 1,860 1978-1979 13,416 11,856 1,560 1977-1978 13,416 11,856 1,560 1976-1977 12.384 10.944 1 .440 $180.772 159.752 21.020 $261.956 231 .496 $30.460 ADS/P.P#3/Creeksid.pp Refunded in November 1990 Balance to be refunded Total Refund Attachment II SENATE BILL 1821 SECTION THREE EXTRACT SEC 3. (a) By July 1, 1991, local agencies shall refund any sewer service fees collected for which no services were delivered. (b) Any fees collected by a local agency from any person for which no service has been provided shall be refunded in accordance with subdivisions (c) and (d). (c) In cases where a person paid fees as described in subdivision (a) and is still residing at the same location, it shall be the responsibility of the local agency to return fees in their entirety, regardless of the amount of time the fees were wrongly collected. For the. purposes of this section, if the exact amount of the charges is not readily available, the amount of the refund may be calculated by averaging the rates paid by payers in the same classification during the time period in which the fees were collected. (d) In cases where a person paid fees as described in subdivision (a) but is not still residing at the same location, the payer of the fees may make a claim for a refund to the agency collecting the fees. No statute of limitations as to those claims shall apply. ADS/PP#3/Creeksid. pp . Central Contra Costa Sanitary Oistrict BOARD OF DIRECTORS POSITION BOARD MEETING OF March 7,1991 PAPER t:'b'fJSIDER FEE IMPOSED BY CONTRA COSTA COUNTY TO DEFRAY PROPERTY TAX ADMINISTRATIVE EXPENSES PURSUANT TO SB 2557 SUBMITTED BY Walter Funasaki, Finance Officer PAGE 1 OF 4 NO. 9. BUDGET & FINANCE b. March 4, 1 991 DATE TYPE OF ACTION CONSIDER NEW COUNTY FEE INITIATING DEPT /DIV Administrative/Finance & Accounting ISSUE: On January 29, 1991, Contra Costa County billed the District $111,542.89 for property tax administrative expenses which it considers to be payable in full by February 28, 1991. BACKGROUND: Senate Bill 2557 was passed in the closing hours of the 1990-1991 budget deliberations of the Legislature. This legislation authorizes county government to assess school districts, cities, and special districts an annual administrative fee for the assessment, collection, and allocation of property taxes. The fee is to be determined by the County Auditor based on the property tax administrative expenses incurred by the Assessor, Tax Collector and Auditor, which are proportionately attributable to local jurisdictions. The property tax administrative fee is to be based on the prior fiscal year's administrative expenses and billed to local jurisdictions beginning in the 1 990-1 991 fiscal year. The county is required to use the property tax administrative fee only to fund the actual expenses of assessing, collecting, and allocating property taxes. The County Auditor is required to report the amount of the administrative expenses and related overhead expenses to the Board of Supervisors and any other jurisdiction that requests the information. A summary of the property tax administrative expenses for 1989-1990 of $8,287,349, as prepared by the Contra Costa County Auditor-Controller, is provided as Attachment I. The administrative fee billed to the District of $111,542.89 was allocated on the basis of the ratio of property tax revenue received by the District of $6,557,059 to total property tax revenue for all local jurisdictions of $487,172,569, or 1.3459 percent. The following is a summary of the apportionment of the property tax administrative expenses by local jurisdictions: General County Entities $2,220,122 County Governed Special Districts Autonomous Special Districts Cities/City Special Districts Redevelopment Agencies School Districts 813,233 936,312 848,608 584,718 2,884,356 6.067 .227 $8.287 .349 INITIA T1NG DEPT.lDIV. .' ~~4-~' 1302A-9/85 WN F REVIEWED AND RECOMMENDED FOR BOARD ACTION 27% 10 11 10 7 ~ 73 100% SUBJECT POSITION PAPER CONSIDER FEE IMPOSED BY CONTRA COSTA COUNTY TO DEFRAY PROPERTY TAX ADMINISTRATIVE EXPENSES PURSUANT TO SB 2557 PAGE 2 DATE OF 4 March 4, 1991 SB 2557 also authorizes a county to impose a fee upon other local agencies or colleges or universities for county expenses incurred in processing or booking persons arrested by employees of other local agencies or colleges or universities and brought to county facilities for booking or detention. School districts have joined in a lawsuit challenging the constitutionality of the legislation. Some cities in the County have indicated their intention to withhold payment. As the Board was advised in the 1 990-1 991 Operations and Maintenance Budget Review for the six months ended December 31, 1990, the Administrative Department is projected to be $58,000 overexpended for the 1990-1991 fiscal year primarily due to inclusion of the unanticipated $111,542.89 administrative fee in the department's projected expenses. Two bills which have been introduced in the current session of the Legislature to repeal or amend S8 2557 are described below: Senate Bill 169, introduced by Senator Boatwright in the current legislative session on January 14, 1991, seeks to repeal all of the provisions of SB 2557 which authorize counties to impose fees upon local jurisdictions for property tax administrative expenses, and booking and detention expenses. This legislation would replace the revenues to counties from fees imposed on local jurisdictions with increased vehicle license fees, wherein additional money collected by the Department of Motor Vehicles would be deposited to the credit of the County Assistance Fund; the money in the County Assistance Fund would be allocated to counties based on a formula to be determined by the Legislature. SB 169 is intended to take effect immediately as an urgency statute. The California Association of Sanitation Agencies has taken a position in support of SB 169. Senate Bill 203, introduced on January 18, 1991, by the sponsor of SB 2557, Senator Kenneth Maddy, seeks to amend certain provisions of SB 2557, which Senator Maddy believes did not achieve the intent of his original legislation. The changes sought by SB 203 which would affect the property tax administrative fee billed to the District are the following: · the property tax expense apportionment method is revised and would result in a change in the amount of the property tax administrative fee for 1 990- 1991 billed to the District · the property tax administrative fee is to be subtracted from the property tax revenue allocated to each city, redevelopment agency, and special district 130?8 g,Wl SUBJECT CONSIDER FEE IMPOSED BY CONTRA COSTA COUNTY TO DEFRAY PROPERTY TAX ADMINISTRATIVE EXPENSES PURSUANT TO SB 2557 POSITION PAPER PAGE 3 DATE OF 4 March 4, 1991 and added to the property tax revenue allocated to the county; for 1990- 1 991 , the property tax administrative fee is to be subtracted from property tax revenues after January 1, 1 991 . The California Association of Sanitation Agencies is opposed to SB 203. In view of the possibility that the basis for the property tax administrative fee may be voided, or its method of collection significantly changed, by subsequent legislative action, District staff seeks the guidance of the Board: on the one hand, the fee is based on an existing statute which was duly enacted; on the other hand, legislation currently under active consideration may declare the fee null and void,or result in revision to the fee amount and permit its subtraction by the County from property tax proceeds. RECOMMENDATION: Provide direction and guidance to District staff as to whether payment of the 1990-1991 property tax administrative fee in the amount of $111,542.89 should be made. 110?8 9 BS ATTACHMENT I CONTI{A COSTA cOIm I Y Properly lax Administration Fee per SB 2!J57 NOTE: Per Hevenue and Taxation Coc!p ~i97, tl](' property tux i)chllinistration fee to be charged in the 1990-91 Fiscal Year shall be based on the 1989-90 property tax related costs of the Assessor, Tax Collector and Auditor, including applicable o v e r h e a d cas t s asp e I'm it t e d by fed e I' al C i I' c ul a r A - 8 7 s tan d a r d s . Property Tax Related Costs, 1989-90 Fiscal Year Assessor Tax Ca11ectal' Auditor $7,614,304 1,499,833 ____91 B ~}~_i~ T a ta 1 $10,032,895 Overhead Costs per Circuldr A-iJl, 19B9-90 Fiscal Yeal' AssessOl' Tax Collector Auditor $ 563,944 102,114B }~,327 Totil1 740,119 Less: Fees Heceived for 11n'pel'ly lilx I~()lilt('d Sel'vices, 19WJ-90 General County Assessot' Tax Collector Aud itor $1,685,12/ 204,144 3110,535 ___ 2~)5 -21152. Totill (2,4B5,665) Net Property Tax Administrat.ion Costs, 1989-90 Fiscal Year U~J~L~l:lQ ( 1 ) (1) The net property tax administration CllSts vii 11 l>(~ allocated on a pro-rata basis to all entities receiving pnJperty tc3X n~venl/()s. Tlw allocation I'/ill 11(' lIlade in accordrnc(~ l'lith t.he guid(~lirH!s issued by tlll~ St.c:t(~ Controllel"c ('II iice, AccountilH; Standill'cb JI, flrocedIJl'(!S COlllllJittre. S () 111'C(' : C () n tT il r: () 'j tile () 11'11 Y f\ tI d i I (),' - C () II L r' () I II>" I S (If r i l (' I ?/?{J/C)()