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HomeMy WebLinkAbout03/7/2002 AGENDA BACKUPCentral Contra Costa Sanitary District /4"1 ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: MARCH 7, 2002 No.: 3.a. CONSENT CALENDAR Type of Action: INITIATE ANNEXATION D.A. 159 Subject: INITIATE PROCEEDINGS TO FORMALLY ANNEX 4 SEPARATE AREAS UNDER THE TITLE OF DISTRICT ANNEXATION 159 Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant Engineering /Environmental Services Division REVIEWED AND RECOMMENDED FOR BOARD ACTION. r �- 4- oib� M. Mullin J. iyamoto -Mills C. Swanson A. Farrell Char es W. at General Manag ISSUE: The District has received petitions for annexation for the parcels as shown on the attached tabulation and maps. It is appropriate to initiate formal annexation proceedings with the Local Agency Formation Commission ( LAFCO). This grouping allows the District to honor the County Assessor's Office and LAFCO's preference that annexations be grouped in the same geographical area and be less than 10 areas. RECOMMENDATION: Adopt a Resolution of Application for the annexation of properties to Central Contra Costa Sanitary District under District Annexation 159. FINANCIAL IMPACTS: The District pays fees to LAFCO and the State Board of Equalization for annexation processing. Annexation costs are recovered as "Annexation Charges" when property is connected to the public sewer system. BACKGROUND: The owners of the properties listed in Attachment 1 have petitioned the District to annex their properties in the Orinda area. Three annexation areas are a result of septic tank conversion for existing homes, while PA 01 -15 was requested for a proposed single family home project. LAFCO staff has indicated that adjoining unannexed parcels may be added to the separate areas the District submits to eliminate islands or straighten boundary lines. LAFCO will hold a public hearing to consider annexation of any parcel added to District Annexation 159. ALTERNATIVES /CONSIDERATIONS: Not applicable. RECOMMENDED BOARD ACTION: Adopt a Resolution of Application for District Annexation 159. 2/28/02 U: \PPr \Annexations \position paper 159.wpd Page 1 of 7 ATTACHMENT 1 DISTRICT ANNEXATION NO. 159 TABULATION OF PARCELS Parcel PA No. Owners Address and Date Board Authorized for No. Location Assessor's Parcel Annexation and and Number Remarks Acreage 1 PA 01 -15 Dieter M. Scholz May 24, 2001 Orinda 227 El Toyonal New single - family home 23.40 Ac. Orinda CA 94563 proposed. 265- 130 -008 Project is categorically exempt. CCCSD is the lead agency. 2 PA 01 -20 Margaret Silverman and August 9, 2001 Orinda Robert Ziegler Septic system conversion. 0.45 Ac. 12 Miramonte Rd. Project is categorically exempt. Orinda CA 94563 CCCSD is the lead agency. 264- 250 -016 -5 3 PA 01 -18 Kristofer S. amd Jennifer May 24, 2001 Orinda Pister Septic system conversion. .28 Ac. 20 Camino del Diablo Project is categorically exempt. Orinda CA 94563 CCCSD is the lead agency. 264 -102 -005 -8 4 PA 02 -01 Gladys Johnson January 10, 2001 Orinda 358 El Toyonal Septic system conversion. 0.32 Ac. Orinda CA 94563 Project is categorically exempt. 264- 092 -001 -9 CCCSD is the lead agency. 2/28/02 U: \PPr \Annexations \position paper 159.wpd Page 2 of 7 "Ox F110y0 4/41 RD .j ORINDA e�vo j v�O�P 24 0 5000 10,000 � FEET LEGEND: O 110 CCCSD ANNEXATION N0. &ILOCATION V,, Central Contra Costa Sanitary District n ' C.C.C.S.D. ANNEXATION NO. 159 V b , 9 �Felf - 1 Attachment MAP Page 3 of 7 a;1 �= ANNL)W IUN BOUNDARY 0 300 soo NO. PREVIOUS E FEET DAT ANNEXATION Central Contra Costa Attachment Sanitary District PROPOSED ANNEXATION P.A. 01 -15 I - Prepared by Engineering Support Section Page 4 of 01 z' C \ N 98-7 1988 m r 61_1 6 Y Central Contra Costa Sanitary District 0 N r N ti �ORINDA ! E� MIRA MONM SITE _ 1988 M113,q ONiE ' �, 131 LVERMA issa Z/EGLE 264- 250-01 ANNEX 77-3 1982 LOCATION MAP N.T.S. 1979, cn in -- � j 1 I \ LEGEND: �. �. ANNEXATION BOUNDARY 0 60' 120 NO' PREVIOUS FEET DATE ANNEXATION PROPOSED ANNEXATION P.A. 01 -20 Attachment Page 5 of 7 N L 1 ORINDA El SITE _ LOCATION MAP N.T.S. 0 60 120 FEET, Centr�l Contra Costa Sanitary District -S 4—im C� Prepared by Engineering Support Sectit EL ,AOL �l PROPOSED ANNEXATION P.A. 01 -18 S `I MIRA �O\v LEGEND: ANNEXATION BOUNDARY N0. PREVIOUS DATE ANNEXATION Attachment Page 6 of � Sp C bA�� ;A 1979 n n n 1988 � 0 0 61 -1 1978 0 0 60 120 FEET, Centr�l Contra Costa Sanitary District -S 4—im C� Prepared by Engineering Support Sectit EL ,AOL �l PROPOSED ANNEXATION P.A. 01 -18 S `I MIRA �O\v LEGEND: ANNEXATION BOUNDARY N0. PREVIOUS DATE ANNEXATION Attachment Page 6 of 4�/ N 1 ORI NDA E` SITE _ v LOCATION MAP Q N.T.S. QQ DEL Q � J G O JOHNSON 64-43` 264 -092 -001 ANNEX i C Central Contra Costa Sanitary District S Prepared by Engineering Support Sec is LEGEND: N ANNEXATION BOUNDARY NO. PREVIOUS DATE ANNEXATION 0 so 120 FEET PROPOSED ANNEXATION P.A. 02 -01 Attachment Page 7 of 7 C. S D. BOUNDARY .o TOYONAL 154 -7 145-2 0 2000 1999 . � Q i C Central Contra Costa Sanitary District S Prepared by Engineering Support Sec is LEGEND: N ANNEXATION BOUNDARY NO. PREVIOUS DATE ANNEXATION 0 so 120 FEET PROPOSED ANNEXATION P.A. 02 -01 Attachment Page 7 of 7 Central Contra Costa Sanitary District la- ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 7, 2002 No.: 3.b. CONSENT CALENDAR Type of Action: ACCEPT CONTRACT /AUTHORIZE NOTICE OF COMPLETION Subject: ACCEPT CONTRACT WORK FOR THE WASTE- ACTIVATED SLUDGE PUMP REPLACEMENT PROJECT, DISTRICT PROJECT 6149A, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating Dept ✓Div.: James L. Belcher, Senior Engineer Operations Department /Plant Operations Div. OVIE A R O MMENDED FOR BOARD ACTION. cher J. Kelly General M+ ISSUE: Construction has been completed on the Waste- Activated Sludge Pump Replacement Project, DP 6149A, and the work is now ready for acceptance. BACKGROUND: This project purchased and installed a replacement pump and variable- frequency drive for a vintage, 1970's, waste - activated sludge pump and drive assembly that had failed beyond economical repair. Additional improvements were made to discharge and suction piping and valving. The Board of Directors authorized the award of a construction contract for this work in the amount of $98,449 to Kaweah Construction Company on November 15, 2001. The contractor was issued a Notice to Proceed, which was effective November 27, 2001, with a required contract completion date of January 27, 2002. The District took beneficial use on January 27, 2002, with all work being completed on February 28, 2002. It is appropriate to accept the contract work at this time. The total authorized budget for this project is 5189,430. An accounting of this project will be provided to the Board of Directors at close out. RECOMMENDATION: Accept contract work for the Waste- Activated Sludge Pump Replacement Project, DP 6149A, from Kaweah Construction Company, and authorize the filing of the Notice of Completion. 2/22/02 S: \Correspondence \POSPAPR \2002 \DP 6149A.wpd Page 1 of 1 Central Contra Costa Sanitary District /J a i BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 7, 2002 No.: 3.c. CONSENT CALENDAR Type of Action: ACCEPT CONTRACT /AUTHORIZE NOTICE OF COMPLETION Subject: ACCEPT CONTRACT WORK FOR THE DEAERATOR STORAGE TANK REPLACEMENT PROJECT, DISTRICT PROJECT 6160, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating Dept. /Div.: James L. Belcher, Senior Engineer Operations Department /Plant Operations Div. J. Belcher RECOMMENDED FOR BOARD ACTION. J. Kel Ch arle-.3W, General Manage , ISSUE: Construction has been completed on the Deaerator Storage Tank Replacement Project, DP 6160, and the work is now ready for acceptance. BACKGROUND: This project purchased and installed a new deaerator storage tank. During the Steam System Improvements Project, the deaerator was inspected and temporary repairs were made to the tank due to time constraints. Excessive pitting and corrosion within the tank warranted replacement. The Board of Directors authorized the award of a construction contract for this work in the amount of $147,431 to Kaweah Construction Company on October 18, 2001. The contractor was issued a Notice to Proceed, which was effective November 13, 2001, with a required contract completion date of February 13, 2002. The District took beneficial use on February 1, 2002, with all work being completed on February 8, 2002. It is appropriate to accept the contract work at this time. The total authorized budget for this project is $213,011. An accounting of this project will be provided to the Board of Directors at close out. RECOMMENDATION: Accept contract work for the Deaerator Storage Tank Replacement Project, DP 6160, from Kaweah Construction Company, and authorize the filing of the Notice of Completion. 2/22/02 S: \Correspondence \POSPAPR \2002 \DP 6160.wpd Page 1 of 1 Central Contra Costa Sanitary District /J a i BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 7, 2002 No.: 3.d. CONSENT CALENDAR TypeofAction: AUTHORIZE CAD Subject: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD) FOR PROPERTIES ON CAMILLE COURT IN ALAMO FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE CAMILLE COURT CAD NO. 2002 -1, FOR APPROVAL OF THE BOUNDARY, AND REQUESTING CONSENT OF CONTRA COSTA COUNTY 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. R. Leavitt C. Swanson A. Farrell K. Alm *General atts, ager ISSUE: Owners of properties on Camille Court in Alamo 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 Camille Court CAD No. 2002 -1. 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 $150,000. 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 Camille Court in Alamo 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 thirteen of the nineteen property owners that could be served by a Camille Court public sewer. The area where the CAD would be formed is shown on Attachment 1. 2/21/02 U: \PPr \Bertera \CamilleCAD.wpd Page 1 of 10 POSITION PAPER Board Meeting Date: March 7, 2002 Subiect: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD) FOR PROPERTIES ON CAMILLE COURT IN ALAMO FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE CAMILLE COURT CAD NO. 2002 -1, FOR APPROVAL OF THE BOUNDARY, AND REQUESTING CONSENT OF CONTRA COSTA COUNTY FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE CAD The initial steps toward creation of Camille Court CAD No. 2002 -1 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 Contra Costa County for CCCSD to conduct proceedings for Camille Court CAD No. 2002 -1. The proposed Camille Court CAD No. 2002 -1 complies with the revised CAD policy approved at the February 1, 2001 Board of Directors meeting. The CAD formation criteria are listed below. CAD FORMATION CRITERION 1. A minimum of five properties must be directly tributary to the proposed CAD facilities. PROPOSED CAMILLE COURT CAD NO. 2002 -1 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. 2/21/02 U APPr \Bertera \CamilleCAD.wpd 3. None of the properties has more than two dwellings on it. Page 2 of 10 POSITION PAPER Board Meeting Date: March 7, 2002 Subject: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD) FOR PROPERTIES ON CAMILLE COURT IN ALAMO FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE CAMILLE COURT CAD NO. 2002 -1, FOR APPROVAL OF THE BOUNDARY, AND REQUESTING CONSENT OF CONTRA COSTA COUNTY 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 nineteen properties on Camille Court by: 1. adopting a resolution of intention to create Camille Court Contractual Assessment District No. 2002 -1 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 Contra Costa County for CCCSD to conduct proceedings for Camille Court CAD No. 2002 -1 (Exhibit 3). 2/21/02 U:\PPr \Bertera \CamilleCAD.wpd Page 3 of 10 Page 4 of 10 o so 160 POTENTIAL EXISTING PLANNED PROPERTIES ' o FEET CAD AREA SEWER CAD SEWER SERVABLE a BY CAD SEWER x Central Contra Costa Attachment b sanitary District PROPOSED BOUNDARY CAMILLE COURT V ' 1 n V CAD NO. 2002-01 Page 4 of 10 EXHIBIT 1 RESOLUTION NO. 2002- RESOLUTION OF INTENTION TO CREATE CAMILLE COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -1 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 1,000 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Camille Court in Alamo, 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 Camille Court Contractual Assessment District No. 2002 -1." 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, Contra Costa County, 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, July 18, 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 7th day of March, 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 IXOMMIM RESOLUTION NO. 2002- RESOLUTION APPROVING BOUNDARY MAP CAMILLE COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -1 The Board of Directors of the Central Contra Costa Sanitary District ( CCCSD) resolves: A map entitled "Proposed Boundaries of Camille Court Contractual Assessment District No. 2002 -1 " 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 Camille Court Contractual Assessment District No. 2002 -1, 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, Contra Costa County, 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. 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. Page 7 of 10 PASSED AND ADOPTED this 7th day of March, 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 8 of 10 EXHIBIT 3 RESOLUTION NO. 2002- RESOLUTION REQUESTING CONSENT TO CONDUCT ASSESSMENT PROCEEDINGS CAMILLE COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -1 The Board of Directors of the Central Contra Costa Sanitary District (CCCSD) resolves: On March 7, 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, Contra Costa County, 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. Contra Costa County 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 Contra Costa County, through its Board of Supervisors, 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 Directors for all purposes in connection with the formation of this Page 9 of 10 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 Contra Costa County. PASSED AND ADOPTED this 7th day of March, 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: March 7, 2002 No.: 4.a. HEARINGS Type of Action: CONDUCT HEARING; ADOPT RESOLUTIONS Subject: CONDUCT PUBLIC HEARING AND CONSIDER CERTIFICATION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE DISTRICT'S EFFLUENT DISCHARGE LIMIT INCREASE PROJECT, DP 7176 Submitted By: Russell B. Leavitt, Management Analyst REVIEWED AND RECOMMENDED FOR BOARD ACTION. R. Leavitt C. Swanson A. Farr Initiating Dept. /Div.: Engineering /Environmental Services l ;II K. Alm C*has atts General Manage ISSUE: In accordance with the California Environmental Quality Act (CEQA) and the District CEQA Guidelines, a Final Environmental Impact Report (EIR) must be certified as being legally adequate before the Board of Directors can consider approval of the project. RECOMMENDATION: Conduct a public hearing to receive comments on certification of the EIR and approval of the project, and barring any unresolvable comments to the contrary, adopt the attached resolution certifying that the Final EIR is legally adequate. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: Deny or defer certification of the Final EIR - these actions would halt or delay the project approval process. If certification is denied, direction should be given to staff as to which issues require further documentation. BACKGROUND: The project is a proposed District policy change to increase the District's treated wastewater (effluent) discharge limit from 45 million gallons per day (mgd) of average dry- weather flow (ADWF) to up to 53.8 mgd ADWF. This project would not require construction of new facilities nor substantial physical modification of existing facilities. To comply with CEQA, the District prepared an EIR to disclose any significant, adverse environmental impacts that would be caused by the project. Before considering project approval, the Board of Directors must first certify that the EIR is legally adequate. The Final EIR consists of two documents: the Draft EIR dated November 2001 and the Final EIR Responses to Comments dated February 2002. Both documents were prepared by Environmental Science Associates (ESA) based on CEQA and District EIR Guidelines. 2/25/02 Ll: \PPr \Bertera \Public Hearing- Certification PP.wpd Page 1 of 4 POSITION PAPER Board Meeting Date: March 7, 2002 Subject: CONDUCT PUBLIC HEARING AND ENVIRONMENTAL IMPACT REPORT FOR LIMIT INCREASE PROJECT, DP 7176 CONSIDER CERTIFICATION OF A FINAL THE DISTRICT'S EFFLUENT DISCHARGE On November 27, 2001, the District distributed a Draft EIR or a notice of Draft EIR availability to federal, state, and local agencies, individuals, and to community and special interest groups that might be interested in the project. On December 12, 2001, the District held a public meeting at the District's Collection System Operations Conference Room in Walnut Creek to give Draft EIR recipients an opportunity to ask questions and express concerns about the DEIR and the project. No one from the public attended. The public comment period ended on January 14, 2002. The three comment letters received from EBMUD, Caltrans, and the City of San Ramon contained relatively minor comments that were addressed in the Final EIR. While not required by law or the District's procedures, it has been the District's customary practice to hold a public hearing to receive public comments on the Final EIR and the project during the Board Meeting at which the Final EIR is presented for consideration of approval. After the public hearing, the Board will consider certifying the Final EIR as an adequate evaluation of the project's environmental impacts and adopting associated findings as required by CEQA. Following that, the Board may proceed to considering approval of the project. A resolution of certification is attached for the Board's consideration (Attachment 1). RECOMMENDED BOARD ACTION: Conduct a public hearing to receive comments on certification of the EIR and approval of the project, and barring any unresolvable comments to the contrary, adopt the attached resolution certifying that the Final EIR is legally adequate. 2/25/02 U: \PPr \Bertera \Public Hearing- Certification PP.wpd Page 2 of 4 ATTACHMENT 1 RESOLUTION NO. 2002- RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE DISTRICT'S EFFLUENT DISCHARGE LIMIT INCREASE PROJECT WHEREAS, the Central Contra Costa Sanitary District has identified a need to increase the effluent discharge limit of its wastewater treatment plant in unincorporated Martinez, CA due to planned and reasonably foreseeable development in its service area and potentially high groundwater infiltration; and WHEREAS, the District has undertaken planning activities related to the Effluent Discharge Limit Increase Project, culminating in the following reports: Draft Environmental Impact Report (EIR), Central Contra Costa Sanitary District Effluent Discharge Limit Increase Project, dated November 2001 Report of Waste Discharge - Application for Renewal of Central Contra Costa Sanitary District NPDES Permit, dated November 1999 Treatment Plant Capacity Evaluation, dated 1999 Wastewater Collection System Master Plan Update, dated 1998 WHEREAS, the District has distributed the Draft and Final Environmental Impact Report to the appropriate federal, state, and local government agencies for review, and made all of the reports listed above available for public review; and WHEREAS, the District distributed a Notice of Preparation of Environmental Impact Report, dated March 7, 2001, to affected federal, state, regional, and local government agencies, and to interested community groups and citizens; and WHEREAS, the District conducted a meeting for local government officials on March 21, 2001, and a public meeting on March 21, 2001, for the purpose of receiving comments on the specific impacts of the project that should be analyzed in the EIR; and WHEREAS, the District conducted a public meeting on December 12, 2001 for the purpose of describing the project and Draft EIR to and answering questions from the public; and WHEREAS, written comments about the Draft EIR were received by the District during the public review period; and 2/25/02 UAPPr \Bertera \Public Hearing- Certification PP.wpd Page 3 of 4 WHEREAS, the District Board of Directors has reviewed the Draft EIR, all comments about this report, and responses to these comments that are included as part of the Final EIR; and WHEREAS, the District conducted a public hearing on March 7, 2002, for the purpose of receiving public comments on the Final EIR and project; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Central Contra Costa Sanitary District does hereby find and certify that the Final EIR for the District's Effluent Discharge Limit Increase Project is legally adequate. PASSED AND ADOPTED this 7th day of March, 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: 2/25/02 UAPPr \Bertera \Public Hearing- Certification PP.wpd Kenton L. Alm Counsel, Central Contra Costa Sanitary District Page 4 of 4 Central Contra Costa Sanitary District BOARD OF DIRECTORS Board Meeting Date: March 7, 2002 POSITION PAPER No.: 4.b. HEARINGS Type of Action: APPROVE PROJECT; ADOPT RESOLUTION AND FINDINGS subject: APPROVE PROJECT AND ADOPT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE DISTRICT'S EFFLUENT DISCHARGE LIMIT INCREASE PROJECT, DP 7176 Submitted By: Initiating Dept ✓Div.: Russell B. Leavitt, Management Analyst Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION. 0 R. Leavitt C. Swanson A. Fa ell K. Alm *General *s, ger ISSUE: In accordance with the California Environmental Quality Act (CEQA) and the District CEQA Guidelines, it is appropriate for the Board of Directors to approve the project and adopt Findings of Fact and a Statement of Overriding Consideration for the District's Effluent Discharge Limit Increase Project. RECOMMENDATION: Approve the project and adopt the Findings of Fact and Statement of Overriding Considerations for the District's Effluent Discharge Limit Increase Project. FINANCIAL IMPACTS: This project would not require construction of new facilities nor substantial physical modification of existing facilities. Any additional capital or operating expenses incurred to treat the increased volume of flow would be offset by capacity fees and sewer service charges from additional customers. ALTERNATIVES /CONSIDERATIONS: 1 . Deny or defer approval of the project. 2. Approve a lesser increase in the effluent discharge limit. 3. Approve a combination of a lesser increase in the effluent discharge limit, increased recycled water distribution, and improvements to decrease groundwater infiltration. These alternatives were addressed in detail in the EIR. All are either inconsistent with adopted planning documents of CCCSD service area jurisdictions, would have questionable success in being implemented, and /or would result in project- specific, construction - related environmental impacts not associated with the proposed project. For these reasons, the proposed project is the environmentally preferred alternative. 2/21/02 U: \PPr \Bertera \Project Approval PP.wpd Page 1 of 20 POSITION PAPER Board Meeting Date: March 7, 2002 Subject: CONDUCT PUBLIC HEARING AND CONSIDER CERTIFICATION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE DISTRICT'S EFFLUENT DISCHARGE LIMIT INCREASE PROJECT, DP 7176 BACKGROUND: The project is a District proposed policy change to increase the District's effluent discharge limit from 45 mgd ADWF to up to 53.8 mgd ADWF. The basis for the increase is the anticipated growth in base wastewater flow from buildout of planned development in the District's service area (assumed by the year 2035) with worst -case groundwater infiltration. This increase in discharge would occur over time, as the need for sewer service gradually increases within the District's service area. Without an increase in its permitted discharge, the District would eventually be unable to serve increased demand for sewer service related to growth planned by local land use agencies and projected to occur within the District's service area. Assuming the Board has certified the Final EIR as legally adequate, District staff requests that the Board take these addition actions: 1 . Approve the District's Effluent Discharge Limit Increase Project. 2. Adopt Findings of Fact and a Statement of Overriding Consideration. A resolution approving the project is attached for the Board's consideration (Attachment 1). Recommended Findings of Fact and Statement of Overriding Considerations have been prepared for Board review (Attachment 2). RECOMMENDED BOARD ACTION: Approve the project and adopt the Findings of Fact and Statement of Overriding Considerations for the District's Effluent Discharge Limit Increase Project. 2/21/02 U: \PPr \Bertera \Project Approval PP.wpd Page 2 of 20 ATTACHMENT 1 RESOLUTION NO. 2002- RESOLUTION APPROVING THE DISTRICT'S EFFLUENT DISCHARGE LIMIT INCREASE PROJECT WHEREAS, the Central Contra Costa Sanitary District Board of Directors, on March 7, 2002, has certified the Final EIR for the District's Effluent Discharge Limit Increase Project as being legally adequate; and WHEREAS, the District Board has considered all available information regarding the District's Effluent Discharge Limit Increase Project, including information contained in the project's Draft EIR and Final EIR and the results of the public meetings conducted on March 21, 2001 and December 12, 2001; and WHEREAS, the District Board has reviewed and considered the proposed Findings of Fact and Statement of Overriding Considerations for the District's Effluent Discharge Limit Increase Project; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Central Contra Costa Sanitary District does hereby approve the District's Effluent Discharge Limit Increase Project and adopts the attached Findings of Fact and Statement of Overriding Considerations for the District's Effluent Discharge Limit Increase Project. 2/21/02 U: \PPr \Bertera \Project Approval PP.wpd Page 3 of 20 FURTHERMORE, the District Board directs the General Manager to prepare a Notice of Determination for the project and submit the notice to appropriate government agencies. PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors this 7th day of March 2002 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 2/21/02 U: \PPr \Bertera \Project Approval PP.wpd Page 4 of 20 ATTACHMENT 2 FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS DISTRICT EFFLUENT DISCHARGE LIMIT INCREASE PROJECT DESCRIPTION OF THE PROJECT The proposed project is a change in the policy of the Central Contra Costa Sanitary District (District) to allow an increase in the amount of treated wastewater (effluent) that would be discharged to Suisun Bay by the District via its outfall pipeline and structure. The proposed increase is from 45 million gallons per day (mgd) of average dry- weather flow (ADWF) to up to 53.8 mgd ADWF. (ADWF is the average daily discharge during the three consecutive months of the calendar year with the lowest discharge quantities, usually the mid- to late summer months.) The District owns, operates, and maintains a wastewater collection, treatment, disposal, and reclamation system serving nearly half the population of Contra Costa County. The District's wastewater treatment facility (WWTF) and discharge outfall are located in unincorporated Contra Costa County, near the City of Martinez. Under its 1995 National Pollutant Discharge Elimination System ( NPDES) permit, the District was limited to discharging up to 45 mgd ADWF of effluent to Suisun Bay. The permit imposes limits on the amount of effluent the District may discharge, includes conditions for the quality of the effluent, and defines action items with which the District must comply. The District must apply to the RWQCB every five years for re- issuance of the District's main operating water quality permit under the NPDES program. 2/21/02 U: \PPr \Bertera \Project Approval PP.wpd Page 5 of 20 The proposed increase cannot be implemented without an effluent discharge limit increase in the District's NPDES Permit. In anticipation of potentially reaching and exceeding the 1995 effluent discharge permit limit within the next several years, the District, in November 1999, submitted an application to the San Francisco Bay Regional Water Quality Control Board (RWQCB) for re- issuance of its 1995 permit, requesting an effluent discharge limit increase from the 45 mgd ADWF limit to a maximum of 53.8 mgd ADWF, an increase of 8.8 mgd. The District's WWTF and outfall system currently have sufficient daily capacity to treat, transport, and discharge in excess of the proposed maximum effluent quantity. Therefore, no physical changes to the existing treatment or outfall systems would be required to accommodate the proposed effluent discharge limit increase. On June 20, 2001, the RWQCB approved Order No. 01 -068 reissuing the District's NPDES Permit. The permit includes a provision allowing the District's effluent discharge limit to increase to 53.8 mgd ADWF once the RWQCB's Executive Officer approves the water quality "Antidegradation Analysis" the District submitted as part of its application. No schedule has been established for the Executive Officer's review of the study. While the District has decided to appeal some aspects of the NPDES Permit requirements, the effluent discharge limit increase provision is not included in that appeal. Furthermore, no other party has filed an appeal on the effluent discharge limit increase provision. There are two components to ADWF: base wastewater flow (BWF) and groundwater infiltration (GWI). This proposed effluent discharge limit is expected to accommodate planned growth within the District's service area through year 2035, as reflected in General and Specific Plans for service area jurisdictions, even during years 2/21/02 U: \PPr \Bertera \Project Approval PP.wpd Page 6 of 20 when GWI to the District's sewer pipeline system is high due to heavy rainfall. Without a change in District policy to allow the effluent limit increase, in years of high GWI, the District could reach or exceed its effluent discharge limit as early as year 2006, triggering the need for a sewer connection moratorium. The purpose of the proposed project is to allow the District to fulfill its obligation to reliably meet the wastewater disposal demand anticipated within its service area in accordance with projected and planned growth through year 2035. The proposed project is intended to accomplish the following objectives: • Provide existing and planned Central Contra Costa County residents and businesses with reliable sewer service through year 2035. • Effectively treat and dispose of both major sources of wastewater -- BWF and GWI -- through the year 2035. II. ADMINISTRATIVE RECORD For purposes of CEQA and the findings set forth below, the administrative record of the District decision on this project shall consist of the following: 1. the Draft and Final EIR for the project; 2. all reports, memoranda, maps, letters and other documents prepared by the District and its consultants; 3. all documents submitted by members of the public and public agencies in connection with the proposed project; 4. minutes and verbatim transcripts, if any, of all public meetings and public hearings held by the District; 5. any documentary or other evidence submitted at such public meetings and public hearings; and 2/21/02 U: \PPr \Bertera \Project Approval PP.wpd Page 7 of 20 6. Matter of common knowledge to the District, which it considers, including but not limited to, the following: a. the Contra Costa County General Plan; b. the City of Clayton General Plan; c. the City of Concord General Plan d. the Town of Danville General Plan; e. the City of Lafayette General Plan; f. the City of Martinez General Plan; g. the Town of Moraga General Plan; h. the City of Orinda General Plan; i. the City of Pleasant Hill General Plan; j. the City of San Ramon General Plan; and k. the City of Walnut Creek General Plan TERMINOLOGY /THE PURPOSE OF FINDINGS UNDER CEQA Section 15091 of the CEQA Guidelines requires that, for each significant environmental effect identified in an EIR for a proposed project, the approving agency must issue a written finding reaching one or more of the three allowable conclusions. The first is that Ic]hanges or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR." (Emphasis added.) The second potential finding is that "[s]uch changes or alternations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency." The third permissible conclusion is that "[s]pecific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternative identified in the final EIR." 2/21/02 U: \PPr \Bertera \Project Approval PP.wpd Page 8 of 20 As regards the first of the three potential findings, the CEQA Guidelines do not define the difference between "avoiding" a significant environmental effect and merely "substantially lessening" such an effect. The meaning of these terms therefore must be gleaned from the other contexts in which they are used. Public Resources Code Section 21081, on which CEQA Guidelines Section 15091 is based, uses the term "mitigate" rather than "substantially lessen." The CEQA Guidelines therefore equate "mitigating" with "substantially lessening." Such an understanding of the statutory term is consistent with Public Resources Code Section 21002, which declares the Legislatures's policy disfavoring the approval of projects with significant environmental effects where there are feasible mitigation measures or alternatives that could "avoid or substantially lessen" such significant effects. For purposes of these findings, the term "avoid" will refer to the ability of one or more mitigation measures to reduce an otherwise significant effect to a less -than- significant level. In contrast, the term "substantially lessen" will refer to the ability of such measure or measures to substantially reduce the severity of a significant effect, but not to reduce that effect to a level of insignificance. Although CEQA Guidelines Section 15091 requires only that approving agencies specify that a particular significant effect is "avoid[ed] or substantially lessen[ed]," these findings, for purposes of clarity, in each case will specify whether the effect in question has been fully avoided (and thus reduced to a level of insignificance) or has simply been substantially lessened (and thus remains significant). Moreover, although Section 15091, read literally, does not require findings to address environmental effects that an EIR identifies as merely "potentially significant," these findings will nevertheless fully account for all such effects identified in the Final EIR. 2/21/02 U: \PPr \Bertera \Project Approval PP.wpd Page 9 of 20 IV. LEGAL EFFECT OF FINDINGS To the extent that these findings conclude that various proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded or withdrawn, the Central Contra Costa Sanitary District ( "District ") hereby binds itself and any other responsible parties to implement those measures. These findings, in other words, are not merely informational or hortatory, but constitute a binding set of obligations that will come into effect when the District adopts a resolution approving the project. V. MITIGATION MONITORING PROGRAM Public Resources Code Section 21081.6 regarding a mitigation monitoring and reporting program is not applicable to this project since no changes or conditions of project approval are required to mitigate potentially significant effects. 1W SIGNIFICANT AND POTENTIALLY SIGNIFICANT EFFECTS AND MITIGATION MEASURES DIRECT EFFECTS. The Final EIR identified that the project would not result in direct, significant adverse impacts to the environment. The project would directly result in impacts that are individually less- than - significant, and would not, in combination with other projects, result in a significant impact. In addition, the project does not make a considerable contribution to any significant cumulative impact, including air quality, biological resources, water quality, traffic, and utilities and service systems. The project 2/21/02 WPPABertera \Project Approval PP.wpd Page 10 of 20 also will not result in new significant, irreversible environmental changes or a new irretrievable commitment of resources, except as identified below under "Indirect /Secondary Effects." INDIRECT /SECONDARY EFFECTS. The analysis contained in Chapter 6.0, Growth Inducement Potential and Secondary Effects of Growth, identifies growth- induced impacts that could occur if the proposed project were implemented. The 45 MGD ADWF effluent discharge limit poses a future barrier to planned growth within the service area described in adopted plans of service area planning agencies. This barrier to growth would occur when the 45 MGD ADWF effluent discharge limit is met, as follows: • Under high GWI conditions, as early as 2006; and • Under average GWI conditions, by approximately 2023. Under either of these conditions, once the effluent discharge limit is met, either the District would exceed its effluent discharge limit, which would be contrary to District policy, or the District would need to impose a sewer service moratorium to cap effluent to be discharged at the policy limit. The latter would, in effect, create a barrier to growth and delay some portion of growth- induced impacts that would otherwise occur with a higher effluent discharge limit in effect. It is important to note that while the effluent discharge limit may pose a future barrier to growth that the proposed project would eliminate, the proposed increase in discharge does not ensure that such growth would occur. Other actions and factors are necessary to accommodate or induce planned growth: • Regional housing and employment markets must support additional growth. • Adequate supplies of potable water and energy must exist and be made available. Such resources are managed and supplied by entities other than the District. 2/21/02 U: \PPr \Bertera \Project Approval PP.wpd Page 11 of 20 • Fundamental infrastructure such as roadways, water pipelines, and power lines must be adequately sized for future growth and be in place. Such infrastructure is constructed and managed by entities other than the District. • On a project -by- project basis, local decision - makers must exert their discretionary power of approval to allow or disallow the majority of planned growth, as well as to guide the fundamental nature and density of such growth. The adverse effects of such growth are generally avoided or otherwise addressed through mitigation measures and permit conditions imposed on a project applicant by the permitting agencies. • On a project -by- project basis, relevant permitting agencies also exert their discretionary judgment, and avoid or otherwise address adverse effects of growth via permit denial or conditions of approval. Should any one of these conditions, actions, or factors fail to materialize, it would create a barrier to growth. Moreover, it is important to recognize that only agencies with approval or permitting authority have available the primary mechanisms for avoiding growth- induced impacts via project modification or denial, or via conditions of approval, including mitigation measures. The intent of the proposed project is to respond to reasonably anticipated planned growth within the service area, as defined in service area General Plans. The project would serve demand for treated effluent discharge as that demand is presented to the District by local jurisdictions approving planned growth across the service area. The proposed project would not affect the density, distribution, scope, duration, or timing of growth in the service area for the following reasons: • The project would respond to growth whose density, distribution, scope, duration, and timing are determined by planning and approval processes that precede service by CCCSD. • The project would not affect local General Plan land use designations or zoning, which control planned land uses (scope) and development distribution and density. 2/21/02 U: \PPr \Bertera \Project Approval PP.wpd Page 12 of 20 • The project would not alter any District facility, including facility capacity, nor would it extend infrastructure into undeveloped or under - developed areas. Therefore, the Proposed Project would not affect development density, distribution, or scope. • The project would not affect the scope of growth because the project would not expand the District's service area. The District does not approve projects proposed by other agencies, nor does it issue discretionary permits. Therefore, the District's project authority is limited to approval of its own projects and to reducing the impacts of its own projects via project modification, approval of the proposed project or an alternative that could avoid or reduce impacts, and adoption and implementation of project- specific mitigation measures that avoid or reduce significant impacts of its own projects. In this case, no project- specific impacts would occur from implementation of the proposed project, and the District, therefore, has not needed to identify mitigation measures for direct project impacts. As demonstrated by the analysis presented in Chapter 6.0, Growth Inducement Potential and Secondary Effects of Growth, the project, in combination with other non - District actions, factors, and conditions, would accommodate planned growth in the District service area jurisdictions. Implementation of planned growth would result in secondary environmental effects. The effects of planned growth have been identified and addressed in the EIRs on the General Plans, and associated Specific Plans and General Plan Amendments adopted by each of the service area jurisdictions. Some of these secondary effects of growth are significant and unavoidable; others are significant but can be mitigated. Potentially significant, unavoidable impacts as a result of planned growth in the central Contra Costa County area have been identified in the following areas: agricultural and open space resources, land use, traffic, air quality, noise, public services, water 2/21/02 U: \PPr \Bertera \Project Approval PP.wpd Page 13 of 20 supply and facilities, wastewater disposal capacity, energy resources, visual resources, flooding, urban runoff, and vegetation /wildlife habitat. (Draft EIR, Table S -1) The proposed project would mitigate the effluent discharge limitation aspect of one of the impacts: need for additional wastewater disposal capacity. The project would not address or alter (improve or worsen) the other significant and unavoidable impacts, noted above, which would remain significant and unavoidable. Overall, the authority to implement mitigation for impacts associated with planned growth resides with the service area jurisdictions. The District does not have the authority to implement mitigation measures associated with land use and development actions of the local jurisdictions, nor does it have the authority or jurisdiction to implement mitigation measures necessary to address many of the identified significant, secondary effects of planned growth. However, the District recommends that other appropriate agencies implement the mitigation measures identified by local jurisdictions. The proposed project would mitigate the effluent discharge limitation aspect of one of the impacts: need for additional wastewater disposal capacity. The project would not address or alter (improve or worsen) the other significant and unavoidable impacts, which would remain significant and unavoidable. The District is not precluded from participating in existing mitigation programs or program -level mitigation identified in these EIRs, if such participation is feasible and within the District's scope of responsibility. However, the District is not required to implement program mitigation adopted by another lead agency, if implementation of that mitigation is clearly the responsibility of, and within the jurisdiction of, the adopting agency. FINDINGS. Although the secondary effects of growth remain potentially significant, unavoidable impacts, the District does not have the authority to control growth within its 2/21/02 U: \PPr \Bertera \Project Approval PP.wpd Page 14 of 20 service area nor to implement mitigation measures to address the secondary effects of growth. The District finds that authority to implement such mitigation measures lies with the land use /project permitting agencies, primarily the County and cities which enforce local, state and federal regulations through the permit process. Other agencies with authority to implement or with responsibility for mitigation measures include regional and state agencies such as the Bay Area Air Quality Management District, Metropolitan Transportation Commission, California Department of Fish and Game, California Department of Health Services, Caltrans, and the San Francisco Bay Regional Water Quality Control Board, and federal agencies such as the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency. (Draft EIR, Table 6 -6, pp. 6 -48 through 6 -90) f� FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES The District considered the feasibility of any project alternatives that could meet one or more of the CEQA screening criteria and would avoid or substantially lessen the project's indirect /secondary effects noted above. Only after determining that any such alternatives were infeasible could the District adopt a Statement of Overriding Considerations and approve the project. (Citizens for Quality Growth v. City of Mount Shasta (1988) 198 Cal.App.3d 433, 443 -445 [243 Cal.Rptr. 7271; see also Pub. Res. Code, Section 21002.) As will be explained below, the District concluded that none of the proposed alternatives could feasiblely meet the project's objectives while at the same time eliminating or substantially lessening the environmental effects of the project as described 2/21/02 U: \PPr \Bertera \Project Approval PP.wpd Page 15 of 20 in Section VI above, and thus has decided to approve the District's Effluent Discharge Limit Increase Project as proposed. ALTERNATIVES SCREENED FROM FURTHER CONSIDERATION. The Draft EIR identified several conceptual alternatives that did not meet one or more of the CEQA screening criteria: 1) a recycled water alternative that would divert all effluent above 45 mgd ADWF for further treatment and sale to recycled water customers; and 2) a groundwater infiltration reduction alternative that would seek to prevent infiltration of at least 8.8 mgd ADWF of groundwater. Both of these alternatives were infeasible for technical, environmental, social, and economic reason; both would have project- specific, construction - related environmental impacts that the proposed project would not have; and neither would avoid or reduce any of the growth - related impacts associated with the proposed project. Elements of each of these alternatives, however, were considered in the Hybrid Alternative described below. (Draft EIR, pp. 5 -3 through 5 -4) NO PROJECT ALTERNATIVE. Under the No Project Alternative, no effluent discharge limit increase would occur, and the District's normal wastewater transport and treatment operations would continue as they presently occur. This alternative includes ongoing maintenance and other efforts, such as the District's sewer renovation and recycled water programs, in accordance with current program schedules and budgets. Under the No Project Alternative, the District's effluent discharge limit would remain at 45 mgd. This alternative cannot serve planned growth as described in adopted service area plans, and therefore is fundamentally inconsistent with these plans. Because this alternative cannot serve projected planned growth, the District's discharge limit eventually would be met or exceeded, triggering the need for a sewer connection moratorium. 2/21/02 U: \PPr \Bertera \Project Approval PP.wpd Page 16 of 20 Therefore, this alternative would not fulfill project objectives. However, creating a partial barrier to growth would delay some of the significant growth- induced impacts that could occur from implementation of the proposed project, if the No Project Alternative lasts indefinitely, unless developers employ other wastewater service alternatives. (Draft EIR, p. 5 -5) REDUCED PROJECT ALTERNATIVE. Under the Reduced Project Alternative, only about one -half of the proposed effluent discharge limit increase would occur (4.4 mgd instead of 8.8 mgd), for a total maximum effluent discharge of 49.4 mgd ADWF. This alternative cannot serve planned growth as described in adopted service area plans, and therefore is fundamentally inconsistent with these plans. Because this alternative cannot serve projected planned growth, the District's discharge limit would be met or exceeded, triggering the need for a sewer connection moratorium. Therefore, this alternative only partially achieves project objectives. However, creating a partial barrier to growth would delay some of the significant growth- induced impacts that could occur from implementation of the proposed project if the Reduced Project Alternative lasts indefinitely, unless developers employ other wastewater service alternatives. (Draft EIR, pp. 5 -6 through 5 -7) HYBRID ALTERNATIVE. The Hybrid Alternative combines the lower effluent discharge of the Reduced Project alternative and escalation of the implementation of two existing District programs: the recycled water program and the sewer renovation program. Under this alternative, the effluent discharge would be 49.4 mgd ADWF. Diverting effluent to recycled water customers and reducing plant inflow by improving pipelines to reduce GWI would be needed to further reduce the amount of effluent discharged by at least an additional 4.4 mgd ADWF. This alternative would require 2/21/02 U: \PPr \Bertera \Project Approval PP.wpd Page 17 of 20 substantial compression of the District's sewer renovation and recycled water program schedules, and re- prioritization of the District's goals and objectives. It would also require aggressive construction and re- construction of facilities; such activity would result in project- specific environmental impacts not associated with the proposed project. It is uncertain if this alternative can be accomplished, given other District priorities and the fluctuating nature of the recycled water market. If successful, this alternative would fulfill project objectives, but would not avoid or substantially reduce the growth- induced impacts that could occur in part from implementation of the proposed project and would result in project- specific environmental impacts not associated with the proposed project. (Draft EIR, p. 5 -7) ENVIRONMENTALLY SUPERIOR ALTERNATIVE. By creating a barrier to growth as early as 2006, the No Project Alternative would avoid some of the significant growth- induced impacts that could occur in part from implementation of the Proposed Project. For this reason, the No Project Alternative is the environmentally superior alternative. However, this alternative is fundamentally inconsistent with adopted planning documents of the District's service area. In addition, it ranks lowest in ability to fulfill project objectives. Of the "action" alternatives, the Hybrid Alternative scores equally with the proposed project in its ability to fulfill project objectives and serve planned growth, but it would contribute to service area growth- induced impacts of the same type and significance as the proposed project. Its successful implementation, however, is uncertain, and it may result in project- specific environmental impacts not associated with the proposed project. Therefore, the proposed project is identified as the environmentally preferred alternative. (Draft EIR, p. 5 -9) 2/21/02 U: \PPr \Bertera \Project Approval PP.wpd Page 18 of 20 VIII. STATEMENT OF OVERRIDING CONSIDERATIONS As explained in Section VI above, the proposed project would accommodate planned growth in the District service area jurisdictions that would result in secondary environmental effects, some of which would be significant and unavoidable. CEQA Guidelines Section 15043, subdivision (b), and Section 15093 allow agencies to approve projects with significant unavoidable environmental effects, such as those set forth above, when the benefits of the projects outweigh those significant effects, and thus render them "acceptable." Despite the occurrence of these significant effects, the District chooses to approve the District's Effluent Discharge Limit Increase Project because, in its view, the economic, legal, social and other benefits that it will produce will render those significant effects acceptable. These benefits are chiefly derived from the District's ability to accommodate planned growth as described in the adopted land use plans of its service area jurisdictions. Implementation of the project will avoid the otherwise eventual need to institute an economically and socially disruptive sewer connection moritorium to limit additional wastewater flow into the District's treatment plant. Such a moritorium would restrict residential and non - residential construction activity, as well as expansion of commercial activities and housing opportunities. The proposed project will bring the District's effluent discharge limit policy in line with the effluent discharge limit that will be allowable under in the District's latest NPDES permit (once the RWQCB's Executive Director approves the Antidegradation Analysis). 2/21/02 WPPABertera \Project Approval PP.wpd Page 19 of 20 The proposed project also can accomplish these objectives with fewer environmental impacts, less community disruption, and at a lower cost than any alternative considered in the DEIR. 2/21/02 U: \PPr \Bertera \Project Approval PP.wpd Page 20 of 20 CSOD An Overview and Update March, 7 2002 By John Pearl, Division Manager Agenda *Who We Are • What We Do • How We're Doing • Where We're Going V, 'r i .:� .w� CEMTAA...tiTaa " "•„ SAN I 7.A -f � ... Y AMi i R w. r " r � l y_ _ r 1 9 Who We Are • Formed in November of 2001 • Purely operational group • Responsible for ■ 1,500 miles of sewer ■ 23 Pumping Stations ■ 10 Miles of recycled water pipe to 19 active customer sites • First point of customer contact • 50 employees CSOa Responsibilities Fleet and field Recycled PurylIft Vehicle Water Stations Shop Operations Fadillift Cleaning Construction CSOD Responsibilities Pumping Fleet and Field Recycled Stations Vehicle Shop Operations Water 7 4 34 Distribution Facilities (2) Cleaning Construction (18) (16) CSOD Managers -70111' lwer, • John Larson • John Pearl & Jim Kelly 3 -Year Turnover * Includes Pumping Stations Agenda • Who We Are ,*What We Do • How We're Doing • Where We're Going # of Retired/ Turnover % of New Authorized Transferred Percentage Hired Hires Positions '99/00 3 6% 5* 11% 44.5 '00/01 7 13% 3* 6% 44.5 '01/02 4 8% 3 6% 45/51 Retired/ Transferred/ Supervisor # of Authorized Hired/ Eliminated Turnover positions (incl. MCLs) Promoted/ % of New Positions Percentage Transferred Supervisors '99/00 3 15% 20 1 5% '00/01 8 40% 20 5 20% '01/02 4 17% 23* 1 4 17% * Includes Pumping Stations Agenda • Who We Are ,*What We Do • How We're Doing • Where We're Going What We Do • Collect and transport wastewater • Repair sewer lines and related facilities • Work in both streets and easements • Lift wastewater over hills - 20% of total flow • Distribute recycled water • Manage & maintain the District's vehicle fleet The focus is keeping wastewater within the collection system. Agenda • Who We Are • What We Do • How We're Doing • Where We're Going How We're Doing • Overflows • Safety • Financial - Maintenance & Operations • Customer Service • Pumping Stations • Cleaning • Recycled Water • Construction • Vehicles • Benchmarking • Employees Overflow Comparison Chart 160 140 120 100 11111 xu 60 0 au o 144 1-41 1999 2000 2001 Overflow Comparison Chart 14% 54% Routine Scheduled Misc. Debris How We're Doing • Overflows • Safety • Financial - Maintenance & Operations • Customer Service • Pumping Stations • Cleaning • Recycled Water • Construction • Vehicles • Benchmarking • Employees Cal /OSHA - Recordable 2001 Injury & Illness Statistics Section Hours Worked Injuries Frequency Rate Operations Support Field Operations Pumping Stations 17.439 59,609 i 13,252 2 22.9 16 0 53.7 0.0 Total 90,301 18 39.9 Vehicle Accidents - 2001 • Cleaning - 4 • Construction - 1 • Fleet Services - 1 • Pumping Stations - 3 How We're Doing • Overflows • Safety • Financial - Maintenance & Operations • Customer Service • Pumping Stations • Cleaning • Recycled Water • Construction • Vehicles • Benchmarking • Employees CSOD O &M Budget 6.000.000 5.000,00a - 4.000.000 3.000.000 ?.000,000 1,000,000 I 0 I Labor Expenses Total Pumping Stations O &M Budget 1.400.01)0 1.200.000 A 1.000.000 800,000 6011.0110 400.001► 88/89 90/91 92193 94/95 96/97 98199 00 /01 Labor I- Apenscs Tolal Financial Performance FY 00/01 FY 01/02 (Actual) (Projected) Collection Systems Budgeted $ 4,924,118 $ 5,266,218 Final $ 4,939,597 $ 5,164,518 Difference $ 15,4791 $ 101,700 Pumping Stations Budgeted T $ 1,354,585 $ 1,439,248 Final $ 1,216,456 $ 1,499,248 Difference $ 138,129 -$60,000 How We're Doing • Overflows • Safety • Financial - Maintenance & Operations • Customer Service • Pumping Stations • Cleaning • Recycled Water • Construction • Vehicles • Benchmarking • Employees 2001 Customer Service Statistics On -Call Response time (12 month average) Response time (not including consecutive calls) 45 minutes Number of calls (including consecutive calls) 247 User Feedback Survey (12 month average) Overall Service (out of 4.0) 3.72 (letter grade A) Number of responses 183 2001 return rate 46% 15 r' y WIN }$ i y WIN -,owl -At -t-7 AG rx 40 ION AG rx r ;F r- •V�1 •�_ ._• OAK `e How We're Doing • Overflows • Safety • Financial - Maintenance & Operations • Customer Service • Pumping Stations • Cleaning • Recycled Water • Construction • Vehicles • Benchmarking • Employees M C � A, ---ow j wi r .k� w R 1 Pipeline Statistics • Miles of Pipeline ■ 1946 15 mi. ■ 1948 80 mi. ■ 1957 310 mi. ■ 1990 1300 mi. ■ 2002 1500 mi. • 391 miles of easements • 1,080 miles of 6" & 8" pipe • 645 miles of vitrified clay pipe Scheduled Lines by Frequency 39 "' 14 1 -3 Month 6 -9 M onth 12 1lonth 18 -24 )I onth 36 -60 .M onh Scheduled Cleaning 1/3 Of system on scheduled cleaning Note: Hand rod miles approx. 10 miles per year '02 Scheduled 226 224 99.1 233 Hydro 232 231 99.6 Power 244 247 246 99.6 Rod 243 242 99.6 242 Completed % complete Scheduled 264 254 267 Complete 225 % Complete 96.6 241 98.7 260 251 - 98.5 98.8 1/3 Of system on scheduled cleaning Note: Hand rod miles approx. 10 miles per year Routine Cleaning • Cleaned once every 10 years minimum at an interval less than 10 years • Hydroflush 14" max • Power rodder 12 "max • 2/3 of system on routine cleaning • Peak routine feet in 93 -94 • VC & AC pipe, 12" or less is the priority for cleaning 250.000 200.000 �. 150,000 j I 100.000 t 50.000 Routine Cleaning 1998 1999 2000 2001 HNrolush — a —Po«cr Rod How We're Doing • Overflows • Safety • Financial - Maintenance & Operations • Customer Service • Pumping Stations • Cleaning • Recycled Water • Construction • Vehicles • Benchmarking • Employees Recycled Water • Approximately 10 miles of recycled water lines • 19 delivery sites • Pipe size range from 24" - 8" of various materials • Pressurized system - 110 -115 psi How We're Doing • Overflows • Safety • Financial - Maintenance & Operations • Customer Service • Pumping Stations • Cleaning • Recycled Water • Construction • Vehicles • Benchmarking • Employees Priority System • Priority 1 • Dig up equipment lost or stuck in pipe (retrieve TV camera, stuck augers or hydro hose) • Emergency repairs • Homeowner complaint • Priority 2 • Confined space entry to remove heavy roots • Structure paved over in street • Priority 3 • Minor cracks • RI riser repairs Priority System • Priority 4 • Channel repairs for TV access • Request from crews for new manhole • Priority 5 ■ Backlog prior to May 1992 Recent Construction Activity 600 500 400 300 ?00 l0U 0 Tota10 pen Folders Priorit} 0 ne Folders Folder Turnover goo 9( 80 70 60 ;0 40 30 0 iu o •��� .1� ' �J` fee ,�° �`�° .��� .ti`s ' � °` �eQ ';° ��O Added Folders -a- Completed Folders How We're Doing • Overflows • Safety • Financial - Maintenance & Operations • Customer Service • Pumping Stations • Cleaning • Recycled Water • Construction • Vehicles • Benchmarking • Employees iz rIO ,MR Vehicle Inventory • Current 96 • Proposed vehicle budget 87 How We're Doing • Overflows • Safety • Financial - Maintenance & Operations • Customer Service • Pumping Stations • Cleaning • Recycled Water • Construction • Vehicles • Benchmarking • Employees r� I Benchmarking Facilities Average Median CCCSD Miles of Pipe 2523 85% 34 83% 49,033 4.1 2547 84% 1500 69% % in Right of Way Average age % small pipe 29 36 84% 41,000 3.9 91% 28,000 Manholes P.S. /F.T.E. 3.3 Benchmarking Benchmarking Average 7-M edian J- CCCSD Construction Main repair per FTE 15.3 10.4 23.9 No. of IFTE's 100 1.6 1.5 0.7 miles of pipe 35 Rodding: Miles per CCTV FTE's per 100 miles of 0.4 0.3 0.1 pipe Spills /Overflows Per 100 miles/yr Miles TV'd per FTE 15.2 11.3 17.9 Benchmarking Average Median CCCSD Preventative Maintenance Vactor: Miles per FTE 41 37 35 Rodding: Miles per 24 21 40 FTE Spills /Overflows Per 100 miles/yr 0.9 0.4 2.0 (>1,000 gal) Gal./mile/yr 377 131 307 Per 100 miles/yr 6.3 4.2 6.9 (all spills) Claims /100 3.2 0.6 0.5 miles/yr New Benchmarking Effort • MOU - 7 Agencies • CCCSD • City of Sacramento • Union Sanitary District • Orange County Sanitation District • City of Los Angeles • City of San Diego • County of Sacramento How We're Doing • Overflows • Safety • Financial - Maintenance & Operations • Customer Service • Pumping Stations • Cleaning • Recycled Water • Construction • Vehicles • Benchmarking • Employees Awards • CWEA - Bay Section ■ Collection System of the Year 1988, 1992, 1996 • CWEA - State Level: • Award for Excellence 1988 • Collection System of the Year 1992 • US EPA ■ Operations & Maintenance Excellence Award 1989 • CWEA President - John Larson Paul Louis - Collection System Supervisor • Past Chair of CWEA Collection Systems Committee - State • Chair of CWEA Awards Committee - State • Northern Liaison to CWEA TCP Committee - State • Completing 2nd term as Collection Systems Committee - Bay Section • Second Director in line for Section Chair - Bay Section Agenda *Who We Are • What We Do • How We're Doing • Where We're Going Regulation Impacts • CMOM /Cal CMOM • Prohibition of SSOs • Southern California & beach closures • Vehicle emissions • Pumping Stations - odors and engines Information Systems - CSOD A Critical User • Fleet Max • SMMS /Sussex /lap top computers • Mainsaver at pumping stations • Ethernet • GDI Sussex Wmk Management System 7. 3. 42 Database. Swms.mdb M— Menu SUSSEX WORK AL- 1N_1GEAlE-W SYSTEM I —wn -.?. 12 i 1991 - 2002 Susses Business Syxtems 1nr. I irensed fu: C C C Sauitat% Dktrirt Serial Number: 1998 -1123 -998 Walnut Creek Facility • Constructed in 1956 • Location issues • Short term • Longterm ■ Facilities Task Force Staffing • Needs based • Impact of regulation • Impact of TV inspection program • Recent efficiencies gained • Cleaning crews 3 - 2 • Construction crews 5 - 4 • Pumping Stations 9 - 7 Small Pipe TV Inspection Program • Target is 250,000+ feet of 6 ", 8" and 10" pipe • First focus is East Bay MUD watershed • Technology permits the "capture" of bad pipe segments, etc., onto CDs Chemical Root Control • Focused on system segment that requires hand rodding • 27,000 feet this year @ 75 cents /ft. • Effect is guaranteed for two years (1St treatment), and 3 years for subsequent treatments) Corrosion Control • Crown Spraying ■ 13,500 ft • Nearly all repeat • Martinez and Moraga • Working with Engineering Department on causes and controls Pumping Station Construction Program • PS required in spite of "No Pump Station Policy" ■ Terrain constrained • A history of building, remodeling, and upgrading • Growth of stations, especially in the South • Current major projects ■ PS SCADA ■ San Ramon PS ■ Lower Orinda PS Opportunities • Continue the focus on cleaning effectiveness and efficiency • Improved management of routine cleaning • Management of the vehicle fleet • Pumping Station SCADA • Increased cooperation /integration between CSO and Pumping Stations • Use of information and technology to address sewer problems Opportunities coat... • Coordination with engineering, including Source Control • Resolution of issues around major slides and erosion areas • Pipe corrosion - causes and cures • Dealing with the impact of new regulations • Continued benchmarking and implementation of "best practices" • Crew Leader training program .j Overview • Instructor Information and Qualifications • Attendees • Presentation Information • Desktop Exercises • County Coordination Efforts • Next Steps Instructor Information • Wende Schallman • Retired Fire Service Training Officer, Alameda County • Certified Instructor, California Specialized Training Institute (CSTI) • 18 Years of Hand on Experience with Incident Command • Cypress Structure Collapse, Oakland Fire Storm, Niles Canyon Flood 1 Summary of Emergency Response Plan • Implement the incident command system • Implement CCCSD's emergency response plan • Understand the hazards and risks associated with emergencies • Manage the emergency • Mitigate the emergency ✓ Get back to normal Attendees • General Manager • Department Directors • Managers • Plant Superintendents • CSO Superintendents /Supervisors • Shift Supervisors 2 Presentation Information • Principles of Emergency Management • Structure of Command • Managing Multiple Functions • Communications • Developing Action Plan • Activating the Emergency System • Perimeter Control • Coordinating the Emergency Scene • Psychological Impact of Emergencies • Handling the Media • Activating of Emergency Ops Center Desktop Exercises • Aircraft Crash • Bomb Threat • Civil Unrest • Disruptive Intruder • Compressed Gas Release • Power Outage • Earthquake • Fire • Floods • High Winds • Natural Gas Leak • Power Outage • Spill to the Collection System County Coordination Efforts • Participant in County Wide Mutual Aid System • WWARN Agreement • Participate in County Wide Incident Command Operations Meetings • County Emergency Alert System • Provide staffing to E.O.C. in the event of a major emergency. 3 Next Steps Modify and Update Current District Emergency Plan — Plan Modified July 1995 by EQE International — Review of Plan shows updates and modifications required — Emergency Management Consultant to review and update plan (6 months) Next Steps Train Additional CCCSD Employees on Emergency Preparedness and Incident Command — 220 Additional Employees Require Training — Consultant and District Staff to Provide — Prior to Sept. 1, 2002 Next Steps Conduct Training Drills on Evacuation and Shelter in Place on a regular basis. — Conduct Training Drills on shelter in place and emergency evacuation — District staff to schedule and coordinate quarterly 4 Next Steps Continue work on District Notification System at POD and HOB — District staff has identified areas in the HOB and POD where the notification system is not audible. — Staff to conduct ongoing testing to optimize performance of existing system — Consultant/Contractor will be required to upgrade system in dead areas. Board Presentation Douglas J. Craig March 7, 2001 AGENDA Description of Pacific Gas & Electric Outage X Treatment Plant Power Impacts 39 Treatment Plant Staff Response x Status of Cogeneration 39 Cost of Power Outage • Summary • Questions Description of PG &E Outage • February 24, 2002 at 11:20 p.m. • Ground fault on 115 KV line st 1.77 miles east of Bowman Water Plant 39 Cause unknown 39 Other customers affected X Power restored at 11:53 p.m. Treatment Plant Power Impacts • Treatment plant went black • Cogeneration tripped off — Ground Fault • Standby power did not automatically start $9 Several breakers opened 2 Treatment Plant Power Impacts x Standby power manually started and failed • PG &E restored power at 11:53 p.m. • Treatment plant power was restored at 11:57 p.m. • Cogeneration manually restarted but failed Treatment Plant Staff Response Shift change at 11:30 p.m. Two shifts and Electrical Technician worked to restore power • Nearly 500 alarms in 33 minutes • Restart and stabilize processes 3 Treatment Plant Staff Response 39 No air to activated sludge for over 3 hours • By- passed effluent to ponds for 44 hours • No NPDES permit violations • No furnace opacity exceedances • Two odor complaints Status of Cogeneration $9 Tripped on ground fault st Internal damage X Sent to Houston February 27, 2002 $9 New, rebuilt unit arrived March 7, 2002 4 Cost of Power Outage X Cogeneration electric cost equal to PG &E electric cost 39 Steam value • PG &E Demand Charge • Odor Control X Total 39 Rare event - $48,000 (12 days) - $341,000 (2 months) -$5,000 -$871,000 Summary • Fortunate timing • Rapid staff response • No violations • Quick turn- around on Cogeneration • Costly event s 1 � i �> •ate. � � ,- b ` TI& , / 23 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 7, 2002 No.: 7.a. TREATMENT PLANT Type of Action: AUTHORIZE SUPPLEMENTAL FUNDS /CHANGE ORDER Subject: AUTHORIZE $25,000 OF SUPPLEMENTAL FUNDS FOR THE AERATION AIR LEAKS DETECTION ASSESSMENT PROJECT, DISTRICT PROJECT NO. 6157A; AUTHORIZE A CONTRACT CHANGE ORDER Submitted By: Initiating DeptJDiv.: James L Belcher, Senior Engineer Operations Department, Plant O erations Div. REVIEW D RECOMMENDED FOR BOARD ACTION. J. Belcher J. Kelly Charles alts, General Manage ISSUE: The Board of Directors must authorize additional project funding when supplemental funding requirements exceed 15 percent of Board - approved project budgets. The Board of Directors must authorize contract change orders that exceed 10 percent of the contract cost. RECOMMENDATION: Authorize $25,000 of supplemental funding for the Aeration Air Leaks Damage Assessment Project, District Project No. 6157A. Authorize issuing Contract Change Order No.1 to D &D Pipelines in an amount up to $50,000. FINANCIAL IMPACTS: Approximately $25,000 in additional construction funds. ALTERNATIVES /CONSIDERATIONS: It is economically advantageous to complete the change order work at this time. BACKGROUND: The Board authorized award of the Aeration Air Leaks Damage Assessment Project, District Project 6157A, on November 15, 2001. D &D Pipelines was the low bidder at $94,000. Due to the uncertain nature of the project, staff requested a 32 percent contingency amount of $30,000, thus making the Board authorized project cost $124,000. This Aeration Air Leaks Damage Assessment Project is the initial phase of a multi -phase effort to identify and repair the source of large amounts of aeration air leaking from near and under the aeration and nitrification (A &N) tanks. The two -fold concern is that the aeration air leaks are wasting valuable energy, but more importantly could be undermining the soil foundation of the tanks and nearby roads and piping. The aeration air is leaking directly from under the tanks and from piping on the north and south sides of the A &N tanks. Also, there were known corrosion - generated leaks in the Tunnel T -7 interior aeration air piping. The contract work included excavating four 12 to 20 -foot deep holes and installing engineered shoring to provide safe access for inspection and repair of the piping leaks. In the course of the contract work, changed field conditions required significant, additional out - of -scope effort. Three excavation sites required doubling excavating and shoring to identify 3/1/02 S:\ Correspondence \POSPAPR \2002\Aeration Air Leaks.pp.wpd Page 1 of 2 POSITION PAPER Board Meeting Date: March 7, 2002 Subject: AUTHORIZE $25,000 OF SUPPLEMENTAL FUNDS FOR THE AERATION AIR LEAKS DETECTION ASSESSMENT PROJECT, DISTRICT PROJECT NO. 6157A; AUTHORIZE A CONTRACT CHANGE ORDER the source of the leaks. At one site, a 78 -inch diameter flange was welded on, in addition to the expected bolt restraint. This delayed entry into the pipe and required cutting the welds to enter. The cost to complete this contract change order work will exceed the $30,000 project contingency and will require supplemental project funding up to $25,000. Board authorization is required when supplemental project funding exceeds Board - approved budgets by greater than 15 percent. Board authorization is required when a change order exceeds 10 percent of the project budget or is greater than $50,000. RECOMMENDED BOARD ACTION: Authorize $25,000 of supplemental funding for the Aeration Air Leaks Damage Assessment Project, District Project 6157A. Authorize issuing Contract Change Order No.1 to D &D Pipelines in an amount up to $50,000. 3/1/02 S:\ Correspondence \POSPAPR\2002\Aeration Air Leaks.ppmpd Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 7, 2002 No.: 9.a. BUDGET AND FINANCE Type of Action: subject: APPROVE AN INCREASE IN THE LOCAL AGENCY INVESTMENT FUND (LAIF) MAXIMUM INVESTMENT LIMIT Submitted By: Debbie Ratcliff, Controller Initiating Dept. /Div.: Administrative /Finance & Accounting REVIEWED AND RECOMMENDED FOR BOARD ACTION.• J ► J. King D. Ratcliff K M graves General Manage ISSUE: L The Board of Directors reviews and sets policy regarding the District's temporary investments. RECOMMENDATION: Approve staff's request to increase the limit in the Sewer Construction Fund LAIF account to $40 million. FINANCIAL IMPACTS: If the District increased its investment in LAIF from the District's current $30 million limit to the $40 million limit allowed by LAIF, the District's interest income could increase by up to $137,000 per year based on the current interest rates. ALTERNATIVES /CONSIDERATIONS: The Board could choose to keep the LAIF limit at the current limit of $30 million. However, it is difficult to find short -term investments and the interest rate on these short- term investments are less favorable than the return on LAIF. BACKGROUND: Effective January 1, 2002, the State Treasurer has increased the Local Agency Investment Funds (LAIF) deposit limit from $30 to $40 million. LAIF is part of the Pooled Money Investment Account (PMIA) which has policies, goals, and objectives to ensure that safety, liquidity, and yield are not jeopardized and that prudent treasury management prevails. LAIF is overseen by the Pooled Money Investment Board (PMIB) and Local Agency Investment Advisory Board and is subject to various Government Code provisions which state that LAIF is not subject to loans or transfers and it is not subject to impoundment or seizure by any State Official or State Agency. The $18.9 billion LAIF is part of a $52.3 billion pooled investment account. LAIF is subject to annual audits. There are currently 3,039 member agencies. 2/27/02 H:\ WPDOCS \LaifincrPositionPaper.wpd Page 1 of 2 POSITION PAPER Board Meeting Date: March 7, 2002 Subject: APPROVE AN INCREASE IN THE LOCAL AGENCY INVESTMENT FUND (LAIF) MAXIMUM INVESTMENT BALANCE Currently the District's LAIF limit is at $30 million. In order to maximize the return on the District's investment portfolio, staff requests the limit be increased to the $40 million maximum allowed by LAIF. Due to the continuing decline in interest rates, the return on short -term investment vehicles have yielded 1 to 1.5 percent less than LAIF. When the District's LAIF balance is at $30 million, it forces staff to buy very short -term investments to meet obligations such as payroll and contractor progress payments. These short -term investments are hard to find, frequently yield less interest income than LAIF, and are more expensive to purchase than LAIF due to higher transaction and service fees. This request will be discussed with the Board Finance Committee on Monday, March 4, 2002. RECOMMENDED BOARD ACTION: Approve staff's request to increase the limit in the Sewer Construction Fund LAIF account to $40 million. 2/27/02 H:\ WPDOCS \LaifincrPositionPaper.wpd Page 2 of 2