HomeMy WebLinkAbout10/21/2004 AGENDA BACKUPCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 21, 2004 No.: 3.a. CONSENT CALENDAR
Type of Action: REJECT CLAIM
subject: REJECT CLAIM FOR DAMAGES BY TOM APPELBAUM, 19 LOMA VISTA
DRIVE, ORINDA
submitted By: Kimberly Greer Initiating Dept. /Div.: Administrative
Safety & Risk Management Administrator
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
K. Greer sgraves
General
ISSUE: The District received a claim for damages to the vehicle belonging to Tom
Appelbaum for $2,152.71.
RECOMMENDATION: Reject the claim.
FINANCIAL IMPACTS: There are no immediate financial impacts for rejection of the
claim.
ALTERNATIVES /CONSIDERATIONS: The alternative to this action is to pay the claim
as submitted, or offer a portion of the requested amount.
BACKGROUND: The District received a phone call from Mr. Appelbaum on or about
August 5, 2004 stating that upper and lower oil pans (strut suspension) of his 1989
240SX Nissan, being driven by his son, were damaged as a result of driving over a
manhole cover belonging to the District. He was seeking reimbursement for the cost of
repairs.
The District received a formal claim from Mr. Appelbaum on August 13, 2004.
After conducting an investigation, staff found the manhole cover to be firmly in place
with no evidence of unseating. There had been no recent cleaning or maintenance
work. The structure itself is approximately one to one and one half inches above the
street level, with some evidence of paved fill. CSO staff has confirmed that the
District's structure has not raised, but more than likely the street has settled from
around the structure. Staff does not believe the District has any responsibility toward
this claim.
RECOMMENDED BOARD ACTION: Deny the claim submitted by Mr. Tom Appelbaum
and direct staff to send a rejection letter to the claimant.
Page 1 of 1
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 21, 2004
Type of Action:
No.: 3.b. CONSENT CALENDAR
subject: AUTHORIZE PARTICIPATION IN THE STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES REUTILIZATION SURPLUS PROPERTY
PROGRAM
Submitted By: Diane Wagner Initiating Dept /Div,: Administration /Purchasing
Purchasing and Materials Manager
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
D. Wagner R. M rave
General
ISSUE: Board authorization is required by the State of California for participation in the
Department of General Services Surplus Property Program.
RECOMMENDATION: Adopt the attached resolution authorizing the District's
participation in the Department of General Services Surplus Property Program and
authorize the Purchasing and Materials Manager to complete the requisite application
and supplemental paperwork.
FINANCIAL IMPACTS: Potential cost savings may be realized by the District by
purchasing equipment and supplies through the state surplus property program.
ALTERNATIVES /CONSIDERATIONS: Do not authorize participation in the state
surplus property program.
BACKGROUND: The State of California Department of General Services Reutilization
disposes of salvage and surplus property from California state agencies. Additionally,
the State of California Department of General Services has been designated by the
United States General Services Administration to manage federal surplus property as
the California State Agency for Surplus Property. Both state and federal personal
property are made available to state and local agencies, special districts, school
districts and designated non - profit organizations, on a first come -first served and needs
basis. The property available includes communication equipment, construction
equipment, electronic equipment, furniture, tools and vehicles.
RECOMMENDED BOARD ACTION: Adopt the attached resolution authorizing
participation in the State Surplus Property Program and authorizing the Purchasing and
Materials Manager to complete the requisite application and supplemental paperwork.
Page 1 of 2
H: \Correspondence \Board Position Papers \State Surplus Property Program, October 21, 2004.doc
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE PARTICIPATION IN THE STATE OF CALIFORNIA
SURPLUS PROPERTY PROGRAM
WHEREAS the State of California Department of General Services Reutilization disposes of
salvage and surplus state personal property from California state agencies through the State
Surplus Property Program; and
WHEREAS the State of California Department of General Services has been designated by the
United States General Services Administration to manage federal surplus property as the
California State Agency for Surplus Property; and
WHEREAS it is in the District's best interest to on occasion acquire state and federal surplus
property.
BE IT RESOLVED:
That the Board of Directors of the Central Contra Costa Sanitary District does hereby authorize
the District's participation in the California Department of General Services Reutilization and the
California State Agency Surplus Property Program for the purpose of acquiring surplus state
and federal personal property; and
BE IT FURTHER RESOLVED THAT:
The Purchasing and Materials Manager or his /her designee is hereby authorized as the Board's
representative to acquire surplus property from the California Department of General Services
Reutilization and the California State Agency for Surplus Property.
PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors this
21" day October, 2004 by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
COUNTERSIGNED:
Secretary of the District Board of the
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
Approve as to Form:
Kenton L. Alm
District Counsel
President of the District Board of the
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
Page 2 of 2
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Energy
Update
Board of Directors' Meeting
Craig Mizutani
October 21, 2004
Energy Overview
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Electricity
$360,700
$255r000
Natural Gas
$1,951,000
$2x244,500
Landfill Gas
$560,000
$624,000
Energy
Update
Board of Directors' Meeting
Craig Mizutani
October 21, 2004
Energy Overview
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utility
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Electricity
$360,700
$255r000
Natural Gas
$1,951,000
$2x244,500
Landfill Gas
$560,000
$624,000
Current Natural Gas
Purchases
60% of gas already purchased a $5.20
perdecatherm. Budgeted $5.34 per
#'
To meet budget, future purchases of
remaining % • at $5.56 per decatherm-
At
Board ■■ f f; 11
i per decatherm. Waiting for
natural gas prices to soften,
current Natural Gas
Price
Natural Gas Price Factors
— Weather
Storage
—Global Demand
Geo- Political Issues
Current Price $7.44 ; .
clecattern
Natural Gas Purchase
,4 Prices have not dropped as
anticipated.
Need to lock in prices as we head
into peak demand season.
Proposed Natural
Purchases
s
Gas
Propose • purchase remaining • il"
at less than • ii per decatherm
Estimated budget overrun will be
$400,000
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 21, 2004 No.: 6.a. ADM I N I STRAT I V E
Type of Action: ADOPT RESOLUTION
subject: CONSIDER ADOPTION OF A RESOLUTION APPROVING AND
CONSENTING TO THE DESTRUCTION OF RECORDINGS OF DISTRICT BOARD
MEETINGS
Submitted By: Joyce E. Murphy Initiating Dept. /Div.: Administrative
Secretary of the District
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
4--"S
Alm
ISSUE: The Board is asked to consider the appropriate retention period for recordings
of Board Meetings. A draft resolution is attached for the Board's consideration.
RECOMMENDATION: Adopt the attached resolution approving and consenting to the
destruction of recordings of District Board Meetings 30 days after the recording, or as
soon thereafter as the final minutes of the Board Meeting are approved by the Board of
Directors.
FINANCIAL IMPACTS: None associated with this action.
ALTERNATIVES /CONSIDERATIONS: Determine that the recordings should be
retained for some period other than 30 days, or that the recordings should be retained
permanently.
BACKGROUND: The Ralph M. Brown Act, Government Code Section 54953.5(b)
provides that any tape or film record of an open and public meeting made for whatever
purpose by or at the direction of the local agency is subject to inspection pursuant to
the California Public Records Act, but may be erased or destroyed 30 days after the
taping or recording. Further Government Code Section 60201 provides that records
may be destroyed with the approval of the legislative body by resolution, if destruction
or disposition of this category of records will not adversely affect any interest of the
District or of the public, and if a list is maintained by category of the types of records
destroyed or disposed of that reasonably identifies the information contained in the
records in each category. Section 60201 further states that the legislative body may,
by resolution, adopt and comply with a record retention schedule that complies with
guidelines provides by the Secretary of State pursuant to Section 12236, that classifies
all of the district's records by category, and that establishes a standard protocol for
destruction or disposition of records.
Page 1 of 3
POSITION PAPER
Board Meeting Date: October 21, 2004
subject: CONSIDER ADOPTION OF A RESOLUTION APPROVING AND
CONSENTING TO THE DESTRUCTION OF RECORDINGS OF DISTRICT BOARD
MEETINGS
The Board of Directors has adopted Resolution No. 87 -209, establishing and approving
the District's Records Retention Schedule. This Records Retention Schedule is in
conformance with Government Code Section 12236, and classifies records by category
and establishes a standard protocol for destruction or disposal of records. The
Records Retention Schedule is the foundation of the District's Records Management
Program and used by staff to manage the creation, storage, and eventual disposition or
destruction of District records.
In the past, the final minutes approved by the Board of Directors have served as a
permanent record of District Board Meeting proceedings, and all notes used in
preparing the minutes have been destroyed in accordance with the District's Records
Retention Schedule once the minutes are approved. The District's Records Retention
Schedule also provides that temporary mechanical recordings are classified as non-
material records and may be destroyed as soon as they have served their intended
purpose. With the installation of the digital recording system, it is appropriate for the
Board to consider whether the digital recordings created should be classified as
temporary mechanical recordings and disposed of as soon as they have served their
intended purpose in compliance with the Brown Act, Government Code Section 60201,
and the District's Records Retention Schedule or whether the digital recordings should
be retained as part of the permanent records of the District.
A draft resolution has been prepared for the Board's consideration, classifying digital
recordings in the same category as shorthand notes and other temporary mechanical
recordings. In accordance with the Ralph M. Brown Act, it is proposed that a retention
period of 30 days after the taping or recording or as soon thereafter as the Board of
Directors approves the final minutes, be established for destruction of digital recordings
of District Board Meetings.
RECOMMENDED BOARD ACTION: Adopt the attached resolution approving and
consenting to destruction of recordings of District Board Meetings 30 days after the
recording, or as soon thereafter as the final minutes of the Board Meeting are
approved.
Page 2 of 3
RESOLUTION NO. 2004-
RESOLUTION AUTHORIZING DESTRUCTION OF
RECORDINGS OF DISTRICT BOARD MEETINGS
WHEREAS, the final minutes approved by the Board of Directors shall serve as a permanent
record of District Board Meeting proceedings; and
WHEREAS, temporary mechanical recordings of District Board Meetings are made to facilitate
production of minutes for approval by the Central Contra Costa Sanitary District Board of
Directors; and
WHEREAS, the Ralph M. Brown Act, Government Code Section 54953.5(b) provides that any
tape or film record of an open and public meeting made for whatever purpose by or at the
direction of the local agency may be erased or destroyed 30 days after the taping or recording;
and
WHEREAS, Government Code Section 60201 provides that records may be destroyed with
the approval of the legislative body by resolution.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Directors of the Central Contra
Costa Sanitary District finds that recordings of District Board Meetings are temporary, non-
material records and destruction or disposition of this category of records will not adversely
affect any interest of the District or of the public; and
BE IT FURTHER RESOLVED THAT in accordance with Government Code Section
54953.5(b), recordings of District Board Meetings shall have a retention period of 30 days after
recording or as soon thereafter as the Board of Directors approves the final minutes, at which
time recordings of District Board Meetings shall be erased or destroyed.
PASSED AND ADOPTED this 21St day of October 2004, 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 of the Central Contra
Costa Sanitary District, County
Of Contra Costa, State of California
Approved as to form:
Kenton L. Alm
District Counsel Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 21, 2004 No.: 7.a. ENGINEERING
Type of Action: ADOPT RESOLUTION' AUTHORIZE AGREEMENT
subject: ADOPT RESOLUTION ACCEPTING A GRANT OF EASEMENT
FROM SHAPELL INDUSTRIES, INC. AND PUBLIC SEWER IMPROVEMENTS
FROM WINDEMERE BLC LAND COMPANY FOR THE ALAMO CREEK BRIDGE
AND TRUNK SEWERS AT THE DOUGHERTY VALLEY TUNNEL EAST PORTAL;
AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN "INDEMNITY AND
HOLD HARMLESS AGREEMENT" REGARDING CONSTRUCTION, OPERATIONS,
AND MAINTENANCE OF THE BRIDGE AND TRUNK SEWERS (DISTRICT
JOB 5474 — PARCEL 1)
Submitted By: Jarred Miyamoto -Mills Initiating Dept /Div.:
Principal Engineer Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
J. Miyamoto -Mills C. Swanson A. Farrell . Alm
General
ISSUE: The Board of Directors must accept Grants of Easement (GOE) and public
sewer improvements by resolution, and must authorize execution of agreements
regarding real property.
RECOMMENDATION: Adopt a resolution accepting a Grant of Easement from Shapell
Industries, Inc. (Shapell) and public sewer improvements from Windemere BLC Land
Company (Windemere BLC) for the Alamo Creek Bridge and trunk sewers at the
Dougherty Valley Tunnel East Portal; and authorize the General Manager to execute an
"Indemnity and Hold Harmless Agreement" with Shapell for claims arising from
construction, operations, and maintenance of the bridge and trunk sewers (Job 5474 —
Parcel 1).
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: The easements are required for operation and
maintenance of the Alamo Creek Bridge and trunk sewers at the Dougherty Valley
Tunnel East Portal. These facilities will ultimately serve about 11,000 Residential Unit
Equivalents. A map showing the easements is attached (Attachment 1).
BACKGROUND: In August 1993, Central Contra Costa Sanitary District ( CCCSD),
Shapell, and Windemere Ranch Partners (predecessor to Windemere BLC) agreed that
wastewater utility service for the Dougherty Valley would be provided via a
CCCSD - built/developer - paid -for, off -site tunnel and trunk sewer system, and that on-
site wastewater conveyance facilities (creek crossings and sanitary sewers) would be
WPosition Papers \Miyamoto -Mills \5474 GOE Shapell.DOC
Page 1 of 3
POSITION PAPER
Board Meeting Date: October 21, 2004
Subject. ADOPT RESOLUTION ACCEPTING A GRANT OF EASEMENT
FROM SHAPELL INDUSTRIES, INC. AND PUBLIC SEWER IMPROVEMENTS
FROM WINDEMERE BLC LAND COMPANY FOR THE ALAMO CREEK BRIDGE
AND TRUNK SEWERS AT THE DOUGHERTY VALLEY TUNNEL EAST PORTAL;
AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN "INDEMNITY AND
HOLD HARMLESS AGREEMENT" REGARDING CONSTRUCTION, OPERATIONS
AND MAINTENANCE OF THE BRIDGE AND TRUNK SEWERS (DISTRICT
JOB 5474 — PARCEL 1)
constructed by the developers and contributed to CCCSD. Under that agreement, the
tunnel, major trunk sewers, and many miles of local "village and neighborhood" main
sewers have been completed and placed in service. The agreement also called for
Shapell to grant easements to CCCSD as necessary for the construction, operation,
and maintenance of the tunnel and trunk sewers required for service to the valley.
Design of the Alamo Creek Bridge at the Dougherty Valley Tunnel East Portal was
coordinated with the Dublin -San Ramon Services District — East Bay Municipal Utility
District Recycled Water Authority ( DERWA) to allow joint use for both the trunk sewer
and a major recycled water distribution main. CCCSD and DERWA entered into a
Common Use Agreement defining rights and responsibilities for the joint use of the
bridge on December 15, 2003. The Common Use Agreement provides that CCCSD
and DERWA share ownership of the bridge and access roads, and acknowledges that
each agency will have similar easement rights over the area of common use.
As part of our agreement with the developers regarding easements for the tunnel portal
bridge and trunk sewers, Shapell requested that CCCSD execute an "indemnity and
Hold Harmless Agreement" to clarify that CCCSD is responsible for its own actions or
omissions in constructing, operating, and maintaining the facilities. Counsel for the
District has opined that the agreement is simply a restatement of applicable law, and
that entering into the agreement would be appropriate.
RECOMMENDED BOARD ACTION: Adopt a resolution accepting a Grant of
Easement from Shapell Industries, Inc. and public sewer improvements from
Windemere BLC Land Company for the Alamo Creek Bridge and trunk sewers at the
Dougherty Valley Tunnel East Portal; and authorize the General Manager to execute an
"Indemnity and Hold Harmless Agreement" with Shapell for claims arising from
construction, operations, and maintenance of the bridge and trunk sewers (Job 5474 —
Parcel 1).
UAPosition Papers\Miyamoto -Mills \5474 GOE Shapell.DOC Page 2 of 3
Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 21, 2004 No.: 7,b. ENGINEERING
Type of Action: APPROVE CONSULTANT SERVICES AGREEMENT REVISION
Subject: APPROVE AN INCREASE IN THE COST CEILING OF THE CONSULTING
SERVICES AGREEMENT FOR RIGHT -OF -WAY CONSULTING SERVICES WITH
CROSSROADS R/W, INC. - AGREEMENT NO. 027192TC
Submitted By:
Ricardo Hernandez
Senior Engineering Assistant
Initiating Dept /Div.:
Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
R. Hernandez . Swanson A. Farre
Charles . B
General Mana er
ISSUE: Board approval is required for increases to the cost ceiling of Agreement
amounts beyond staff limits.
RECOMMENDATION: Approve the revision to the Agreement with Crossroads
R/W, Inc.
FINANCIAL IMPACTS: The amount of the recommended revision is $50,000, which
will increase the current Agreement to $100,000. Right -of -way acquisition costs are
typically included in the individual budgets of Capital Projects. Additionally, some
right -of -way services are included in the approved Operations and Maintenance (O &M)
budget.
ALTERNATIVES /CONSIDERATIONS: A Request for Proposal (RFP) process to
engage right -of -way consultants was held in January 2003. Out of this process staff
selected qualified consultants to provide services related to the appraisal and
acquisition of right of way.
Staff has historically used consultants to assist with right -of -way acquisition tasks
associated with Capital Projects due to the demands created by project schedules and
the specialized nature of acquiring right of way for public projects. See Attachment 1
for the list and status of current consulting services agreements related to right of way.
An increase in staff would minimize right -of -way consulting services but would not
entirely eliminate these agreements due to peaks in workload created by some of the
larger projects and the need for specialized outside appraisal services.
BACKGROUND: Crossroads R/W has been assisting Central Contra Costa Sanitary
District (CCCSD) with various Capital Projects and general real property tasks since
March 2003. Some of these projects include the District Easements Project, Lafayette
UAPosition Papers \Hernandez R \Crossroads R -W.DOC Page 1 of 3
POSITION PAPER
Board Meeting Date: October 21, 2004
subject: APPROVE AN INCREASE IN THE COST CEILING OF THE CONSULTING
SERVICES AGREEMENT FOR RIGHT -OF -WAY CONSULTING SERVICES WITH
CROSSROADS R/W, INC. - AGREEMENT NO. 027192TC
Renovation Project, Vessing Road Project, South Orinda Renovation Project, North
Orinda Renovation Project, Pleasant Hill Road East Project, and Walnut Creek
Renovation Project. Additionally, this consultant has assisted staff in researching
various title issues pertaining to easements and CCCSD property.
There will continue to be a need for right -of -way consulting services from Crossroads
R/W during 2005 to meet the demands of the next phases of the Walnut Creek,
Lafayette, and South Orinda Renovation Projects, along with the new North Orinda and
Vessing Road projects.
RECOMMENDED BOARD ACTION: Authorize the General Manager to approve an
amendment to existing Agreement (Agreement No. 027192TC) with Crossroads R/W,
Inc., to increase the cost ceiling from $50,000 to $100,000.
Page 2 of 3
UAPosition Papers \Hemandez R \Crossroads R -W.DOC
ATTACHMENT 1
Right -of -Way Consulting Services Agreements
Subject of this Position Paper
Crossroads R/W — Agreement No. 27192TC ($50,000; 85% expended; 2003 —
December 2004): This Agreement is for acquisition services related to various capital
projects, including District Easement Projects, Lafayette Renovation Project, Vessing
Road Project, South Orinda Renovation Project, North Orinda Renovation Project, and
Walnut Creek Renovation Project. Additionally, this agreement includes general real
property consulting tasks, such as researching various title issues pertaining to
easements and District property. Scheduled to be revised (schedule and cost ceiling) in
October 2004.
Other Right -of -Way Consulting Service Agreements
Associated Right -of -Way Services — Agreement No. 17178SC ($254,000; 80%
expended; 1999 — December 2005): The scope of this Agreement is for right -of -way
and land surveying tasks related to the existing and future A -Line Relief Interceptor right
of way through the former Southern Pacific Railroad right of way from Concord to
San Ramon. Due to the difficult nature of surveying a former railroad right of way and
to lengthy negotiations with the County over alignments and existing encroachments,
this contract will need to be revised in the future to increase the cost ceiling and
duration. This project was awarded through an RFP process in 1999. Scheduled to be
revised (schedule and cost ceiling) in 2005.
Associated Right -of -Way Services — Agreement No. 27105TC ($50,000; 70%
expended; 2003 — December 2004): This Agreement is for right -of -way acquisition
and appraisal services related to various capital projects other than the A -Line Relief
Interceptor (M4 -A Realignment Project, Pleasant Hill Relief Interceptor Phases 3 and 4,
Lafayette Renovation Project, District Easements Project). This contract also includes
work related to District property, such as that associated with the SFPP, Inc. petroleum
pipeline through the Basin property, the proposed Conco Cement development, and the
U. S. Development proposal. Scheduled to be revised (schedule and cost ceiling) in
the next several months.
Smyers Appraisal — Agreement No. 28825D ($25,000; 25% expended; March 2004
— December 2005): This Agreement is for right -of -way appraisal services only. This
appraisal firm, along with two others (Diaz, Diaz, and Boyd; and Yovino- Young), was
selected during the 2003 RFP process. New agreements (less than $25,000) for
appraisal services with these firms may be entered into during 2005.
U: \Position Papers \Hernandez R \Crossroads R -W.DOC
Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 21, 2004 No.: 7.c. ENGINEERING
Type of Action: AUTHORIZE AGREEMENT
subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT
WITH RAINES, MELTON & CARELLA, INC. (RMC) FOR THE CONCORD
INDUSTRIAL AND CLYDE PUMPING STATIONS TRANSMISSION LINES
CORROSION STUDY, DISTRICT PROJECT 5922
Submitted By: Initiating Dept. /Div.:
Gail Chesler, Associate Engineer Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
G. Chester .Schmidt C. Swanson A. Farrell a e . Ba r
General Mana
ISSUE: The Board of Directors' authorization is required for the General Manager to
execute professional engineering services contracts for amounts greater than $50,000.
RECOMMENDATION: Authorize the General Manager to execute an agreement for an
amount not to exceed $62,000 with RMC for the Concord Industrial and Clyde Pumping
Stations (PS) Transmission Line Corrosion Study (DP 5922).
FINANCIAL IMPACTS: The intent of this project is to evaluate the potential for and
ways to control corrosion in the gravity segments downstream of the Concord Industrial
and Clyde PS. Recommendations will likely provide savings to Central Contra Costa
Sanitary District (CCCSD) by allowing staff to appropriately protect those lines. The
project will cost approximately $80,000, including both the consultant work and staff
time.
ALTERNATIVES /CONSIDERATIONS: An alternative would be to defer or cancel the
study. Deferring or canceling preparation of the corrosion study would limit the District's
ability to develop appropriate projects to mitigate the corrosion problems believed to be
caused by the presence of hydrogen sulfide in the Concord Industrial and Clyde
Transmission Lines.
BACKGROUND: As a result of the Collection System Corrosion Evaluation Phase 2
Project, DP 4988, some concrete structures and large- diameter, reinforced concrete
pipe (RCP) gravity lines in the collection system with significant hydrogen sulfide
corrosion have been identified. On the Concord Industrial and Clyde Pumping Station
Transmission Lines (see attached map) there are 47 manholes and approximately
7,000 feet of large- diameter, reinforced concrete pipe. Only one segment of this
large- diameter pipe was televised in DP 4988; it was found to be in "good" condition. A
condition assessment is warranted in the remaining system. The slope on nine of the
large- diameter RCP pipe segments is substandard, and the historical need for sulfide
UAPosition Papers \Chesler\CI PS. DOC Page 1 of 3
POSITION PAPER
Board Meeting Date: October 21, 2004
subject AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT
WITH RAINES, MELTON & CARELLA, INC. (RMC) FOR THE CONCORD
INDUSTRIAL AND CLYDE PUMPING STATIONS TRANSMISSION LINES
CORROSION STUDY, DISTRICT PROJECT 5922
control is evidenced by the use of chemical additions at Concord Industrial and Clyde
PS. Selection of appropriate chemicals is a key objective of the study.
The purpose of this new project is to: 1) complete a condition assessment of the
gravity lines and concrete structures in the systems; 2) identify and evaluate PS
modifications that will result in reduced hydrogen sulfide generation in these systems;
3) recommend pipe repair projects, if any; and 4) develop a prevention program to
minimize future hydrogen sulfide generation. Information gathered in the study will be
used to specify best practice chemical treatment for Concord Industrial PS and Clyde
PS. The information will also be used in planning the PS modifications in the upcoming
2006 -2008 Concord Industrial PS replacements.
A formal selection process was used to solicit and evaluate proposals from qualified
engineering firms for the 2002 -2003 Martinez Transmission Line Corrosion Line Study.
The Request for Proposals (RFPs) was sent to eleven firms. The RFP explained that
the highest ranked firms would also serve as the candidates for subsequent pump
station corrosion studies, e.g., Concord and Clyde. Four proposals were received and
three firms participated in the presentation interviews in September 2002. Brown and
Caldwell was selected for the Martinez Transmission Line Corrosion Line Study; the
other well - qualified candidate firms were RMC and Winzler and Kelly. RMC was
selected to conduct the Concord Industrial PS and Clyde PS Corrosion Study. This
project is included in the 2004 -2005 Capital Improvement Budget (CIB).
Staff has concluded that the proposed agreement with RMC is exempt from the
California Environmental Quality Act (CEQA) under District CEQA Guidelines
Section 156262 since it involves planning activities for possible future actions, which the
District has not approved, adopted, or funded. The District will conduct an
environmental evaluation of any capital project that is proposed in the future as a result
of these studies to determine the appropriate CEQA compliance documentation.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute an
agreement for an amount not to exceed $62,000 with RMC for the Concord Industrial
and Clyde Pumping Stations Transmission Line Corrosion Study.
Page 2 of 3
U: \Position Papers \Chesler\CI PS. DOC
i
24
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CONCORD INDUSTRIAL & CLYDE PUMP EXHIBIT
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Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 21, 2004 No.: 7,d. ENGINEERING
Type of Action: ADOPT RESOLUTION
suBJECr. ADOPT A RESOLUTION APPROVING A DENTAL INVENTORY
PROGRAM
Submitted By:
Curtis W. Swanson, Environmental
Services Division Manager
Initiating Dept. /Div.:
Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
�)4/_ 1� 1114
C. Swanson A. ar K. Alm
harles w. Ba
General Manager
ISSUE: The Board is being requested to adopt a resolution approving a Dental
Inventory Program.
RECOMMENDATION: Adopt a resolution approving a Dental Inventory Program.
FINANCIAL IMPACTS: Under the proposed program, dental offices and operations will
not have to pay a fee associated with the inventory, unless the dental office does not
comply with the program requirements. Thus, staff costs will not be recovered under
the proposed approach.
ALTERNATIVES /CONSIDERATIONS: Instead of the proposed Dental Inventory
Program, which relies on voluntary implementation of best management practices
(BMPs), the Board could approve a program requiring mandatory implementation of
BMPs to control mercury discharges. Also, the Board could elect to impose a user or
permit fee for the Dental Inventory Program. The Board could also decide not to
pursue a Dental Inventory Program, although provisions of the current NPDES permit
and the recently approved mercury Total Mass Daily Limit (TMDL) for San Francisco
Bay require the District to make efforts to control influent mercury sources.
BACKGROUND: Control of mercury discharges to receiving waters is a high priority of
state and federal regulatory agencies. The Central Contra Costa Sanitary District
(District) has been successful in complying with the current mercury effluent limit in its
permit to discharge to Suisun Bay. However, the local and national regulatory trend is
driving mercury effluent limits substantially lower for point discharges such as the
District. If this trend continues, the District will not be able to reliably comply with a
reduced mercury effluent limit without significantly changing its pollution prevention
programs used to control sources of mercury being discharged into the District's
collection system.
Page 1 of 6
U: \Position Papers \Swanson \Dental Inventory Program.doc
POSITION PAPER
Board Meeting Date: October 21, 2004
subject ADOPT A RESOLUTION APPROVING A DENTAL INVENTORY PROGRAM
The District estimates that more than 50% of the mercury present in the influent to the
treatment plant originates from the cumulative discharges from dental offices. The
District staff has contacted other sanitary sewer agencies to discuss their experiences
controlling mercury discharges from dental offices. The result of this research is the
identification of BMPs that, if implemented by dental practices in the District's service
area, will result in significant reductions of mercury discharged to the sanitary sewer
collection system. The District is proposing a program, called the Dental Inventory
Program, which relies on the implementation of BMPs to control dental mercury
discharges rather than the traditional sampling and enforcement program.
Under the proposed program, dental offices will be required to complete inventory
reports. The inventory will describe the size and nature of the dental operation, types of
wastes generated, and the practices used to manage these wastes. Dental offices that
do not use mercury amalgam, or generate mercury wastes, will be exempt from
submitting the inventory.
As part of the inventory, staff will provide each dental office with information about the
BMPs to manage wastes containing mercury. The dental offices will be required to
report which BMPs are being used. Use of these BMPs will be voluntary and at the
discretion of each dental office.
Staff proposes that dental offices and operations not be charged a fee for the Dental
Inventory Program provided that they comply with the program requirements.
If a dental office does not complete and return the mandatory inventory report forms,
staff will make reasonable attempts to obtain submittal of inventory forms. If these
attempts are unsuccessful, staff will proceed with issuing these dental offices a Class III
Industrial User Permit. Class III Industrial User Permits are subject to annual fees,
which are currently $351. The potential for permitting should serve as an incentive to
complete the mandatory inventory report form.
A resolution (attached) approving the proposed Dental Inventory Program has been
prepared for Board consideration.
RECOMMENDED BOARD ACTION: Adopt a resolution approving a Dental Inventory
Program.
Page 2 of 6
UAPosition Papers \Swanson0ental Inventory Program.doc
CENTRAL CONTRA COSTA SANITARY DISTRICT
RESOLUTION NO. 2004-
RESOLUTION IMPLEMENTING DENTAL INVENTORY PROGRAM
PHASE ONE ELEMENT
WHEREAS, the control of mercury discharges to the San Francisco Bay is a matter of
great regional concern; and
WHEREAS, public health warnings have been issued concerning the repetitive human
consumption of certain San Francisco Bay fish due to the bioaccumulation of mercury in
the fish tissue; and
WHEREAS, the District has been successful in complying with the current effluent
limitations in its NPDES permit, however the discharge limits for mercury are anticipated
to become more stringent over time as reflected by the recently adopted Total Maximum
Daily Load ( "TMDL ") for mercury by the San Francisco Regional Water Quality Control
Board; and
WHEREAS, District has determined that fifty percent (50 %) of the mercury in its influent
comes from dental offices using amalgam in their practices; and
WHEREAS, the District's current treatment processes cannot remove all of the mercury
in its influent and no cost effective or practical treatment options are available to
address the mercury load in the influent; and
WHEREAS, the District's NPDES permit requires that it establish a pollution prevention
or source control programs to reduce the amount of mercury in the District's influent;
and
WHEREAS, a number of the Publicly Owned Treatment Works ( "POTWs ") within the
San Francisco Bay Region and nationally have implemented programs to encourage or
require use of Best Management Practices ( "BMPs ") for all of dental offices using
amalgam, which programs have shown success in reducing mercury in the influent to
those POTWs.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra
Costa Sanitary District, that:
1. The District must establish a pollution prevention or source control
program to minimize the amount of mercury in its influent derived from
dental offices within its service area.
Page 3 of 6
2. The Dental Inventory Program, Phase One Element, as set forth in
the Dental Inventory Program description, attached as Exhibit A, is hereby
adopted and staff implementation is authorized.
3. Dental practices using amalgam shall be treated as Class III
Industrial Users under Title 10 of the District Code, however Class III
permits shall not initially be required for dental practices that do not use
amalgam or comply with the Voluntary Inventory Procedures described
under the Phase One Element of the Dental Inventory Program.
4. Dental offices failing to comply with the Voluntary Inventory
Procedures under the Phase One Element shall be required to obtain a
Class III Industrial User Permit and further be subject to applicable permit
fees and enforcement as authorized under Title 10 of the District Code
and applicable District fee ordinances.
5. The Phase Two Element of the Dental Inventory Program shall not
be implemented at this time. If staff concludes after implementation of the
Phase One Element of the Dental Inventory Program that the Phase Two
Element is necessary to meet regulatory requirements, District staff may
at that time present to the Board such regulations, data and program
information for Board consideration of implementing a Phase Two
program.
PASSED AND ADOPTED this 21St day of October, 2004, by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
COUNTERSIGNED:
Secretary of the Central Contra
Costa Sanitary District, County of
Contra Costa, State of California
Approved as to Form:
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Kenton L. Alm
District Counsel
2 Page 4 of 6
EXHIBIT A
CENTRAL CONTRA COSTA SANITARY DISTRICT
DENTAL INVENTORY PROGRAM
October 2004
ISSUE
Control of mercury sources to the District's collection system is a high priority to Central
Contra Costa Sanitary District (District). The District has been successful in complying with
the current mercury effluent limit in its permit to discharge to Suisun Bay. However, the local
and national regulatory trend is driving mercury effluent limits substantially down for
dischargers such as the District. The District will not be able to reliably comply with a
reduced mercury effluent limit without significantly changing the programs used to control
sources of mercury being discharged into the District's collection system.
BACKGROUND
Based on research findings, the District estimates that more than 50% of the mercury present
in the influent to the treatment plant originates from the cumulative discharges from dental
offices. The District staff has contacted other sanitary sewer agencies to discuss their
experiences controlling mercury discharges from dental offices. The results of this research
is the identification of Best Management Practices (BMPs) that if implemented by dental
practices in the District's service area will result in significant reductions of mercury
discharged to the sanitary sewer collection system. The District is designing a program that
relies on the implementation of BMPs to control dental mercury discharges rather than the
traditional sampling and enforcement program.
PROGRAM DESCRIPTION
The District is designing a dental mercury control program that is based on dental offices
implementing effective BMPs. The identification and location of dental practices in the
District's service area has been established using several resources (e.g. state of California
Dental Licensing list, Contra Costa Dental Association membership). The program will be
implemented with an initial phase relying on developing a District wide inventory and
encouraging voluntary BMP implementation by dental offices. A second phase would use the
IU Permit program to establish mandatory BMPs that all non - exempt dental offices in the
District's service area would need to implement. The second phase of this program would be
initiated if the regulatory requirements imposed on the District's operation made this phase
necessary, or if the overall effectiveness of the first phase is determined to be limited.
Phase One Elements
• Determination of dental practices subject to Dental Inventory Program (e.g. validate
exempt operations such as orthodontics).
• District will evaluate options to charge fees to implement this program (e.g. no fee,
administrative fee to cover costs). If separate fees are determined to be appropriate,
the District will initiate the appropriate procedure to establish such fees;
UAPosition Papers \Swanson\Dental Inven Pro - Exhibit A.DOC Page 5 of 6
• District will mail out inventory report packets to be completed by the dental offices:
o Completion and submittal of these inventory report packets to the District will be
mandatory;
o Evaluation and selection of appropriate BMPs to be implemented by a dental
office shall be voluntary;
• District will host at least 2 workshops after sending out the dental inventory report
packets to the affected dental offices and prior to the deadline for submittal of the
dental inventory report forms (attendance will be voluntary);
• District will be available to provide consultation to dental offices, either phone or on-
site, to assist with the evaluation of BMPs;
• District will monitor submittal of the inventory report forms and enter the information
into a database to record the information reported;
• District will conduct follow -up with the dental offices that do not submit the dental
inventory report forms:
o Possible threshold would be minimum of one phone call and one follow -up letter
to initiate reclassification that would result in issuance of a Class III IU Permit
and on -site inspection;
• District will initiate the application and issuance of Class III IU Permits to the dental
offices that do not respond to the initial requests to submit the dental inventory report
forms. The permit will impose assessment of the Class III IU Permit fee and may
result in enforcement for failure to submit the required dental inventory report;
• Periodic submittal of dental inventory reports (no more frequently than annually) will be
required to monitor trends with the implementation of dental mercury BMPs.
• Inventory report data will be compared to influent mercury levels over time to evaluate
effectiveness of the voluntary BMP program.
Phase Two Elements
• District will identify which BMPs will become mandatory (e.g. installation and
maintenance of amalgam separators);
• District will initiate application and issuance of Class III IU Permits to the dental offices
subject to the mandatory implementation of BMPs;
• District will monitor compliance with the permit conditions;
o Field inspections to ensure BMPs are being employed;
o Receiving and recording information submitted on dental inventory forms;
• The District will consider dental offices that implement the required BMPs to be
operating in compliance with the Source Control Ordinance without having to sample
and analyze to demonstrate compliance;
• Enforcement Response Plan will be applicable to dental offices that do not employ the
required BMPs (e.g. installation and maintenance of amalgam separators) or submit
the required reports.
Page 6 of 6
UAPosition Papers \Swanson\Dental Inven Pro - Exhibit A.DOC
Dental Inventory Program Update
OCTOBER 21, 2004
Status of Dental Inventory Program
Informational letter sent to 700
dentists and dental offices
114 requests for exemption from
program have been received
Currently evaluating exemptions and
preparing inventory packet
Dental Inventory Fees
_ ........ .. _
1. No charge if inventory forms are returned.
2. If inventory forms are not sul)mitted:
CCCSD will make efforts to obtain inventory
After reasonable attempts, CCCSD staff will
proceed to issue Class III Industrial User
Permits. Annual charge is currently $351.
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 21, 2004 No.: 9.a. BUDGET AND FINANCE
Type of Action: RECEIVE AUDITED FINANCIAL STATEMENTS
subject: RECEIVE THE AUDITED FINANCIAL STATEMENTS FOR THE FISCAL
YEAR ENDED JUNE 30, 2004
Submitted By'
Debbie Ratcliff, Controller
Initiating Dept /Div.:
Administrative /Financing
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
D. Rat
--
R //Muspefaves
General
ISSUE: The audited financial statements of the Central Contra Costa Sanitary District
for the Fiscal Year ended June 30, 2004 are being submitted to the Board of Directors.
RECOMMENDATION: Receive the audited financial statements for the Fiscal Year
ended June 30, 2004.
FINANCIAL IMPACTS: None
ALTERNATIVES /CONSIDERATIONS: None
BACKGROUND: The firm of Vavrinek, Trine, Day & Co., Certified Public Accountants,
has completed its examination of the District's financial statements for the Fiscal Year
ended June 30, 2004, and has submitted the audited financial statements and auditor's
opinion thereon.
In the routine performance of their examination of the financial statements, the auditors
evaluate the District's internal accounting controls to determine the nature and extent of
the auditing procedures required. Based on their observations during the course of the
examination, the auditors routinely advise District management of any recommenda-
tions to improve the system of internal accounting controls. There were no
recommendations for improvements this year.
The audited financial statements were reviewed in detail at a Budget and Finance
Committee meeting on October 18, 2004, and will be reviewed with the full Board at the
Board meeting on October 21, 2004.
A copy of the audited financial statements has been received by the Board under
separate cover.
SAADMIMPOSPAPERWudited Financial Statements 10- 21- 04.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: October 21, 2004
subject- RECEIVE THE AUDITED FINANCIAL STATEMENTS FOR THE FISCAL
YEAR ENDED JUNE 30, 2004
In accordance with Government Code Section 53891, information from the audit will be
used to prepare a report to the State Controller's office. The report will be sent by the
annual deadline of October 30, 2004.
RECOMMENDED BOARD ACTION: Receive the audited financial statements for the
Fiscal Year ended June 30, 2004.
SAADMINTOSPAPEMAudited Financial Statements 10- 21- 04.doc Page 2 of 2