HomeMy WebLinkAbout5/19/2005 AGENDA BACKUPCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: MAY 19, 2005 No.: 4.a. CONSENT CALENDAR
Type of Action: ADOPT RESOLUTIONS
subject: ADOPT RESOLUTIONS ACCEPTING PUBLIC SEWER IMPROVEMENTS
AND OFFERS OF DEDICATION FOR JOB 5515 — PARCELS 1, 2, 3, 4, 5, AND JOB
5715 — PARCEL 2 IN THE ALAMO AREA.
Submitted By: Initiating Dept. /Div.:
John Mercurio, Management Analyst Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
(n AAM
J. Mercurio M. rgh y . Swanson
A. Farrell Charles
General
ISSUE: A resolution of the Board of Directors is required to accept public sewer
improvements, offers of dedication, and authorizing staff to record documents.
RECOMMENDATION: Adopt resolutions accepting public sewer improvements,
offers of dedication, and authorizing staff to record the documents with the Contra
Costa County Recorder.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: The Board of Directors regularly accepts easements and public
sewer improvements by resolution. The recommended resolutions will accept
easements required for a recent public sewer extension off Danville Boulevard in the
Alamo area (as shown on Attachment 1). Staff has reviewed the easement
documents, inspected the public sewer improvements and determined that they are in
compliance with District standards.
RECOMMENDED BOARD ACTION: Adopt resolutions: 1) accepting an offer of
dedication and public sewer improvements from Carole G. Martin, Trustee of the
Carole G. Martin Trust (Job 515 — Parcel 1); 2) accepting an offer of dedication and
public sewer improvements from Robert Nelson Hinkson, Trustee of the 1999 Robert
Harold Hinkson and Dolores Elaine Hinkson Revocable Trust (Job 5515 — Parcel 2);
3) accepting an offer of dedication and public sewer improvements from Melvin L. and
Sandra R. Welke as trustees of the Welke Trust (Job 5515 — Parcel 3); 4) accepting an
offer of dedication and public sewer improvements from Christopher B. Campbell and
Dea J. Campbell (Job 5515 — Parcel 4); 5) accepting an offer of dedication and public
sewer improvements from Gerald R. Welch (Job 5515 — Parcel 5); 6) accepting an
offer of dedication and public sewer improvements from Carol A. Doell (Job 5715 —
S: \Position Papers \Mercurio \5715 - 5515 Position Paper.DOC Page 1 of 3
POSITION PAPER
Board Meeting Date: MAY 19, 2005
subject. ADOPT RESOLUTIONS ACCEPTING PUBLIC SEWER IMPROVEMENTS
AND OFFERS OF DEDICATION FOR JOB 5515 — PARCELS 1, 2, 3, 4, 5, AND JOB
5715 — PARCEL 2 IN THE ALAMO AREA.
Parcel 2); and 7) authorizing recording of the resolutions with the Contra Costa County
Recorder.
Page 2 of 3
SAPosition Papers \Mercurio \5715 - 5515 Position Paper.DOC
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Attachment
1
Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 19, 2005 No.: 4.b. CONSENT CALENDAR
Type of Action: HUMAN RESOURCES
Subject: AUTHORIZE EXTENSION OF MEDICAL LEAVE OF ABSENCE
WITHOUT PAY FOR MARK LAFFERTY, MAINTENANCE
TECHNICIAN III, MECHANICAL, THROUGH JUNE 16, 2005
Submitted By: James M. Kelly Initiating Dept. /Div.: Operations/
Director of Operations Plant Operations
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
ISSUE: Board of Directors' authorization is required for a medical leave of absence
without pay in excess of 30 days.
RECOMMENDATION: Authorize extension of medical leave of absence without pay for
Mark Lafferty, Maintenance Technician III, Mechanical.
FINANCIAL IMPACTS: Minimal
ALTERNATIVES /CONSIDERATIONS: Deny extension of medical leave of absence
without pay.
BACKGROUND: Mark Lafferty, Maintenance Technician III, Mechanical, has been off
of work since March 9, 2005, due to a medical condition. Since Mr. Lafferty has not
been employed by the District for at least 12 months, he is ineligible for Family Medical
Leave. At the Board meeting of April 21, the Board approved Mr. Lafferty to be on
medical leave of absence without pay until May 5, 2005. We request extending
Mr. Lafferty's medical leave of absence without pay until June 16, 2005. Mr. Lafferty's
status will be reviewed at that time, and further Board action will be requested if
appropriate.
RECOMMENDED BOARD ACTION: Authorize extension of medical leave of absence
without pay for Mark Lafferty, Maintenance Technician III, Mechanical, through June 16,
2005.
SACorrespondence \Position Pape rs\20051Lafferty -Ext of Leave of Absence.doc Page 1 of 1
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 19, 2005 No.: 4.c. CONSENT CALENDAR
Type of Action: ESTABLISH PUBLIC HEARING DATE
subject: ESTABLISH JUNE 2, 2005 AS THE DATE FOR A PUBLIC HEARING TO
DECLARE DISTRICT LAND SURPLUS AND AUTHORIZE STAFF TO EXECUTE
LEASE AGREEMENTS
submitted By: Randall M. Musgraves Initiating Dept /Div.:
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
MtOgbraves
K. Alm
General
ISSUE: The Board must conduct a public hearing to declare District land surplus`and
authorize staff to execute lease agreements.
RECOMMENDATION: Establish June 2, 2005 as the date for a public hearing to
receive comments on declaring certain properties, 4737 Imhoff Place including the
current Animal Services Shelter, the Lagiss Property, the Kiewit Property and the
Willows Easement, as surplus, and authorize the General Manager or his designee to
execute lease agreements.
FINANCIAL IMPACTS: The District will receive additional rental income. Various
leases would provide income to the District based on actual areas leased and terms of
agreement.
ALTERNATIVES /CONSIDERATIONS: The alternative to this action is to abandon
lease rental income and therefore, the Board of Directors may decline to establish the
recommended hearing date. The Board may select a different date for the public
hearing.
BACKGROUND: The District has purchased property in the past for the use and
benefit of the District to conduct its business in the interest of the public. The District
does not need physical use of all of the land at this time. It is therefore beneficial to the
public and the District to pursue lease rental income to provide additional revenue at
this time. Staff is requesting the Board to establish a public hearing for consideration
of parcels as lease properties.
Page 1 of 3
POSITION PAPER
Board Meeting Date: May 19, 2005
subject: ESTABLISH JUNE 2, 2005 AS THE DATE FOR A PUBLIC HEARING TO
DECLARE DISTRICT LAND SURPLUS AND AUTHORIZE STAFF TO EXECUTE
LEASE AGREEMENTS
4737 IMHOFF PLACE AND ANIMAL SERVICES SHELTER
The District issues various short-term leases, not exceeding ten years, on space
(bays) located on the property at 4737 Imhoff Place, Martinez. The 4737 Imhoff
Place building is a warehouse structure consisting of eleven bays, and the
Animal Services Shelter property is approximately 1.85 acres. These properties
are located directly across from the District Headquarters Office Building located
at 5019 Imhoff Place in Martinez. The terms of the leases and the turnover of
tenants in these bays requires the constant attention of staff and the District
Property Manager. The Board is required to conduct a public hearing, declare
the property surplus, and authorize staff to execute lease agreements. All
leases are compatible with District use and County requirements. At the June 2,
2005 Board meeting, the Board will be requested to pass a resolution
authorizing staff to execute lease agreements for 4737 Imhoff Place and the
current Animal Services Shelter, as space becomes available.
2. LAGISS PROPERTY
Allow the District to lease the Lagiss property, for a period not exceeding ten
years. This property (approximately 48 acres) is located northeast of Blum Road,
at the end of the road, in Martinez. The Board is required to conduct a public
hearing, declare the property surplus, and authorize staff to execute lease
agreements. All leases are compatible with District use and County
requirements. The Board will be requested to pass a resolution authorizing staff
to execute lease agreements at the June 2, 2005 Board meeting.
3. KIEWIT PROPERTY
Allow the District to lease the Kiewit property, for a period not exceeding ten
years. This property (approximately 33 acres) is located northeast of the
District's Treatment Plant at 5019 Imhoff Place in Martinez. The Board is
required to conduct a public hearing, declare the property surplus, and authorize
staff to execute lease agreements. All leases would be compatible with District
use and County requirements. The Board will be requested to pass a resolution
authorizing staff to execute lease agreements at the June 2, 2005 Board
meeting. The District is also considering the feasibility of filling and grading the
Kiewit property to obtain increased revenue. If this proves feasible, the Board
will be asked to approve a project to fill the Kiewit property at a future Board
meeting.
Page 2 of 3
POSITION PAPER
Board Meeting Date: May 19, 2005
subject: ESTABLISH JUNE 2, 2005 AS THE DATE FOR A PUBLIC HEARING TO
DECLARE DISTRICT LAND SURPLUS AND AUTHORIZE STAFF TO EXECUTE
LEASE AGREEMENTS
4. WILLOWS CENTER CONCORD, LLC.
The District easement subject to the lease is a strip of land the District owns in
fee and which serves as a right -of -way corridor for the existing 72 -inch diameter
A -Line Interceptor. The easement is between the Willows Shopping Center in
Concord and Interstate 680. The lease use is compatible with District use and
County requirements. The Board will be requested to pass a resolution
authorizing staff to execute a lease agreement at the June 2, 2005 Board
meeting.
RECOMMENDED BOARD ACTION: Establish June 2, 2005 as the date for a public
hearing to receive comments on declaring certain properties, 4737 Imhoff Place
including the current Animal Services Shelter, the Lagiss Property, the Kiewit Property
and the Willows Easement, as surplus, and authorize the General Manager or his
designee to execute lease agreements.
Page 3 of 3
PUBLIC HEARING TO RECEIVE COMMENTS
ON A PROPOSED ORDINANCE TO AMEND
DISTRICT CODE SECTION 6.20.300
SCHEDULE OF REIMBURSEMENT FEES
Suggested Agenda
May 19, 2005
I. Request staff presentation.
II. Public Hearing:
A. Receive public comments.
B. Request staff response, as appropriate.
C. Close Public Hearing.
III. Board deliberation regarding proposed ordinance to amend District Code Section
6.20.300 Schedule of Reimbursement Fees, and adoption of revised District Code
Section 6.20.300 Schedule of Reimbursement Fees.
U: \PERMITS \REIMBURSEMENTS \5497 - CAMINO DEL CIELO, ORINDA \HEARING. AGENDA.DOC
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 19, 2005 No.: 5.a. HEARINGS
Type of Action: CONDUCT HEARING; ADOPT ORDINANCE
subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON A
PROPOSED ORDINANCE TO AMEND DISTRICT CODE SECTION 6.20.300
SCHEDULE OF REIMBURSEMENT FEES, TO ESTABLISH REIMBURSEMENT
FEES TO APPLICABLE TO PROPERTIES WHICH COULD CONNECT TO
DISTRICT PROJECT 5497, 5667, OR 5698
Submitted By: Initiating Dept /Div.:
Michael J. Penny, Associate Engineer Engineering /Environmental Services
REVIEWED AND RECOMMENDED /FOR BOARD ACTION:
y Pk— J
J. Miyamoto -Mills Swanson A. Farr arles W. B
General Man ger
ISSUE: When a reimbursement fee is proposed for a property that could directly J
connect to a "standard facility," the District Code requires that a public hearing be held
prior to the Board of Directors' consideration of the fee for adoption.
RECOMMENDATION: Conduct a public hearing to receive comments on the proposed
Ordinance to amend District Code Section 6.20.300, Schedule of Reimbursement Fees,
to establish reimbursement fees applicable to property that could directly connect to
District Project 5497, 5667, or 5698 sewers. Adopt the Ordinance
FINANCIAL IMPACTS: An administrative charge to recover District costs is paid by the
installer for setup of the reimbursement account and for each fee collection transaction.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: Projects 5497, 5667, and 5698 are "standard facilities," as defined in
the District Code. Certain individual property owners within the boundary of the project
area are the installers of these facilities. To fairly and equitably distribute the cost for
these facilities, the District Code provides for the installers to be reimbursed for the
proportion of cost allocable to other properties which connect to the sewers within 20
years of project acceptance by the District. Staff has drafted a proposed Ordinance
(Attachment 1) to establish reimbursement fees for properties that connect to these
projects' sewers. Exhibit A -1, A -2, and A -3 of Attachment 1 show the locations of the
projects and the boundaries of properties that could directly connect to the projects'
sewers. The proposed reimbursement fees will be collected from property owners
within the boundary of these areas, if and when they connect their property to the sewer
system. The collected fee will be held in a separate account, and disbursed to the
installers of the project.
Page 1 of 11
S: \Position Papers \Penny \5497 - 5667 -5698 for 5- 19- 20005.DOC
POSITION PAPER
Board Meeting Date: May 19, 2005
subject CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON A
PROPOSED ORDINANCE TO AMEND DISTRICT CODE SECTION 6.20.300
SCHEDULE OF REIMBURSEMENT FEES, TO ESTABLISH REIMBURSEMENT
FEES TO APPLICABLE TO PROPERTIES WHICH COULD CONNECT TO
DISTRICT PROJECT 5497, 5667, OR 5698
Calculations of the proposed reimbursement fees are summarized in Exhibits B -1, B -2,
and B -3 of Attachment 1. The fees would be charged in addition to Capacity Fees and
other District charges, such as those for permits, inspection and sewer service.
The District Code requires that reimbursement fees be adjusted at least annually to
account for the increase or decrease in value of the facilities due to inflation and
depreciation. These fees may also be adjusted to account for differences between
estimated and actual costs, and increases or decreases in the number of connections
that may connect to the facilities. However, once a particular property has connected to
the public sewer, and the fees have been paid, the District will not collect any additional
reimbursement fees for that connection, nor refund any excess reimbursement fees
which might otherwise be occasioned by these adjustments. Appropriate notices have
been posted, and published in the Contra Costa Times. In addition, individual letter
notices were mailed to the owners of all affected properties, as required by District
Code.
RECOMMENDED BOARD ACTION: Conduct a public hearing to receive comments on
the proposed ordinance to amend District Code Section 6.20.300 Schedule of
Reimbursement Fees, to establish reimbursement fees for applicable properties that
could directly connect to Project 5497, 5667, or 5698 sewers. Adopt the ordinance.
Page 2 of 11
SAPosition Papers \Penny \5497 - 5667 -5698 for 5- 19- 20005.DOC
EXHIBIT 1
ORDINANCE NO.
AN ORDINANCE TO AMEND
DISTRICT CODE SECTION 6.20.300 SCHEDULE OF
REIMBURSEMENT FEES TO ESTABLISH REIMBURSEMENT FEES
APPLICABLE TO PROPERTIES THAT DIRECTLY CONNECT TO PROJECT 5497 (EL
TOYONAL / CAMINO DEL CIELO, ORINDA), PROJECT 5667 (DEL AMIGO ROAD,
DANVILLE, OR PROJECT 5698 (EL PINTADO, DANVILLE) STANDARD SEWER
FACILITIES
WHEREAS, the Central Contra Costa Sanitary District (District) Code Chapter 6.20
provides for reimbursement to installers of standard and special facilities from fees
charged property owners when they apply to connect their property to the public sewer
system; and
WHEREAS, District Code Chapter 6.20 provides for the establishment of
reimbursement accounts for constructed standard and special facilities; and
WHEREAS, Project 5497, 5667 and 5698 sewers, the locations of which are shown on
Exhibits A -1, A -2 and A -3 of this ordinance, incorporated in full herein by this reference,
are standard facilities as defined in District Code Chapter 6.20; and
WHEREAS, reimbursement fees have been calculated by the method specified in
District Code Chapter 6.20, which calculations are summarized in Exhibits B -1, B -2 and
B -3 of this Ordinance, incorporated in full herein by this reference; and
WHEREAS, a properly noticed public hearing to receive comments on the proposed
reimbursement fees was conducted at the District Board of Directors' regularly
scheduled meeting on May 19, 2005.
NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary
District does ordain as follows:
Reimbursement fees applicable to properties that directly connect to Project
5497, 5667 or 5698 standard sewer facilities, designated on Exhibits A -1, A -2
and A -3 are hereby established. Said reimbursement fees, which shall be
consecutively added to District Code Section 6.20.300 Schedule of
UAPermits \REIMBURSEMENTS \5497 - Camino del Cielo, Orinda\Proposed Ordinance.doc
Page 3 of 11
Reimbursement Fees, have been calculated in the manner set forth in District
Code Chapter 6.20 and shown in Exhibit B -1, B -2 and B -3 of this ordinance. The
reimbursement fees for properties that directly connect to the projects as cited
above shall be as follows:
District
Description of Facility
Allowable
Number
Reimbursement
Project
Actual or
of
Fee per Unit
Number
Estimated
RUEs
Cost
5497
El Toyonal /Camino Del Cielo,
$124,411.76
6
$20,735.29
Orinda
5667
Del Amigo Road Danville
$64,410.66
2
$32,205.33
5698
El Pintado Danville
110 989.70
4
$27,747.43
Section 2
The reimbursement fees set forth herein shall be administered, adjusted, and
collected according to the provisions of District Code Chapter 6.20.
Section 3
Exhibits A -1, A -2, A -3, B -1, B2 and B -3 hereto shall not be incorporated into the
District Code; however, copies of same shall be maintained in the District offices
and made available for inspection during the periods when the subject
reimbursement fees is in effect.
Section 4
This ordinance shall be a general regulation of the District and shall be published
once in the Contra Costa Times, a newspaper of general circulation within the
District, and shall be effective on the eighth calendar day following such
publication.
U: \Permits \REIMBURSEMENTS \5497 - Camino del Cielo, Orinda \Proposed Ordinance.doc
Page 4 of 11
PASSED AND ADOPTED by the Board of Directors of the Central Contra
Sanitary District on the 19th day of May 2005, 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 District,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
APPROVED AS TO FORM:
Kenton L. Alm, Counsel for the District
UAPermits \REIMBURSEMENTS \5497 - Camino del Cielo, Orinda \Proposed Ordinance.doc Page 5 of 11
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Page 8 of 11
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Page 8 of 11
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A -3
EXHIBIT B -1
Reimbursement Fee Calculation
Project 5497, El Toyonal /Camino Del Cielo
"Standard Facility" Reimbursement Cost
Construction
Engineering
District Fees
Iota I
6 Residential Unit Equivalents (RUE's)
$124,411.76 / 6 RUE's = $20,735.29/RUE
$106,790.40
$11,819.50
$5,801.86
$124,411.76
Street Address
Assessors Parcel
Number
Number
of RUE's
Installer
Waive
Fee
Potential
Fee
229 El Toyonal
265- 060 -002
1
No
No
Yes
236 El Toyonal
264 - 240 -004
1
No
No
Yes
243 El Toyonal
265- 080 -015
1
No
No
Yes
El Toyonal
265- 080 -016
1
No
No
Yes
1 Camino Del Cielo
265- 060 -001
1
Yes
No
No
3 Camino Del Cielo
265- 060 -003
1
No
No
Yes
UAPermits \REIMBURSEMENTS \5497 - Camino del Cielo, Orinda \Proposed Ordinance.doc Page 9 of 11
EXHIBIT B -2
Reimbursement Fee Calculation
Project 5667, Del Amigo Road
"Standard Facility" Reimbursement Cost
Construction
Engineering
District Fees
Total
we•- • A 'Men- • •••- •• • m. To ure
2 Residential Unit Equivalents (RUE's)
$64,410.66 / 2 RUE's = $32,205.33/RUE
$25,558.00
$29,375.56
$9,477.10
$64,410.66
Street Address
Assessors Parcel
Number
Number
of RUE's
Installer
Waive
Fee
Potential
Fee
476 Del Amigo Road
199 - 130 -012
1
No
No
Yes
576 Del Amigo Road
199 - 130 -068
1
Yes
No
No
UAPermits \REIMBURSEMENTS \5497 - Camino del Cielo, Orinda \Proposed Ordinance.doc Page 10 of 11
EXHIBIT B -3
Reimbursement Fee Calculation
Project 5698, El Pintado, Danville
"Standard Facility" Reimbursement Cost
Construction
Engineering
District Fees
Total
4 Residential Unit Equivalents (RUE's)
$110,989.7 / 4 RUE's = $27,747.43/RUE
$94534.00
$11,588.00
$4,867.70
$110,989.70
Street Address
Assessors Parcel
Number
Number
of RUE's
Installer
Waive
Fee
Potential
Fee
El Pintado
197- 161 -079
1
No
No
Yes
El Pintado
197 - 161 -080
1
No
No
Yes
El Pintado
197- 161 -081
1
Yes
No
No
743 El Pintado
197 - 162 -007
1
No
No
Yes
UAPermits \REIMBURSEMENTS \5497 - Camino del Cielo, Orinda \Proposed Ordinance.doc Page 11 of 11
CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON
THE CAPITAL IMPROVEMENT BUDGET FOR 2005 -06 AND THE 2005 TEN -YEAR
CAPITAL IMPROVEMENT PLAN
SUGGESTED AGENDA
MAY 19, 2005
Request staff presentation.
II. Conduct Public Hearing:
A. Open Public Hearing.
B. Receive public comments.
C. Request staff response, as appropriate.
D. Close Public Hearing.
III. Board Deliberation to consider approval of the 2005 Ten -Year Capital Improvement Plan
and approval of the Capital Improvement Budget for Fiscal Year 2005 -06 for inclusion in
the overall 2005 -06 District Budget.
S: \Position Papers \Chesler\CIP -CIB Hearing Agenda May 2005.doc
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 19, 2005 No.: 5.b. HEARINGS
Type of action: CONDUCT A PUBLIC HEARING, APPROVE CIB /CIP
subject: CONDUCT A PUBLIC HEARING ON THE CAPITAL IMPROVEMENT
BUDGET (CIB) FOR 2005 -06 AND THE 2005 TEN -YEAR CAPITAL IMPROVEMENT
PLAN (CIP), APPROVE THE 2005 CIP, AND APPROVE THE CIB FOR INCLUSION
IN THE 2005 -06 DISTRICT BUDGET
Submitted By: Initiating Dept /Div.:
Gail Chesler, PhD Engineering /Environmental Services
Associate Engineer
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
al
G Chesler R. Schmidt C. Swanson A. Far ell oGeneral eger
ISSUE: The Board of Directors has established May 19, 2005 as the date for a public
hearing on the CIB for 2005 -06 and the 2005 Ten -Year Capital Improvement Plan (CIP).
Separate Board approval of the CIP and the CIB for inclusion in the 2005 -06 District
Budget is requested.
RECOMMENDATION: Conduct a public hearing to receive comments on the CIB /CIP.
Approve the draft 2005 CIP. Approve the CIB for inclusion in the 2005 -06 District
Budget.
FINANCIAL IMPACTS: Approval of the FY 2005 -06 CIB and 2005 CIP is a necessary
step prior to Board adoption. Approval will include an additional authorization of
$27,972,000 from the Sewer Construction Fund; resulting in a total Fiscal Year 2005 -06
Board authorized funding level of $41,904,000. This will allow expenditures to continue
on the District's Capital Improvement Program.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: The CIP provides the basis for project prioritizing and scheduling,
staffing, and long -range financial planning. The CIP also provides the framework for
analyzing different capital program funding scenarios. The 2005 CIP covers the ten -
year period from 2005 -06 through 2014 -15. The plan includes expenditures totaling
$248.9 million (2005 dollars) over ten years.
The CIB provides a detailed presentation of the schedules and cost estimates for
projects proposed for the first year of the ten -year planning period. It also provides for
the Board's authorization of funds for 2005 -06 from the Sewer Construction Fund to the
Treatment Plant, Collection System, General Improvements, and Recycled Water
Programs.
Page 1 of 4
S: \Position Papers \Chesler\PublicHearing -FY 05 -06 CIB Imp Plan.DOC
POSITION PAPER
Board Meeting Date: May 19, 2005
sub /ect: CONDUCT A PUBLIC HEARING ON THE CAPITAL IMPROVEMENT
BUDGET (CIB) FOR 2005 -06 AND THE 2005 TEN -YEAR CAPITAL IMPROVEMENT
PLAN (CIP), APPROVE THE 2005 CIP, AND APPROVE THE CIB FOR INCLUSION
IN THE 2005 -06 DISTRICT BUDGET
A review draft CIB /CIP was submitted to the Board of Directors on April 1, 2005. A
Board Workshop to discuss the review draft was held on April 14, 2005. It is
appropriate for the Board to receive comments from the public prior to considering
approval of the CIB /CIP. The Board established May 19, 2005 as the date for a public
hearing to receive these comments and appropriate notices have been posted and
published.
Capital Budget Authorization
Adoption of the CIB with the 2005 -06 District Budget will authorize additional funds from
the Sewer Construction Fund for planning, design, and construction of capital
improvement projects. The new funding authorization will include a carry-over of
approximately $13,932,000 from Board authorizations in previous years, and an
additional authorization of $27,972,000 from the Sewer Construction Fund resulting in a
total Fiscal Year 2005 -06 authorized funding level of $41,904,000. It should be noted
that specific Board approval is required for consultant agreements over $50,000, for
award of construction contracts over $15,000, and for project overruns in excess of 15
percent (15 %) of the final project budget established at the time of construction contract
award. The distribution of the funding authorization to the four capital improvement
programs is shown on Attachment 1. The estimated expenditures for the capital
program in FY 2005 -06 are also shown in Attachment 1 and total $27,705,500.
Ten -Year Capital Plan
The draft 2005 CIP includes $63.8 million (2005 dollars) for Treatment Plant projects
(25% of total expenditures), $154.4 million for Collection System projects (62% of total
expel Iditures), $26.7 million for General Improvements projects (11 % of total
expenditures), and $4.0 million for Recycled Water projects (2% of total expenditures)
over the next ten years. The expenditures recommended in the five -year Master Plan
for Information Technology have been incorporated in the General Improvements
Program in the 2005 CIP. A cash flow table is included in the Ten -Year Capital Plan
and indicates the revenue needed to support the planned ten -year expenditures.
Staff has evaluated the CIB and CIP and concluded that they are exempt from the
California Environmental Quality Act (CEQA) under District CEQA Guidelines Section
15262, since they are planning studies. Approval of the budget and plan will establish
the Board of Directors independent finding that these documents are exempt from
CEQA.
S: \Position Papers \Chesler\PublicHearing -FY 05 -06 CIB Imp PIan.DOC Page 2 of 3
POSITION PAPER
Board Meeting Date: May 19, 2005
Subject: CONDUCT A PUBLIC HEARING ON THE CAPITAL IMPROVEMENT
BUDGET (CIB) FOR 2005 -06 AND THE 2005 TEN -YEAR CAPITAL IMPROVEMENT
PLAN (CIP), APPROVE THE 2005 CIP, AND APPROVE THE CIB FOR INCLUSION
IN THE 2005 -06 DISTRICT BUDGET
RECOMMENDED BOARD ACTION: Conduct a public hearing to receive comments on
the CIB and CIP. Approve the 2005 CIP. Approve the CIB for inclusion in the 2005 -06
District Budget.
S: \Position Papers \Chesler\PublicHearing -FY 05 -06 CIB Imp Plan.DOC Page 3 of 3
ATTACHMENT 1
CAPITAL IMPROVEMENT BUDGET SUMMARY
FY 2005 -06
'This number represents funds that have been authorized by the Board, allocated to projects by
the General Manager, but not spent during FY 2004 -05.
SAPosition Papers \Chester \CIP -CIB Hearing Attachment 1.doc Page 4 of 4
CARRY -OVER
ADDITIONAL
TOTAL PROPOSED
ESTIMATED
PROGRAM
FROM
AUTHORIZATION
AUTHORIZATION
FY 2005 -06
FY 2004 -05
REQUESTED
EXPENDITURES
Treatment Plant
3,193,000
9,998,000
13,191,000
7,493,400
Collection
9,130,000
14,637,000
23,767,000
16,123,000
System
General
1,586,000
2,929,000
4,515,000
3,683,400
Improvements
Recycled Water
23,000
408,000
431,000
405,700
Total FY 2005 -06
13,932,000
27,972,000
41,904,000
27,705,000
'This number represents funds that have been authorized by the Board, allocated to projects by
the General Manager, but not spent during FY 2004 -05.
SAPosition Papers \Chester \CIP -CIB Hearing Attachment 1.doc Page 4 of 4
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 19, 2005 No.: 7.a. BIDS AND AWARDS
Type of Action: CONSIDER BID RELIEF /AUTHORIZE AWARD
subject: CONSIDER BID RELIEF TO McNAMARA & SMALLMAN CONSTRUCTION,
INC. AND AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO
K.J. WOODS CONSTRUCTION, INC. FOR THE SOUTH ORINDA SEWER
IMPROVEMENTS PROJECT — PHASE 2, DISTRICT PROJECT 5558
Submitted By: Initiating Dept /Div.:
Alex Rozul, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
a, � J dr) VV—I
A. Rgful ecki W. Brennan A. Farrell
General
ISSUE: On May 3, 2005, sealed bids were received and opened for construction of the
South Orinda Sewer Improvements Project — Phase 2, DP 5558. On May 5, 2005,
McNamara & Smallman asked for bid relief. The Board of Directors must determine
whether to grant relief of a bid and to award the construction contract to the second
lowest bidder or reject bids within 50 days of the bid opening.
RECOMMENDATION: Grant bid relief to McNamara & Smallman Construction, Inc.
and authorize award of a construction contract to K.J. Woods Construction, Inc.
FINANCIAL IMPACTS: Approximately $2,287,000, including bid price, contingency,
and construction management.
ALTERNATIVES /CONSIDERATIONS: Alternatives include (1) reject the request for
relief of bid and award a construction contract to McNamara & Smallman Construction,
Inc.; (2) grant the request for bid relief of McNamara & Smallman Construction Inc., and
authorize award of a construction contract to K.J. Woods Construction, Inc.; or (3) reject
all bids.
BACKGROUND: The Orinda Sewer Improvement Facilities Plan for the Orinda Sewer
Improvement Program (September 1992) identified 14,000 feet of 6 -inch to 15 -inch
diameter sewers on Moraga Way and Glorietta Boulevard as some of the highest
priority sewer improvements in the District. Also listed were approximately 24,200 feet
of 6 -inch to 10 -inch diameter sewers located at 20 sites in the South Oririda area. All
lines are included in the Collection System critical line segment list. The main line on
Glorietta Boulevard is also identified by the Collection System Master Plan as a high
priority capacity deficiency.
TV inspection reports and maintenance records indicate that many of the existing
sewers have cracked joints, root intrusions, and grease buildup. During the
hPosition Papers\2005 \5558 -So Orinda Sewer Imp Proj.DOC Page 1 of 11
POSITION PAPER
Board Meeting Date: May 19, 2005
subject: CONSIDER BID RELIEF TO McNAMARA & SMALLMAN CONSTRUCTION,
INC. AND AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO
K.J. WOODS CONSTRUCTION, INC. FOR THE SOUTH ORINDA SEWER
IMPROVEMENTS PROJECT — PHASE 2, DISTRICT PROJECT 5558
February 12 through 21, 1986 storm, nine manholes located in backyard easements
overflowed. The overflows were caused by severe capacity deficiencies in the existing
sewers combined with the above - stated blockage problems. Overflows in the project
area are of a particular concern, since the area drains to San Pablo Reservoir, an East
Bay Municipal Utility District (EBMUD) water supply source.
Construction on Phase 1 was completed in 1999 and included the installation of
8,250 feet of 36 -inch sewer by micro - tunneling along Moraga Way and part of Camino
Pablo. An additional 11,500 feet of 8 -inch to 12 -inch sewers were also installed utilizing
pipe bursting and open -cut construction methods. This project will replace or
rehabilitate about 6,000 feet of 8 -inch to 15 -inch diameter sewer on Glorietta Boulevard,
from Orchard Road to Meadow View Road, using open -cut construction methods. Also,
approximately 2,000 feet of 6 -inch to 8 -inch diameter sewers located on Glorietta
Boulevard, Moraga Via, and Hillcrest Drive will also be replaced utilizing pipe bursting
construction methods (see Attachment 1).
District staff prepared the plans and specifications for this project; the engineer's
estimate for construction was $2,022,000. The project was advertised on April 13 and
18, 2005. Six sealed bids were received and publicly opened on May 3, 2005. Bids
ranged from $1,477,600 to $2,564,729, and a summary of bids is shown in
Attachment 2. The apparent low bid is from McNamara & Smallman Construction, Inc.
in the amount of $1,477,600.
On the afternoon of May 5, 2005, Bob Smallman of McNamara & Smallman
Construction, Inc. informed District staff that a clerical error was made in preparing their
bid. On May 6, 2005, within five (5) days of the bid opening, District staff received a
letter from McNamara & Smallman Construction, Inc. indicating that a clerical error was
made with respect to its bid, and, therefore, McNamara & Smallman Construction, Inc.
was requesting relief from its bid proposal (see Attachment 3).
The letter explains that the Contractor had entered the wrong estimated cost for bid
Item No. 2. The cost for this bid item was calculated as $310,000 but the amount
entered into the bid was $10,000. The number "3" was not transcribed onto the
proposal and caused their bid to be underestimated by $300,000.
Under California Public Contract Code Section 5103, a bidder may request relief of bid
within five (5) calendar days of bid opening in the event of a clerical or arithmetical error
in preparing the bid proposal. The law is stringent with regard to relief from bids and
allows relief to be granted by the awarding authority only under specific circumstances.
hPosition Papers\2005 \5558 -So Orinda Sewer Imp Proj.DOC Page 2 of 11
POSITION PAPER
Board Meeting Date: May 19, 2005
subject: CONSIDER BID RELIEF TO McNAMARA & SMALLMAN CONSTRUCTION,
INC. AND AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO
K.J. WOODS CONSTRUCTION, INC. FOR THE SOUTH ORINDA SEWER
IMPROVEMENTS PROJECT — PHASE 2, DISTRICT PROJECT 5558
Specifically, the law states that:
"The bidder shall establish to the satisfaction of the court that:
a. A mistake was made.
b. He or she gave the public entity written notice within five (5) days after the
opening of the bids of the mistake, specifying in the notice in detail how
the mistake occurred.
C. The mistake made the bid materially different than he or she intended it to
be.
d. The mistake was made in filling out the bid, and not due to error in
judgment or to carelessness in inspecting the site of the work, or in
reading the plans or specifications."
Under the above Public Contract Code, it appears to staff that the error, as explained
by McNamara & Smallman Construction, Inc., may well have been a clerical error, and
that relief may be granted to McNamara & Smallman Construction, Inc. The Board
must evaluate the facts submitted, consider other information that may be presented at
the Board meeting, and determine whether there is an adequate basis to grant
McNamara & Smallman Construction, Inc. relief from its bid due to a clerical error. A
representative from McNamara & Smallman Construction, Inc. will be present to provide
additional information.
Staff conducted a commercial and technical evaluation of the bids and has determined
that in the event McNamara & Smallman Construction, Inc. is granted relief from its bid,
the second low bidder, K.J. Woods Construction, Inc., is the lowest responsible bidder
with a bid amount of $1,808,000.
District staff will perform construction contract management, administration, and survey
for the entire project and will perform inspection, office engineering, and shop drawing
review. The funds required to complete the project, as shown in Attachment 4, are
$2,287,000.
The sewer work for the South Orinda Sewer Improvements Project — Phase 2 is
included in the Fiscal Year (FY) 2004 -05 Capital Improvement Budget (CIB) on
pages CS -84 through CS -86. Staff has conducted a cash flow analysis of the Sewer
Construction Fund and concluded that adequate funds are available for this project.
The project is exempt from the California Environmental Quality Act (CEQA) under
District CEQA Guidelines, Section 15302, since it involves replacement of existing
facilities in substantially the same location and with the same purpose as the facilities
being replaced. Any capacity increases provided by the project are non - growth related
and are to accommodate wet - weather flows. Authorization of this award of a
hPosition Papers\2005 \5558 -So Orinda Sewer Imp Proj.DOC Page 3 of 11
POSITION PAPER
Board Meeting Date: May 19, 2005
Subject: CONSIDER BID RELIEF TO MCNAMARA & SMALLMAN CONSTRUCTION,
INC. AND AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO
K.J. WOODS CONSTRUCTION, INC. FOR THE SOUTH ORINDA SEWER
IMPROVEMENTS PROJECT — PHASE 2, DISTRICT PROJECT 5558
construction contract will establish the Board of Director's independent finding that this
project is exempt from CEQA.
RECOMMENDED BOARD ACTION: Staff recommends the following for the Board's
approval:
1. Consider McNamara & Smallman Construction, Inc.'s request for bid relief. A
representative from McNamara & Smallman Construction, Inc. will be present to
provide additional information.
2. Grant bid relief to McNamara & Smallman Construction, Inc. and direct staff to
return their bid bond.
3. Authorize award of a construction contract in the amount of $1,808,000 for the
South Orinda Sewer Improvements Project — Phase 2, District Project 5558, to
K.J. Woods Construction, Inc., the next lowest responsive and responsible
bidder.
hPosition Papers\2005 \5558 -So Orinda Sewer Imp Proj.DOC Page 4 of 11
r
a
ATTACHMENT 2
CENTRAL CONTRA COSTA SANITARY DISTRICT
SUMMARY OF BIDS
PROJECT NO. 5558 DATE: MAY 3, 2005
PROJECT NAME: SOUTH ORINDA SEWER IMPROVEMENTS PROJECT —
PHASE 2
LOCATION: ORINDA, CALIFORNIA ENGINEER EST.: $2,022,000
NUMBER
BIDDER
(Name & Address)
BID PRICE
1
McNamara & Smallman Construction, Inc.
$1,477,600
Livermore, CA
2
K.J. Woods Construction Inc.
$1,808,000
San Francisco, CA
3
California Trenchless, Inc.
$1,849,790
Hayward, CA
4
Bay Pacific Pipelines Inc.
$1,891,320
Novato, CA
5
J. Howard Engineering Inc.
$2,148,259
Burlingame, CA
6
Mountain Cascade Inc.
$2,564,729
Livermore, CA
BIDS OPENED BY: /s/ Elaine Boehme
DATE: May 3, 2005 SHEET NO. 1 OF 1
hPosition Papers\2005 \5558 -So Orinda Sewer Imp Proj.DOC Page 6 of 11
May. 5. 2005 9:14PM
10 GENEWIL ENGINEERING
CONTRACTORS a
,srRUCT�oN`
Calif. Uc. No. 622609
1756 Holmes Street
No. 0317 P. 2
ATTACHMENT 3
McNAMARA. & SMALLMAN CONSTRUCTION INC.
GENERAL ENGINEERING CONTRACTOR
Livermore, California 94550
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA
deliver and fax to "S
(925) 606 -7190 • FAX (925) 606 -0335
May 6" 2005
Re: South Orinda Sewer Improvements Project, Phase 2
REQUEST FOR REL EF FROM BID
Dear Secretary of the District,
This is a formal written request pursuant to Section 5100 et seq. of the Public
Contract Code and Section 16 of the invitation to bidders that McNamara & Smallman
Construction, Inc. be relieved from its bid in connection with the above project and that
its bid security be released. We are requesting this relief because we made a clerical .
error in entering the estimated cost for bid item no. 2, "Sheeting, Shoring and Bracing ".
We had calculated the cost for this item as $310,000 (see attached work sheet), but the
amount entered on our proposal was $10,000 (see attached proposal). The number "3"
was inadvertently not transcribed onto our proposal form.
This mistake is extremely material to the bid, inasmuch as it resulted in our bid
being $300,000 lower than we had intended it to be. Given that our bid, with the mistake,
was $1,477,600, this mistake represents more than 20% of our bid amount.
This mistake was not the result of an error in judgment or carelessness in
inspecting the site or in reading the plans and specifications. Instead, it was an
inadvertent clerical mistake. Although we attempt to review all of our bid documents
very carefully, in the extremely busy period immediately before a bid is submitted, we
did not detect ibis error. We did not discover the mistake until after the bid opening.
Because this was an inadvertent clerical error that made our bid materially
different than we intended it to be, we respectfWly request relief under Section 5103 of
the Public Contract Code and Section 16 of the invitation to bidders.
It is our understanding that the law will fully support relief from our bid under
these circumstances. Even a contractor that has had ample time to check its bid for
CADoc=ents and SctdngAAdministmtor\My Docur= tsTraf UenenoOrinda(00070374)_doe Page 7 of 11
May. 5. 2005 9:15PM
No. 0317 P. 3
errors, unlike McNamara & Smallman which was subject to the press of time in
submitting a bid, still may obtain relief from mistake, Elsinore Union Blementa� School
District v. Kastorff. 129 C.A.2d 60 (1954). Moreover, relief from mistake in bids is
consistently allowed where one party knows or has reason to know the other's error."
M.F. Kemper Construction Co v, Ci of Los Anoles, 37 C.2d 696 (1951). A public
agency cannot take advantage of what it knows to be a mistake. See, e.g., M.F. Kemper
Construction Co. v. City of Los An e� les. 37 C.2d 696 (1951); Emma Co v, In ]ewood
Unified Schoo117ist., 114 C.A. 4th 1018 (2004).
We apologize for any inconvenience that our bid withdrawal may have caused.
However, under the circumstances, We cannot in, good faith attempt to perform a contract
we have made an inadvertent clerical mistake in transcription that would cost our
. � �� $��QQ,_�y...wa� of..compasison; our f ran- performs- •less•tharr$'S m�Tll��iin �"� .... .
work per year.
We therefore respectfully request that the District provide us with written
confirmation that we have been relieved from our bid and that our bid security will be
returned. Thank you, and please feel free to call if you need any further information or
have any questions.
Very truly yours,
I�
McNAMAR.A & SMALLMAN
CONSTRUCTION, INC.
C:Tocuments and SettinSslAdministratorft Documents lDraftletwnoOrinda(00070374).doc Page 8 of 11
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IMJLI ;% CAA7 'G 'AEIN
a7. J. NV)L 7 - 171
11U. V) I 1 r.
(O PART NI
SED BID FORMS
D. f
ADDENDUN
ATiACHMENI
PAGE
- SCHEDULE OF BID
2s .
fiction of South Orinds Sewer Improvements - Phase
lvith the Project Documents.
1 1 Write Unit Prica Write Extende
Quantity IWA ig Figures Price in Figure
imp sum 1 LS
2 Sheeting, shoring, and bracing or equivalent 1 LS 14,E
method conforming to applicable safety orders
for the lump sum(LS) price of (MITTEN IN
WORDS) Vey 4r 'A 60--A wc�
3 Construction Schedule for the lump sum (LS) 1 LS
price of (minimum 5,000 - maximum 10,000)
1WRITTEN IN WQR V
4 Installation of 8 -inch sewer pipe using open cut 2161 LF
techniques for the per lineal foot (LF) price of
(WRITTEN IN WORDS)
6 Installation of 10 -Inch sewer pipe using open 1131 LF
W techniques for the per lineal foot (LF) price
of MITEN IN WORDS)
6 Installation of 12 -inch sewer pipe using open 866 LF
cut techniques for the per lineal foot (LF) price
of (WRITTEN IN WORDS)
7 Installation of 16 -inch sewer pipe using open 1826 LF
cut techniques for the per lineal foot (LF) price
of MITTEN IN WORDS)
o�
l5oa
�l a55
1(oa
mp
1D�o�
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"� 61C.00
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Page 10 of 11
ATTACHMENT 4
SOUTH ORINDA SEWER IMPROVEMENTS, PHASE 2
DISTRICT PROJECT 5558
POST BID / PRECONSTRUCTION COST ESTIMATE
TOTAL % OF ESTIMATED
ITEM DESCRIPTION CONSTRUCTION COST
1. CONSTRUCTION
a. Construction Contract 1,808,000
b. Contingency (15 %) 271,000
c. Permit (City of Orinda Inspection) 15,000
TOTAL CONSTRUCTION 2,094,000 100
2. CONSTRUCTION MANAGEMENT
H: \wpd \5558 \5558 - Attachment 4.xls
Page 11 of 11
a. District Forces
Construction Management
50,000
Contract Administration /Inspection
100,000
Office Engineering
15,000
Surveying
25,000
Community Relations
15,000
SUBTOTAL
205,000
b. Consultants
Geotech
10,000
Material Testing
30,000
Arborist
3,000
SUBTOTAL
43,000
TOTAL CONSTRUCTION MANAGEMENT
248,000 12
3.
TOTAL CONSTRUCTION PHASE COST
2,342,000 112
4.
TOTAL PREBID EXPENDITURES (Planning and Design)
270,000 13
5.
TOTAL DESIGN AND CONSTRUCTION MANAGEMENT
518,000 25
6.
TOTAL ESTIMATED PROJECT COST
2,612,000
7.
FUNDS AUTHORIZED TO DATE
325,000
8.
ALLOCATION NEEDED TO COMPLETE PROJECT
2,287,000
H: \wpd \5558 \5558 - Attachment 4.xls
Page 11 of 11
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 19, 2005 No.: 9.a. ENGINEERING
Type of Action: AUTHORIZE AGREEMENT AMENDMENT
subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AMENDMENTS TO
AGREEMENT NO. 28572D AND AGREEMENT NO. 29840D WITH ARCSINE
ENGINEERING FOR ADDITIONAL PROFESSIONAL SERVICES IN CONNECTION
WITH THE LOWER ORINDA PUMPING STATION RENOVATION PROJECT,
DISTRICT PROJECT NO. 5448
Submitted By: Initiating Dept ✓Div.:
Sasha Mestetsky, Associate Engineer Engineering /Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
Mestetsky A�gHtl(owlak \T-PV6cki W. Brennan A. Farrell
General
ISSUE: Board authorization is required for the General Manager to execute an
amendment to an agreement for an amount beyond staff limits.
RECOMMENDATION: Authorize the General Manager to execute amendments to
Agreement Nos. 28572D and 29840D with ArcSine Engineering for additional
professional services in connection with the Lower Orinda Pumping Station Renovation
Project, District Project No. 5448.
FINANCIAL IMPACTS: The amount of the recommended revision to Agreement
No. 28572D is $62,000, which will increase the current Agreement to $200,000.
The amount of recommended revision to Agreement No. 29840D is $25,000, which will
increase the current Agreement to $55,000.
ALTERNATIVES /CONSIDERATIONS: An alternative to the authorization for the
additional professional services for Agreement No. 28572D would be:
Utilize another electrical engineering firm to perform the work — this is not
recommended because ArcSine Engineering has completed the design and
construction support up to date and has acquired extensive background and
knowledge on the project.
Alternatives to the authorization for additional professional services for Agreement
No. 29840D would be:
1. Not to perform additional SCADA programming work — this is not recommended
because the additional local SCADA control will allow redundancy in the control
of the pumping station.
t_:\Position Papers \Mestetsky \5448.Amendments.DOC Page 1 of 3 5/12/2005 8:27 AM
POSITION PAPER
Board Meeting Date: May 19, 2005
Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AMENDMENTS TO
AGREEMENT NO. 28572D AND AGREEMENT NO. 29840D WITH ARCSINE
ENGINEERING FOR ADDITIONAL PROFESSIONAL SERVICES IN CONNECTION
WITH THE LOWER ORINDA PUMPING STATION RENOVATION PROJECT,
DISTRICT PROJECT NO. 5448
2. Utilize another instrumentation consultant to perform the work — this is not
recommended because ArcSine Engineering has satisfactorily completed the
initial phase of SCADA integration and has acquired extensive background and
knowledge on the project.
BACKGROUND: The Pumping Stations Master Plan prepared in 1989 by Dodson and
Young evaluated the existing pumping stations' condition; developed criteria including
firm pumping capacity, equipment reliability, ease of maintenance and operation, and
safety; and recommended improvements. The Lower Orinda Pumping Station is the
District's oldest active pumping station and was built in 1949. The electrical and
mechanical equipment is obsolete and difficult to maintain. The Master Plan
recommended that the mechanical and electrical equipment be updated, reliability
improved, and capacity increased to meet projected wet - weather flows.
The Board, at its December 4, 2003, meeting, awarded the construction for the Lower
Orinda Pumping Station Project to Pacific Mechanical Corporation and authorized the
General Manager to enter into an agreement with E &C (currently known as ArcSine
Engineering) to provide electrical and instrumentation support services during
construction. ArcSine Engineering was selected because they prepared the
electrical /instrumentation plans and specifications for the project. This agreement for
professional services during construction is Agreement No. 28572D and was entered
into on January 24, 2004.
Due to numerous issues with the electrical subcontractor and panel manufacturer,
PG &E and SBC coordination and delays, and extensive generator coordination issues
related to new Air Board requirements, ArcSine Engineering has requested additional
funds to complete the electrical /instrumentation construction support. Staff has
negotiated an amendment with ArcSine Engineering in the amount of $62,000 to
complete the remaining tasks. This brings the total agreement amount with ArcSine
Engineering to $200,000.
With regards to Agreement No. 29840D, the Lower Orinda Pumping Station was not
included in the Pumping Station Supervisory Control and Data Acquisition ( SCADA)
project. The renovation of the pumping station was begun after the SCADA project was
under construction. Staff judged it best to integrate the Lower Orinda Pumping Station
with the Pumping Station SCADA as a separate task in the Lower Orinda Project. In
the position paper to award the Lower Orinda project on December 4, 2003, $55,000
was shown as the cost for SCADA integration. In May 2004, proposals were solicited
for SCADA integration. Two proposals were received and ArcSine was selected to do
the SCADA integration due to their knowledge of the system, their experience and
lower cost. Agreement No. 29840D was signed in November 2004, for $30,000.
ArcSine has performed well on their scope of work thus far.
UPosibon Papers \Mestetsky \5448.Amendments.DOC Page 2 of 3 5/12/2005 8:27 AM
POSITION PAPER
Board Meeting Date: May 19, 2005
subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AMENDMENTS TO
AGREEMENT NO. 28572D AND AGREEMENT NO. 29840D WITH ARCSINE
ENGINEERING FOR ADDITIONAL PROFESSIONAL SERVICES IN CONNECTION
WITH THE LOWER ORINDA PUMPING STATION RENOVATION PROJECT,
DISTRICT PROJECT NO. 5448
The additional scope for Agreement No. 29840D will provide the operators with
redundant access. Redundant access has been provided to both the SCADA system
and local control via a desktop computer and a touch screen monitor built into the
control panel at the most important large pumping stations. These are the Moraga and
Orinda Crossroads pumping stations in the EBMUD watershed and the San Ramon
pumping station. If either device fails, it is still possible for a local operator to control
the pumping station. The design of the Lower Orinda pumping station did not include
this feature. This was an omission that should be corrected since the Lower Orinda
pumping station is also in the EBMUD watershed.
Because of their good performance and extensive working knowledge, staff
recommends amending ArcSine Engineering Agreement No. 29840D to include this
additional scope of work and increase the agreement from $30,000 to $55,000.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute
amendments to Agreement Nos. 28572D and 29840D with ArcSine Engineering for
additional professional services in connection with the Lower Orinda Pumping Station
Renovation Project, District Project No. 5448.
L: \Position Papers \Mestetsky \5448.Amendments.DOC Page 3 of 3 5/12/2005 9:11 AM
Central Contra Costa Sanitary District
f BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 19, 2005 No.: 9,b, ENGINEERING
Type of Action: AUTHORIZE AGREEMENT
subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AMENDMENT
TO AN EXISTING PROFESSIONAL SERVICES AGREEMENT WITH ATI
ARCHITECTS AND ENGINEERS IN THE AMOUNT OF $63,000 TO PROVIDE
PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF THE
CHEMICAL FEED BUILDING RENOVATION PROJECT, DISTRICT PROJECT 7226
Submitted By: Initiating Dept. /Div,:
Melody LaBella, Assistant Engineer Engineering /Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
Kl
M. LaBella B. Than W. Brennan A.
General
ISSUE: 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 amendment to
an existing Professional Services Agreement with ATI Architects and Engineers (ATI) in
the amount of $63,000 to perform the design and to prepare plans and specifications
for the Chemical Feed Building Renovation Project, District Project 7226.
FINANCIAL IMPACTS: By authorizing this amendment to the existing Professional
Services Agreement with ATI, the total value of the Agreement will be $90,000. The
estimated planning and design cost for this project, including District staff, is $115,000.
A detailed estimate of the construction cost will be completed after the project design.
The total project cost is expected to be approximately $730,000.
ALTERNATIVES /CONSIDERATIONS: An alternative would be to design the project
using in -house engineering. However, this project requires specialized expertise, which
is not available at the District at this time.
BACKGROUND: The Chemical Feed Building was constructed as part of the original
treatment plant expansion, completed in 1978, to house the equipment used to inject
lime into the primary influent up until 1987. Changes in the requirements for
wastewater treatment have made this lime injection system obsolete. This equipment is
no longer in use, but the remnants of the lime chemicals continue to accelerate the
corrosion to the inside of the Chemical Feed Building.
The diversion channel, under the Chemical Feed Building, divides the incoming
wastewater flow among the primary treatment facilities. This submerged concrete
LAPosition Papers \LaBella \7226 Amendment.DOC Page 1 of 2
POSITION PAPER
Board Meeting Date: May 19, 2005
subject. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AMENDMENT
TO AN EXISTING PROFESSIONAL SERVICES AGREEMENT WITH ATI
ARCHITECTS AND ENGINEERS IN THE AMOUNT OF $63,000 TO PROVIDE
PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF THE
CHEMICAL FEED BUILDING RENOVATION PROJECT. DISTRICT PRn.iFr.T 799n
channel was built as part of the original headworks facilities (circa 1950) and has been
subjected to a highly corrosive environment.
In July 2004, District Staff executed a Professional Services Agreement with ATI in the
amount of $27,000, for the inspection and assessment of the diversion channel under
the Chemical Feed Building and a structural assessment of the building. ATI found that
the channel was in very good condition, however it contained excessive grit and solids
due to the geometry of the channel. ATI also found that the south end of the building,
which houses the lime equipment, has suffered severe corrosion, to the extent that the
building has lost its structural integrity.
With the exception of the replacement of four (4) sluice gates at the south end of the
diversion channel that are needed to restore operational flexibility, the scope of work for
this project results from the detailed inspection conducted by ATI in Fall 2004 and
includes the following: restoration of the structural stability of the building, removal of all
abandoned or out -of- service equipment and piping /conduits, preparation and painting of
all interior structural steel (lead pain stabilization, as required), filling -in and coating of
the bottom of the diversion channel and replacement of corroded angle bends within
the channel.
ATI has done a good job on the preliminary design work on the project and has
acquired extensive working knowledge on the Chemical Feed Building; therefore, staff
recommends retaining ATI for the design phase of the project. Staff has negotiated a
professional engineering service agreement with ATI for the design of the project,
including the preparation of plans and specifications, with a cost ceiling of $63,000.
If the Board authorizes execution of this amendment to the existing Agreement with
ATI, the design for the project will start in June 2005 and will be completed by February
2006. Following the bidding and award process, construction may begin in May 2006.
Funds for this project are budgeted in the Treatment Plant Program in the current CIB
on pages TP -48 through TP -50. Staff will advise the Board of the final project budget
when the Engineer's estimate is completed as part of the project bidding process.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute an
amendment to an existing Professional Services Agreement with ATI Architects and
Engineers in the amount of $63,000 to perform the design and to prepare plans and
specifications for the Chemical Feed Building Renovation Project, District Project 7226.
LAPosition Papers\LaBella \7226 Amendment.DOC Page 2 of 2
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 19, 2005 No.: 10.a. COLLECTION SYSTEM
Type of Action: AUTHORIZE EXECUTION OF WAIVER
Subject: AUTHORIZE THE GENERAL MANAGER TO WAIVE THE RIGHT TO
A HEARING AND AGREE TO MAKE PAYMENT OR UNDERTAKE A
SUPPLEMENTAL ENVIRONMENTAL PROJECT FOR ADMINISTRATIVE CIVIL
LIABILITY UNDER WATER CODE SECTIONS 13323 AND 13385
Submitted By: James M. Kelly Initiating Dept. /Div.: Operations/
Director of Operations Plant Operations
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
a /&&, 1� f44
J. Kelly K. Alm
General
ISSUE: Board authorization is required for the General Manager to waive the right to a
hearing and pay the Administrative Civil Liability (ACL) or to develop a Supplementary
Environmental Project (SEP).
RECOMMENDATION: Authorize the General Manager to waive the right to a hearing,
pay the Water Board staff cost of $10,000, and develop a $155,000 SEP.
FINANCIAL IMPACTS: The total ACL is $165,000. It is unlikely that contesting the
matter would reduce this liability given the State's current enforcement policy.
ALTERNATIVES/CONSIDERATIONS: Alternatives are to contest the matter or pay the
entire ACL. Paying the entire ACL in lieu of developing an SEP would require less staff
time, but would benefit the District's service area less.
BACKGROUND: At the Board meeting on May 5, 2005, staff announced that the
District had just received a complaint for an ACL from the Regional Water Quality
Control Board (Water Board). The complaint alleges that the District bypassed or
overflowed untreated wastewater to waters of the state, and sets the ACL at $165,000.
This amount is based on overflow volume from the District's collection system reaching
the waters of the state over the last five years, including the 2004 overflow at the San
Ramon Pumping Station. Up to $155,000 could be spent on an SEP that is acceptable
to the Water Board Executive Officer. The District has three options:
Appear before the Water Board at its June 15, 2005, meeting to contest the
matter.
2. Waive the right to a hearing and agree to pay the full liability of $165,000
within 30 days.
S: \Correspondence \Position Papers\2005\Adm Civil Liab2.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: May 19, 2005
Subject: AUTHORIZE THE GENERAL MANAGER TO WAIVE THE RIGHT TO A
HEARING AND AGREE TO MAKE PAYMENT OR UNDERTAKE A
SUPPLEMENTAL ENVIRONMENTAL PROJECT FOR
ADMINISTRATIVE CIVIL LIABILITY UNDER WATER CODE
SECTIONS 13323 AND 13385
3. Pay the Water Board staff cost of $10,000 within 30 days and complete an
SEP with the remaining $155,000.
The District must either submit written comments stating the grounds for contesting the
ACL or sign a waver and agree with the ACL. Either the written comments or the
waiver must be submitted to the Water Board by May 23, 2005. If the District chooses
to propose an SEP, it must submit a proposal by June 1, 2005, to the Water Board.
The proposal can be very general at this time, such as developing an SEP that will
benefit watersheds in the District's service area.
Staff and District Counsel have reviewed the complaint, and have found the proposed
ACL to be consistent with current State Water Resources Control Board ( SWRCB)
practice and policy. The ACL proposed for the District is based on the lowest or initial
liability, which is set on factors related to discharge in accordance with SWRCB policy.
The facts around these discharges are not in dispute. There were no additional
assessments other than the initial liability. Since the ACL is consistent with SWRCB
practice and policy and the facts are not in dispute, staff recommends that the District
not contest the complaint and waive the right to a hearing.
Staff further recommends that the District agree to pay $10,000 for the Water Board
staff cost and develop a $155,000 SEP that could benefit watersheds in the District's
service area and where the overflows occurred, as far as reasonably possible. The
SEP would be developed with Board input, and ultimately, the SEP must be approved
by the Water Board's Executive officer. This process normally takes up to two to three
months.
RECOMMENDED BOARD ACTION: Authorize the General Manager to waive the right
to a hearing, pay the Water Board staff cost of $10,000, and develop a $155,000 SEP
for Administrative Civil Liability under Water Code Sections 13323 and 13385.
Page 2 of 2
SACorrespondence \Position Papers\2005\Adm Civil Liab2.doc
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 19, 2005 No.: ll.a. HUMAN RESOURCES
Type of Action: ADOPT ARBITRATOR'S RECOMMENDATION
subject: DENY APPEAL AND ADOPT THE ARBITRATOR'S RECOMMENDATION IN
THE DISCIPLINARY MATTER OF SOURCE CONTROL SUPERINTENDENT TIM
POTTER
Submitted By: Cathryn R. Freitas, InitiatingDept./Diu: Administration /Human
Human Resources Manager Resources Division
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
C. Freitas] graves
r C arles Batts,
General Manager
ISSUE: In accordance with the disciplinary procedure in the current Memorandum of
Understanding (M.O.U.) between the District and the Management Support/Confidential
Group, the Board of Directors may adopt, reject or modify the recommendation of an
appointed neutral third party (arbitrator) in disciplinary matters.
RECOMMENDATION: Adopt the arbitrator's recommendation to deny the disciplinary
appeal of Source Control Superintendent Tim Potter.
FINANCIAL IMPACTS: None to the District.
ALTERNATIVES /CONSIDERATIONS: Reject or modify the arbitrator's
recommendation.
BACKGROUND: In March 2004 the Board directed staff to secure the services of an
arbitrator in the Step Four appeal of Source Control Superintendent Tim Potter. Mr.
Potter had received a five -day suspension for failure to perform his duties.
As part of his appeal, Mr. Potter chose to hire his own counsel, Mr. Alden Knisbacher,
Esq., to represent him in this matter. District labor counsel Daniel Clinton represented
the District. In a two -day hearing on September 3 and October 11, 2004, Arbitrator
Franklin Silver heard the evidence. Mr. Knisbacher requested that the parties provide
written briefs to the arbitrator following the hearing. The briefs were received by the
arbitrator by the December 22, 2004 deadline.
The arbitrator has recommended to the Board that the appeal be denied; the five -day
suspension of Mr. Potter was for good cause. The advisory opinion has been
submitted to the Board under separate cover. The hearing transcript is available in
Human Resources for review if desired by the Board.
Page 1 of 2
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 19, 2005 No-: 12.a. REAL PROPERTY
Type of action: Accept Grant of Easement
Subject: ACCEPT A GRANT OF EASEMENT FROM WILLOWS CENTER CONCORD,
LLC, FOR THE A -LINE RELIEF INTERCEPTOR PROJECT, DP 8156
Submitted By: Initiating Dept./Div.:
Ricardo Hernandez Engineering /Environmental Services
Senior Engineering Assistant
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
Zk — _h7 06 – —
R. Hernandez M. enny P\-/C. Swanson A. Farr I a es . Ba C
General Mana r
ISSUE: The Board must accept easements by resolution.
RECOMMENDATION: Adopt a resolution to accept easements from Willows Center
Concord, LLC, and authorizing staff to record these with the County Recorder.
FINANCIAL IMPACTS: Compensation in the amount of $18,250 has been offered to
the Willows Center, Concord, LLC, subject to Board approval. Funding for the purchase
of the future A -Line Relief Interceptor right of way is included in the Capital
Improvement Budget.
ALTERNATIVES /CONSIDERATIONS: The subject easements are part of the
approved alignment in the Pleasant Hill /A -Line Relief Sewer Overflow Protection Project
Final Environmental Report certified by the Board on October 2, 1991.
BACKGROUND: The future A -Line Relief Interceptor is being designed to handle
current and future capacity problems associated with wet weather infiltration and inflow.
The attached map depicts the proposed alignment. The first phase of the interceptor,
from the treatment plant to Buchanan Fields Golf Course, was built in 1995 as part of
the construction for the Pleasant Hill Relief Interceptor (Map 1 attached). Remaining
phases, from Buchanan Fields Golf Course to Ygnacio Valley Road, are tentatively
scheduled for construction in the years 2015 through 2025. Acquisition of the needed
property rights is a phase of the overall Interceptor project. Securing the rights for the
section from Buchanan Fields Golf Course to Monument Boulevard at this time will
protect the proposed alignment corridor from competing utilities and other land uses.
The right of way for the section from Monument Boulevard to Ygnacio Valley Road was
obtained as part of the purchase of the former Southern Pacific Railroad corridor (aka
Iron Horse Trail Corridor).
Acquisition of the easements from the Willows Center Concord was done at this time to
coincide with negotiations for a lease request from the Willows to allow parking on right
S: \Position Papers \Hernandez R \Easement Willows Center for A -line Sewer DP8156.DOC Page 1 of 4
POSITION PAPER
Board Meeting Date: MAY 19, 2005
subject. ACCEPT A GRANT OF EASEMENT FROM WILLOWS CENTER CONCORD,
LLC, FOR THE A -LINE RELIEF INTERCEPTOR PROJECT, DP 8156
of way the District owns through the same parcel of land (Map 2 attached).
Consideration of the lease request from the Willows will be submitted to the Board as a
separate future action.
RECOMMENDED BOARD ACTION: Adopt a resolution accepting the easements from
Willows Center Concord, LLC, and authorize staff to record the Grant of Easement with
the County Recorder.
Page 2 of 4
S: \Position Papers \Hernandez R \Easement Willows Center for A -line Sewer DP8156.130C
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Page 4 of 4
Central Contra Costa Sanitary District
i BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 19, 2005 No.: 12.b. REAL PROPERTY
Type of Action: DECLARE LAND SURPLUS AND AUTHORIZE SALE
subject: ADOPT RESOLUTION DECLARING ONE -ACRE PARCEL IN THE TOWN OF
DANVILLE AS SURPLUS DISTRICT LAND AND AUTHORIZE BOARD PRESIDENT
AND SECRETARY TO EXECUTE THE SALE OF THE PROPERTY TO THE TOWN
OF DANVILLE
Submitted By: Randall M. Musgraves Initiating Dept. /Div.:
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
_At&� 4-2 4��L4
/K. "raves K. Alm
General
ISSUE: Board approval of all disposition of District real property is required. Board
approval is also necessary to determine that District land is surplus and eligible for
sale.
RECOMMENDATION: Adopt Resolution declaring the one -acre parcel located in the
Town of Danville as surplus land to be sold to the Town of Danville.
FINANCIAL IMPACTS: The District will receive $600,000 from the Town of Danville for
the sale of the one -acre parcel.
ALTERNATIVES /CONSIDERATIONS: The Board has already accepted the Town of
Danville's offer of $600,000 to purchase the one -acre parcel from the District.
BACKGROUND: The District received and accepted an offer from the Town of
Danville to purchase the District's one -acre parcel located in the Town Service Center,
maintenance yard, for $600,000. The property is located within the Town Service
Center (corporation yard) with restricted access and is not necessary for the exercise of
District's power, duties, and functions, and that the sale of this surplus property is
exempt from California Environmental Quality Act Local Guideline 18.12 of CCCSD
guidelines. The agreement has been written and an escrow account has been
established. Staff anticipates the District receiving payment of $600,000 for the
property approximately June 1, 2005.
Page 1 of 6
POSITION PAPER
Board Meeting Date: May 19, 2005
subject. ADOPT RESOLUTION DECLARING ONE -ACRE PARCEL IN THE TOWN OF
DANVILLE AS SURPLUS DISTRICT LAND AND AUTHORIZE BOARD PRESIDENT
AND SECRETARY TO EXECUTE THE SALE OF THE PROPERTY TO THE TOWN
OF DANVILLE
RECOMMENDED BOARD ACTION:
Approve the attached Resolution declaring the one -acre parcel in the Town of Danville
as surplus property and authorize the Board President and Secretary to execute the
sale of the property to the Town of Danville.
Page 2 of 6
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A 4-
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RESOLUTION NO. 2005-
A RESOLUTION DECLARING
A PORTION OF THE DISTRICT LAND SURPLUS AND
APPROVING THE SALE OF SAID SURPLUS LAND
TO THE TOWN OF DANVILLE
WHEREAS, the Town of Danville has requested the Central Contra Costa
Sanitary District ( "CCCSD ") to sell a portion of CCCSD land for the purposes of
expanding the usable acreage within the existing Danville Service Center; and
WHEREAS, said parcel is located north of Camino Tassajara in the Town
of Danville, Assessor's Parcel No. 215 - 090 -034 within the Town of Danville
Corporation yard, more particularly described in Exhibit A, attached;
WHEREAS, the Board of Directors of CCCSD finds that certain real
property hereinafter described and situated within the boundaries of said District
is not necessary for the exercise of its power, duties, and functions, and that the
sale of this surplus property is exempt from California Environmental Quality Act
Local Guideline 18.12 of CCCSD guidelines; and
BE IT RESOLVED by the Board of Directors of the Central Contra Costa
Sanitary District as follows:
1. That all certain real property in situation in the County of Contra
Costa, State of California, more particularly described in Exhibit A, is not
necessary for the purposes of the District and is therefore declared surplus.
2. The procedures set forth in California Government Code Section
54221, et seq. were complied with when the Danville Corporation Yard was
developed and further compliance under the circumstances of this repurchase by
Danville is not required.
3. That the sales agreement with the Town of Danville containing the
terms and conditions of the sale is hereby approved.
4. That the property described in Exhibit A is hereby ordered sold to
the Town of Danville for the negotiated amount of $600,000.
5. That the President of the Board of Directors and the Secretary of
the District are authorized to execute the Grant Deed and any other applicable
legal documents for the sale of said property to the Town of Danville.
Page 5 of 6
RESOLUTION NO. 2005 -
Page two of two
vote:
PASSED AND ADOPTED this 19th day of May, 2005, by the following
AYES: Members:
NOES: Members:
ABSENT: Members:
President of the District Board of the
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary of the
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to Form:
Kenton L. Alm
District Counsel
Page 6 of 6
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 19, 2005
Type of Action: BUDGET REVIEW
No.: 14.a. BUDGET AND FINANCE
subject: RECEIVE THE FISCAL YEAR 2005 -2006 OPERATIONS & MAINTENANCE
BUDGET; RECEIVE THE FISCAL YEAR 2005 -2006 DEBT SERVICE FUND
BUDGET
Submitted By: Initiating Dept./Div.:
Debbie Ratcliff, Controller Administrative /Finance & Accounting
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
D. Rat1w
ISSUE: The fiscal year (FY) 2005 -2006 Operations & Maintenance (O &M) Budges and
Debt Service Fund Budget are being submitted for review at the May 19, 2005 Board
Meeting, and are scheduled for approval at the June 2, 2005 Board Meeting.
RECOMMENDATION: Review the FY 2005 -2006 O &M Budget and Debt Service Fund
Budget and provide District staff with comments and guidance leading to the approval
of the Budgets at the June 2, 2005 Board Meeting.
FINANCIAL IMPACTS: The FY 2005 -2006 O &M Budget is based on no rate increase
in the Sewer Service Charge (SSC). The total rate remains at $280 per Residential
Unit Equivalent (RUE) and is allocated as follows: $234 to the O &M Fund (O &M), $45
to the Sewer Construction Fund (Capital) and $1 to the Debt Service Fund. The O &M
budget results in an increase of $628,887 to reserves while the Capital budget results in
a decrease to reserves of $6.9 million for FY 2005 -2006.
ALTERNATIVES /CONSIDERATIONS: In April, the Board voted to defer the $8 SSC
rate increase that they approved in FY 2004 -2005 due to the financial health of the
District. The assumptions used in developing this year's budget reflect the Board's rate
decision and a reduction of $6 million in property tax. No property tax revenue is
budgeted for O &M; this revenue has been shifted to the Debt Service Fund to cover
bond principle and interest payments of $3.9 million. To help offset reductions in
revenue, staff has critically reviewed the expense side of the FY 2005 -2006 O &M
Budget and made reductions where possible.
SAADMIMPOSPAPEMBudget Review O &M 2005 -2006 5- 19- 05.DOC Page 1 of 9
POSITION PAPER
Board Meeting Date: May 19, 2005
subject. RECEIVE THE FISCAL YEAR 2005 -2006 OPERATIONS & MAINTENANCE
BUDGET; RECEIVE THE FISCAL YEAR 2005 -2006 DEBT SERVICE FUND
BUDGET
BACKGROUND: Staff has developed a ten -year financial plan for forecasting
revenues, expenses and fund balance. The model assists the Board and staff in
addressing SSC rates for future years. In April, the Board voted to defer the SSC
increase, therefore, budgeted revenues reflect no increase in the Sewer Service
Charge for FY 2005 -2006. The Sewer Service Charges for users of the District System
are attached for reference and will remain unchanged from FY 2004 -2005 (see
Attachment III). A public hearing is scheduled on June 2, 2005 to receive public
comments.
Last year, a new Debt Service Fund was created showing a separate fund for debt
service to help clarify and simplify budget presentations. Attachment I summarizes the
Debt Service Fund Budget.
The O &M portion of this position paper focuses on variances between projected FY
2004 -2005 expenses and the proposed FY 2005 -2006 budget. These variances reflect
near term savings by staff from July 2004 through December 2004, where positions
remained unfilled and other cost savings were achieved. This is reflected in the lower
projections for FY 2004 -2005. The position paper also notes any significant variances
between the budgets. Attachment II summarizes the O &M revenues, expenses, and
reserve balances for the seven FY 1999 -2000 through FY 2005 -2006 (five years of
actual expenses plus FY 2004 -2005 projected and FY 2005 -2006 proposed budget
numbers).
Revenue: The attached draft budget includes a budget assumption for SSC of $280.
The O &M allocation increases from $204 to $234 which reduces the allocation to the
Capital Program by $30 resulting in a SSC revenue increase of $4,666,500 million
compared to FY 2004 -2005. There is no property tax shown in the O &M budget as it
has been shifted to the Debt Service Fund to cover bond payments.
The following table compares Projected FY 2004 -2005 to Budget FY 2005 -2006
Revenue:
to shift from
SADMIMPOSPAPER \Budget Review O &M 2005 -2006 5- 19- 05.DOC Page 2 of 9
Projected
Budget
Increase /Decrease ( -)
2004 -2005
2005 -2006
Variance
Variance %
ver Service Charge
$ 32,298,000
36,964,500
4,666,500"
14.4 0r
V of Concord
7,045,000
7,913,000
868,000
12.3 0r
Other
2,930,800
2,940,000
9,200
0.3 0r
;al
$ 42,273,800
47,817,500
5,543,700
13.10)
to shift from
SADMIMPOSPAPER \Budget Review O &M 2005 -2006 5- 19- 05.DOC Page 2 of 9
POSITION PAPER
Board Meeting Date: May 19, 2005
subject RECEIVE THE FISCAL YEAR 2005 -2006 OPERATIONS & MAINTENANCE
BUDGET; RECEIVE THE FISCAL YEAR 2005 -2006 DEBT SERVICE FUND
BUDGET
Total District O &M revenue for FY 2004 -2005 is projected to be $42,273,800 compared
to the FY 2005 -2006 budget amount of $47,817,500. The resulting increase of
$5,543,700 or 13.1 % is mainly due to the shift of SSC revenue from the Capital
Program to the District O &M Fund.
Expense: Total District expenses are projected to be $42,879,886 in FY 2004 -2005
due to savings generated by staff as compared to a budget of $47,188,613 in FY 2005-
2006. This reflects a $4,308,727 or 10% increase in expenses. As expected, salary
and benefit costs and utilities make up the bulk of this increase.
The table below compares Projected FY 2004 -2005 to Budget FY 2005 -2006 Expense:
Salaries: District O &M salaries are projected to be $18,736,492 in FY 2004 -2005
compared to a budget of $20,086,724 in FY 2005 -2006 resulting in an increase of
$1,350,232 or 7.2 %. This increase is mainly due to the filling of several vacant
budgeted positions which were kept open the first part of FY 2004 -2005 for savings
purposes, a 2% negotiated general salary increase, and step (merit) increases for
newer or promoted employees within their salary ranges.
Page 3 of 9
S:\ADMIN \POSPAPER \Budget Review O &M 2005 - 2006 5- 19- 05.DOC
Projected
Budget
Increase /Decrease ( -)
2004 -2005
2005 -2006
Variance
Variance %
Salaries
$ 18,736,492
20,086,724
1,350,232
7.2%
Benefits less Cap O/H
9,825,769
11,480,658
1,654,889
16.8%
Chemicals
1,056,000
1,076,000
20,000
1.9%
Utilities
4,325,150
4,878,680
553,530
12.8%
Repairs & Maintenance
2,778,093
2,922,606
144,513
5.2%
Hauling & Disposal
927,060
989,560
62,500
6.7%
Professional & Legal
420,195
487,650
67,455
16.1%
Outside Services
1,802,883
2,087,400
284,517
15.8%
Self-insurance
250,000
250,000
-
0.0%
Materials & Supplies
1,488,668
1,581,805
93,137
6.3%
I Other (w /o debt)
1,269,576
1,347,530
77,954
6.1 °/
otal
$ 42,879,886
47,188,613
4,308,727
10.0 ° /
Salaries: District O &M salaries are projected to be $18,736,492 in FY 2004 -2005
compared to a budget of $20,086,724 in FY 2005 -2006 resulting in an increase of
$1,350,232 or 7.2 %. This increase is mainly due to the filling of several vacant
budgeted positions which were kept open the first part of FY 2004 -2005 for savings
purposes, a 2% negotiated general salary increase, and step (merit) increases for
newer or promoted employees within their salary ranges.
Page 3 of 9
S:\ADMIN \POSPAPER \Budget Review O &M 2005 - 2006 5- 19- 05.DOC
POSITION PAPER
Board Meeting Date: May 19, 2005
subject RECEIVE THE FISCAL YEAR 2005 -2006 OPERATIONS & MAINTENANCE
BUDGET; RECEIVE THE FISCAL YEAR 2005 -2006 DEBT SERVICE FUND
BUDGET
Benefits Less Capitalized Administrative Overhead: District O &M benefits less
capitalized administrative overhead for FY 2004 -2005 are projected to be $9,825,769
due to efforts to keep positions unfilled as a cost savings measure compared to a
budget of $11,480,658 in FY 2005 -2006. This is an increase of $1,654,889 or 16.9 %.
The major factors contributing to this increase are discussed below:
The greatest impact on benefit costs for the FY 2005 -2006 budget is the
increase in retirement rates, resulting in an increase of $1,522,629 when
comparing to FY 2004 -2005 projected expense. This is due to projected FY
2004 -2005 retirement costs being based on lower projected salaries because of
salary savings the first half of the year. The FY 2004 -2005 to FY 2005 -2006
budget -to- budget increase is $1,187,178.
Medical and Health Insurance costs are $398,461 higher when comparing FY
2004 -2005 projected actual expense to the FY 2005 -2006 budget. Healthnet
HMO /PPO rates increased by 7.5% and Kaiser rates increased by 3.4% for
regular employees. Kaiser retiree coverage decreased by 4 %, and Healthnet
retiree rates increased by 19 %. Because Kaiser covers more of our retirees, the
weighted rate increase for all retirees is only 1.2 %.
• There were no rate increases for Dental, Life or Long -Term Disability Coverage.
A 10% rate increase was estimated for Workers' Compensation; actual rates
aren't known yet.
• Capitalized Administrative Overhead, which is the District overhead charged to
Capital Projects and credited to O &M expense, is projected to be - $2,142,231 in
FY 2004 -2005 as compared to a FY 2005 -2006 budget of - $2,255,750, reflecting
a decrease of $113,519 in O &M expense. The level of capital work remains the
same; the small difference in the credit from Capital overhead is due to COLA
and merit increases.
Chemicals: Chemical usage expense is projected to be $1,056,000 in FY 2004 -2005
compared to a FY 2005 -2006 budget of $1,076,000 for an increase of $20,000 or 1.9 %.
This variance is not significant.
Page 4 of 9
S:IADMIMPOSPAPEMBudget Review O &M 2005 - 2006 5- 19- 05.DOC
POSITION PAPER
Board Meeting Date: May 19, 2005
subject: RECEIVE THE FISCAL YEAR 2005 -2006 OPERATIONS & MAINTENANCE
BUDGET; RECEIVE THE FISCAL YEAR 2005 -2006 DEBT SERVICE FUND
BUDGET
Utilities: This year's utility budget was $4,004,850 compared to a projected cost of
$4,325,150. The FY 2005 -2006 budget is $4,878,680, increasing by $553,530 or 12.8%
over the FY 2004 -2005 projected cost. Natural gas usage remains stable, but the price
of gas has increased approximately 40 percent over the past two years. As a result, the
price of landfill gas has also increased. These increases are partially offset by
decreased electrical costs as the use of the cogeneration system is increased.
The Board authorized the General Manager to pre - purchase natural gas for FY 2005-
2006 at the regular Board Meeting of December 16, 2004. Staff has purchased 70
percent of the natural gas required for FY 2005 -2006 at an aggregate burner tip price of
$7.02 per decatherm. This price is slightly below the budgeted burner tip price of $7.12
per decatherm. Staff is closely tracking the natural gas market with the intent of
purchasing the remaining gas at a favorable price.
Repairs & Maintenance: Repairs and maintenance costs are projected to be
$2,778,093 in FY 2004 -2005 compared to a budget of $2,922,606 in FY 2005 -2006, for
an unfavorable variance of $144,513 or 5.2 %. This increase is due to anticipated costs
for spare parts associated with the ultraviolet disinfection system and repair work on the
off -line furnace, an increase in the CSO program for chemical control of roots, and
increases in computer software modifications and technical support.
Hauling & Disposal: Hauling & Disposal costs are projected to be $927,060 in FY 2004-
2005 compared to $989,560 in the FY 2005 -2006 Budget resulting in an unfavorable
variance of $62,500 or 6.7 %. This increase is due to the janitorial services for the
Headquarters Office Building being bid in the near future with an expanded scope of
services.
Professional & Legal: Professional and Legal costs are projected to be $420,195
compared to a FY 2005 -2006 Budget of $487,650 for an unfavorable variance of
$67,455, or 16.1 %. This increase is due to legal work related to District code revisions
and increased purchasing related legal fees for review, update and standardization of
contracts and agreements.
S:WDMIMPOSPAPEMBudget Review O &M 2005 -2006 5- 19- 05.DOC Page 5 Of 9
POSITION PAPER
Board Meeting Date: May 19, 2005
Subject. RECEIVE THE FISCAL YEAR 2005 -2006 OPERATIONS & MAINTENANCE
BUDGET; RECEIVE THE FISCAL YEAR 2005 -2006 DEBT SERVICE FUND
BUDGET
Outside Services: This year's Outside Services Budget was $2,050,080 compared to a
projected cost of $1,802,883. The FY 2005 -2006 Budget is $2,087,400, increasing by
$284,517 or 15.8% from this year's projection. This increase is primarily due to
anticipated consulting contracts and studies associated with the NPDES permit renewal
and testing one of the multiple -hearth furnaces for renewal of our Title V air permit.
Materials & Supplies: Materials & Supplies are projected to cost $1,488,668 compared
to a FY 2005 -2006 budget of $1,581,805 for an increase of $93,137 or 6.3 %. This
increase is due to having to buy ultraviolet disinfection system lamps in FY 2005 -2006,
as well as the rising cost of vehicle fuel and lubricating oils.
All Other: All other expenses combined increased by $77,954 from projected FY 2004-
2005 to the FY 2005 -2006 budget. This increase is a 6% increase which is not
significant.
Any revisions to the FY 2005 -2006 O &M Budget determined at the May 19, 2005 Board
meeting will be incorporated in the Budget submitted for approval at the June 2, 2005
Board Meeting, at which the following actions are scheduled:
Conduct a public hearing to receive comment on the FY 2005 -2006 O &M
Budget, Self- Insurance Fund Budget and Debt Service Fund Budget.
Conduct a public hearing for the collection of the FY 2005 -2006 Sewer Service
Charge and prior year delinquent charges on the County Tax Rolls.
Approve the FY 2005 -2006 O &M Budget, Self- Insurance Fund Budget, and Debt
Service Fund Budget.
RECOMMENDED BOARD ACTION: Review the FY 2005 -2006 O &M Budget and Debt
Service Fund Budget and provide District staff with comments and guidance leading to
the approval of the Budgets at the June 2, 2005 Board Meeting.
Page 6 of 9
SAADMIMPOSPAPEMBudget Review O &M 2005 -2006 5- 19- 05.DOC
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ATTACHMENT III
CCCSD SEWER SERVICE CHARGE BY USER
User Group
Fiscal Year
2005-2006
Residential
$280.00
Rate per living unit: Single Family Dwellings, Mobile
Home, Townhouses, Condominium Units, Multi - Family
Units
Commercial / Non - Industrial
$7.16
(Rates per Hundred Cubic Feet)
Bakeries
Supermarkets w /garbage disposals
$5.41
Mortuaries
$5.10
Restaurants
$5.30
Others
$2.60
Minimum Annual Charge
$292.00
Industrial
$1,428.00
Flow per million gallons
Biochemical Oxygen (demand per1,000 lbs.)
$596.00
Suspended Solids per 1,000 lbs.
$425.00
Demand per million gallons per day
$171,612.00
Minimum Annual Charge
$292.00
Special Discharge Permits & Contractual Agreements
Determined Individually
Institutional
$2.60
Churches
Schools
$2.60
Fraternal & Service Organizations
$2.60
Local & State Institutions
$2.60
Other Tax Exempt (Except Federal)
$2.60
Federal Institutions
$2.60
Utilities with Special Tax Status
$2.60
Independent Living Facilities, Rest Homes, &
Convalescent Hospitals
$2.60
Minimum Annual Charge
$292.00
Page 9 of 9
SAADMIMPOSPAPERMC Attachment PP Budget Review 05- 19- 05.doc