HomeMy WebLinkAbout01/11/2007 AGENDA BACKUPRESOLUTION NO. 2007 -001
RESOLUTION COMMENDING MARIO M. MENESINI
FOR HIS SERVICE AS PRESIDENT OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
BOARD OF DIRECTORS
WHEREAS, Mario M. Menesini was appointed to serve as President of the Board of
Directors of the Central Contra Costa Sanitary District for 2006; and
WHEREAS, under the able leadership of President Menesini, the District accomplished
significant goals and objectives, promoting the mission, vision and values of the District
to be a high performance organization that provides exceptional customer service and
full regulatory compliance at responsible rates; and
WHEREAS, President Menesini also served on the Board Outreach Committee,
Personnel Committee and Ad Hoc Collection System Operations Committee, providing
oversight and review of the District's outreach and public relations, hiring practices and
development of preliminary plans for a new Collection System Operations facility; and
WHEREAS, President Menesini served as the District representative at meetings of the
California Special Districts Association, Contra Costa Chapter, and at Friends of San
Francisco Estuary, as well as acting as District liaison with the Cities of Martinez and
Pleasant Hill and Contra Costa County; and
WHEREAS, during his term of office, the District had its ninth consecutive year of 100
percent compliance with water quality requirements; and
WHEREAS, the sewer system overflows were reduced from 168 in 2001 to 73 in 2006
due to increased cleaning, repair and rehabilitation of the collection system; and
WHEREAS, under President Menesini's leadership, the Board made a landmark
decision to sewer the Alhambra Valley and began construction of a trunk sewer,
improving the Alhambra Creek watershed for future generations; and
WHEREAS, the capacity of the ultra violet disinfection system was increased to treat
more flow with more efficiency, thereby reducing the possibility of discharging partially
treated wastewater; and
WHEREAS, also during 2006, the District initiated a mandatory amalgam separator
program for all dentists in the service area, reducing the discharge of mercury to our
plant by dental offices; and
WHEREAS, significant progress was made in replacing and upgrading the plant
computer control system to ensure continued reliability in monitoring and control of the
wastewater treatment facility; and
WHEREAS, the District continued its aggressive sewer renovation project with large,
multi -phase projects in Danville, Orinda, Pleasant Hill and Walnut Creek for small sewer
renovation and an approximately $5 million project to line larger sewers throughout the
District using the innovative cured -in -place pipe technology; and
WHEREAS, the District also continued its effective partnerships with other public
agencies through such efforts as the inspection services provided to the County Clean
Water Program, the leasing of the alum ponds to the Contra Costa Water District, the
initiation of pretreatment and pollution prevention services to the Mountain View
Sanitary District, and many other project partnerships.
NOW, THEREFORE, BE IT RESOLVED that President Mario Menesini is hereby
commended for his distinguished service and leadership to the Central Contra Costa
Sanitary District during his year of office, resulting in the continued success of this high -
performance, fiscally - responsible organization that protects the public health and
environment every day.
PASSED AND ADOPTED this 11th day of January 2007.
James A. Nejedly
President of the Board of Directors
Barbara D. Hockett
Gerald R. Lucey
Michael R. McGill
COUNTERSIGNED:
Elaine R. Boehme
Secretary of the District
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 11, 2006 No.: 4.a. CONSENT CALENDAR
Type of Action: ACCEPT CONTRACT WORK
subject: ACCEPT THE CONTRACT WORK FOR THE CHEMICAL FEED BUILDING
RENOVATION, DISTRICT PROJECT 7226, AND AUTHORIZE THE FILING OF THE
NOTICE OF COMPLETION
Submitted By: Initiating Dept. /Div,:
Nathan Hodges, Assistant Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
A) 81� _W_
N. Hodges B. Than ecki A. Farrell ames M. Kelly,
aeneral Manager
ISSUE: Construction has been completed on the Chemical Feed Building Renovation,
District Project 7226, and the work is now ready for acceptance.
RECOMMENDATION: Accept the contract work for the Chemical Feed Building
Renovation, District Project 7226, and authorize the filing of the Notice of Completion.
FINANCIAL IMPACTS: None related to this action.
ALTERNATIVES /CONSIDERATIONS: Not Applicable. Filing the Notice of Completion
is advisable under the California Civil Code, Section 3090.
BACKGROUND: The Chemical Feed Building was constructed as part of the
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 continued 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 channel was built as part of the original
headworks facilities (circa 1950) and has been subjected to a highly corrosive
environment.
This project replaced two (2) sluice gates at the south end of the diversion channel,
restored and upgraded the structural stability of the building to meet current building
code standards, removed all abandoned or out -of- service equipment and
piping /conduits, applied protective coating of all interior structural steel, and filled -in and
coated the diversion channel with a corrosion and erosion resistant material. Other
items completed as part of this project include installation of a roof on Substation 73
and capping a concrete vault on the South Mixed Liquor channel.
NAPESUP \Position Papers \Hodges \7226 Acceptance.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: January 11, 2007
Subject: ACCEPT THE CONTRACT WORK FOR THE CHEMICAL FEED BUILDING
RENOVATION, DISTRICT PROJECT 7226, AND AUTHORIZE THE FILING OF THE
NOTICE OF COMPLETION
On June 1, 2006, the Board of Directors authorized the award of a contract for the
construction of the project to Kaweah Construction Company. The Notice to Proceed
was issued for June 26, 2006. The work was completed on November 22, 2006. The
remaining items of work consist of minor punch -list items, which do not affect the
project acceptance.
The total authorized budget for the project is $1,975,000. The budget includes the cost
of engineering design, construction management and inspection, testing services, and
contractor services. An accounting of the project costs will be provided to the Board at
the time of project closeout. It is appropriate to accept the contract work at this time.
RECOMMENDED BOARD ACTION: Accept the contract work for the Chemical Feed
Building Renovation, District Project 7226, and authorize the filing of the Notice of
Completion.
N:\PESUP \Position Papers \Hodges \7226 Acceptance.doc Page 2 of 2
' Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 11, 2007 No.: 4. b. CONSENT CALENDAR
Type of Action: APPROVE PROJECT
subject: APPROVE THE WALNUT CREEK SEWER RENOVATIONS, PHASE 5,
DISTRICT PROJECT 5964, FOR CEQA/PERMITTING PURPOSES
Submitted By: Initiating Dept. /Div.:
Paul Seitz, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
R-10'r A - 04h,-h �k a�2-- 4A&
P. Seitz A. Antkowiak T. i ecki A. Farrell Jaes M. Kelly
Genemral Manager
ISSUE: Board of Directors' approval of the Walnut Creek Sewer Renovations, Phase 5,
District Project 5964, is required prior to the filing of a Notice of Exemption under the
District's California Environmental Quality Act (CEQA) Guidelines.
RECOMMENDATION: Approve the Walnut Creek Sewer Renovations, Phase 5,
DP 5964.
FINANCIAL IMPACTS: The total project cost is anticipated to be $1,760,000; however,
this position paper only approves the project for CEQA/Permitting and does not award a
construction contract.
ALTERNATIVES /CONSIDERATIONS: The Board of Directors may delay or decline to
approve the project. If these renovations are not constructed, the condition of these
sewers will continue to decline and may result in multiple maintenance issues.
BACKGROUND: The Walnut Creek Sewer Renovations, Phase 5, will rehabilitate
approximately 8,000 feet of 6- and 8 -inch sewer pipe at ten different sites. One specific
site, the Civic Street Bridge Sewer Replacement, will require a Fish and Game Permit
due to working above Walnut Creek. The sewer crossing at the Civic Park Bridge was
damaged during a storm that was declared a federal and state disaster event. Disaster
relief funds are available for a portion of the costs to repair facilities damaged during the
storm. The District applied for and has received funding approval for $36,520 of the
estimated $75,000 cost to repair the damaged sewer.
Approval of a project and direction to file a Notice of Exemption is normally considered by
the Board at the time of award of a construction contract. New permitting requirements
from agencies, such as Fish and Game, BART, and Caltrans, require that completed
CEQA documentation be submitted with the permit application. Since this permit
NAPESUMCbradley \Position Papers \Seitz \DP5964 -Civic St Bridge CEQA PP.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: January 11, 2007
subject: APPROVE THE WALNUT CREEK SEWER RENOVATIONS, PHASE 5,
DISTRICT PROJECT 5964, FOR CEQA/PERMITTING PURPOSES
application process can be time - consuming, Board approval of the project and direction
to file a Notice of Exemption are needed at this time.
The improvements to the Walnut Creek Sewer Renovations, Phase 5, are included in the
fiscal year 2006 -2007 Capital Improvement Budget (CIB) on pages CS -30 and CS -31.
Staff has conducted a cash -flow analysis of the Collection System Program budget and
concluded that adequate funds are available for this project.
Staff has concluded that this project is exempt from the California Environmental Quality
Act under District CEQA Guidelines Section 15302 since it involves replacement
of existing facilities at the same location and with substantially the same purpose and
level of activity as the facility being replaced. Approval of this project will establish the
Board of Directors' independent finding that this project is exempt from CEQA.
RECOMMENDED BOARD ACTION: Approve the Walnut Creek Sewer Renovations,
Phase 5, DP 5964, and direct staff to file a Notice of Exemption with the Contra Costa
County Clerk.
NAPESUP\Cbradley \Position Papers \Seitz \DP5964 -Civic St Bridge CEQA PP.doc Page 2 of 2
Y, b,
January 8, 2007
District Project #5642
.fin �x
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Hidden Lakes Park South Pedestrian -Pipe Bridge
Hidden Lakes Park North Pedestrian -Pipe Bridge
(South Bridge in background)
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Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 11, 2007 No.: 4.C. CONSENT CALENDAR
Type of Action: ESTABLISH PUBLIC HEARING DATE
subject: ESTABLISH FEBRUARY 15, 2007 AS THE DATE FOR A PUBLIC HEARING
TO RECEIVE COMMENTS ON THE PROPOSED MODIFICATIONS TO TITLE 10
OF THE DISTRICT CODE
Submitted By: Initiating Dept /Div.:
Tim Potter, Source Control Program Engineering /Environmental Services Division
Superintendent
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
rkq4i- 0 -
V & Y, 4-
T. o r A. Farrell Im James M. Kelly
General Manager
ISSUE: The Board must conduct a public hearing in order to adopt modifications to
Title 10 of the District Code (Source Control Ordinance) that required under the federal
Pretreatment Regulations in 40 Code of Federal Regulations (CFR) Part 403.
RECOMMENDATION: Establish February 15, 2007 as the date for a public hearing to
receive comments on the proposed modifications to Title 10 of the District Code (Source
Control Ordinance) .
FINANCIAL IMPACTS: The District will not incur any direct expenses for implementing
the modifications to the Source Control Ordinance. Indirect costs will be incurred as the
conditions of the ordinance are applied to businesses.
ALTERNATIVES /CONSIDERATIONS: Establishment and implementation of the
Source Control Ordinance is mandated under federal Pretreatment Regulations. The
alternative to this action is to not implement the proposed modifications to Title 10 of the
District Code and continue to operate under the current provisions of Title 10. The
Board may select a different date for the public hearing.
BACKGROUND: The legal authority established in the Source Control Ordinance is
required to be established under the federal pretreatment regulations contained in 40
CFR Part 403. Several developments prompt the District to revise the Source Control
Ordinance: adoption of the Pretreatment Streamlining Rule by the USEPA, statewide
standards for controlling Fats, Oils and Grease (FOG) wastes as part of the Sanitary
Sewer Management Plan (SSMP) programs, and option to increase standards to
ensure the District's operations are protected from the disposal of process wastewater
to the sanitary sewer system.
In December, the District's Source Control Section hosted one workshop for businesses
currently operating under an Industrial User (IU) permit and two workshops for
N: \ENVRSEC \Position Papers \Potter\2007 \Set Public Hearing for Title 10 Mods 1- 11- 07.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: January 11, 2007
subject. ESTABLISH FEBRUARY 15, 2007 AS THE DATE FOR A PUBLIC HEARING
TO RECEIVE COMMENTS ON THE PROPOSED MODIFICATIONS TO TITLE 10
OF THE DISTRICT CODE
businesses not currently permitted. Participation was light for each of these workshops
but the feedback received from the representatives was positive. Two more workshops
for permitted businesses on January 8, 2007 in Martinez and two for unpermitted
business on January 9, 2007 in Walnut Creek will occur.
RECOMMENDED BOARD ACTION: Establish February 15, 2007 as the date for a
public hearing to receive comments on the proposed modifications to Title 10 of the
District Code (Source Control Ordinance) .
N: \ENVRSEC \Position Papers \Potter\2007 \Set Public Hearing for Title 10 Mods 1- 11- 07.doc Page 2 of 2
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 11, 2007 No.: 4.d. CONSENT CALENDAR
Type of Action: ESTABLISH PUBLIC HEARING DATE
Subject: ESTABLISH FEBRUARY 15, 2007 AS THE DATE FOR A PUBLIC HEARING
TO RECEIVE COMMENTS ON PROPOSED MODIFICATIONS TO DISTRICT
LOCAL DISCHARGE LIMITS
Submitted By: Initiating Dept. /Div.:
Tim Potter, Source Control Program Engineering /Environmental Services Division
Superintendent
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
Miqrvl- ow-- T. er A. Farrell �� PtAfm
V James M. Kelly
General Manager
ISSUE: The Board must conduct a public hearing to consider a resolution to adopt
modifications to the Local Discharge Limits required under the federal Pretreatment
Regulations in 40 Code of Federal Regulations (CFR) Part 403.
RECOMMENDATION: Establish February 15, 2007 as the date for a public hearing to
receive comments on the proposed modifications to the Local Discharge Limits used to
protect the District's operations.
FINANCIAL IMPACTS: The District will not incur any direct expenses for implementing
the modified local limits. Indirect costs will be incurred as more businesses are issued
Industrial User Permits under the proposed tiered limits for copper, lead, mercury, and
cyanide.
ALTERNATIVES /CONSIDERATIONS: Establishment and implementation of Local
Discharge Limits is mandated under federal Pretreatment Regulations according to the
guidelines and models established by the US Environmental Protection Agency (EPA).
The alternative to this action is to discontinue with adopting the proposed modifications
and attempt to develop different Local Discharge Limits that can be approved by the US
EPA and the SF Bay Regional Water Quality Control Board(RWQCB). The Board may
select a different date for the public hearing.
BACKGROUND: Local Discharge Limits are required to be established under the
federal pretreatment regulations contained in 40 CFR Part 403. As part of the NPDES
Permit renewal process, the District is required to conduct a Technical Review of the
Local Discharge Limits considering changes to the treatment plant operations, permit
conditions or changes in the composition of the businesses discharging to the District's
system. The District completed the Technical Review of the Local Discharge Limits for
the current NPDES Permit that was effective on July 1, 2001 and determined that
several of the District's Local Discharge Limits warranted formal evaluation and possible
N: \ENVRSEC \Position Papers \Potter\2007 \Set Public Hearing for Local Limits 1- 11- 07.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: January 11, 2007
Subject: ESTABLISH FEBRUARY 15, 2007 AS THE DATE FOR A PUBLIC HEARING
TO RECEIVE COMMENTS ON PROPOSED MODIFICATIONS TO DISTRICT
LOCAL DISCHARGE LIMITS
modification. The District submitted a Local Limits Evaluation report to the RWQCB in
December, 2004 using the procedures and models set by the US EPA for calculating
Local Discharge Limits. In September, 2006, the RWQCB responded to the December
2004 report requesting that more data and information be provided. The District
provided the additional information and data to which the RWQCB determined the
packet was complete.
In December, the District's Source Control Section hosted one workshop for businesses
currently operating under an Industrial User (IU) permit and two workshops for
businesses not currently permitted. Participation was light for each of these workshops
but the feedback received from the representatives was positive. Two more workshops
for permitted businesses on January 8, 2007 in Martinez and two for unpermitted
business on January 9, 2007 in Walnut Creek will occur.
RECOMMENDED BOARD ACTION: Establish February 15, 2007 as the date for a
public hearing to receive comments on the proposed modifications to the Local
Discharge Limits used to protect the District's operations.
N: \ENVRSEC \Position Papers \Potter\2007 \Set Public Hearing for Local Limits 1- 11- 07.doc Page 2 of 2
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 11, 2007 No.: 4.e. CONSENT CALENDAR
Type of Action: HUMAN RESOURCES
Subject: AUTHORIZE MEDICAL LEAVE OF ABSENCE WITHOUT PAY FOR STEVE
CAVIN, HOUSEHOLD HAZARDOUS WASTE TECHNICIAN II, THROUGH
MARCH 1, 2007
Submitted By: Initiating Dept ✓Div.:
Curtis W. Swanson, Division Manager Engineering /Environmental Services Division
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
C�4 - *�r
C. Swanson A. Tarrell
James M. Kelly
General Manager
ISSUE: The Board of Directors' authorization is required for leave without pay in
excess of 30 days.
RECOMMENDATION: Authorize medical leave of absence without pay for Steve
Cavin, Household Hazardous Waste Technician II.
FINANCIAL IMPACTS: Minimal.
ALTERNATIVES /CONSIDERATIONS: Not approve the medical leave of absence
without pay.
BACKGROUND: Steve Cavin, Household Hazardous Waste Technician II, was
granted an extended leave of absence without pay through November 30, 2006 due to
an on -going medical condition. Staff recommends a continuation of his leave of
absence through March 1, 2007, while we work to resolve outstanding medical issues
with Mr. Cavin. Since this request exceeds the 30 working days that the Department
Director and General Manager may approve, Board of Directors authorization is
required.
RECOMMENDED BOARD ACTION: Authorize medical leave of absence without pay
for Steve Cavin, Household Hazardous Waste Technician II, through March 1, 2007.
NAENVRSEMPosition Papers \Swanson\2007 \Cavin LOA 01 -1 1--07.DOC
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 11, 2007 No.: 4.f. CONSENT CALENDAR
Type of Action: DENIAL OF CLAIM
Subject: REJECT CLAIM FOR PLUMBING BILL REIMBURSEMENT OF ROBERT
TAINES
Submitted By: Randall M. Musgraves Initiating Dept. /Div.: Administration
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
�k'- PM e 1A
T7PdSg Musgraves 11K. Alm
James M. Kelly,
General Manager
ISSUE: The District received a reimbursement request for a plumbing bill for a property
at 3185 Walnut Boulevard, Walnut Creek. The Board must take action on this request.
RECOMMENDATION: Reject Mr. Robert Taines' claim for plumbing bill
reimbursement.
FINANCIAL IMPACTS: If the Board elects to deny the claim then there is no financial
impact to the District.
ALTERNATIVES /CONSIDERATIONS: The Board could choose to pay the claim for
$125.75.
BACKGROUND: On November 11, 2006 Collection System Operations staff received
a User Feedback Survey response from Mr. Robert Taines requesting reimbursement
for a sewer backup that had occurred on October 23, 2006. Mr. Taines resides at 3185
Walnut Boulevard, Walnut Creek. Staff researched the claim and found that staff was
working on the line prior to Mr. Taines' backup, however, only rodding equipment was
used. Rodding equipment is not under pressure. The District's mainline was clear and
no other back ups were reported regarding the District's sewer lines. The information
reviewed by staff verified that the homeowner had a problem with his lateral.
Collection System Operations staff explained their findings to Mr. Taines who rejected
their explanation and evidence and sent the request to the District with the survey.
Staff is requesting the Board reject Mr. Taines' request. Mr. Taines was notified by
letter dated December 15, 2006 that his request was being sent to the Board of
Directors at the January 11, 2007 meeting and that staff was recommending denial.
RECOMMENDED BOARD ACTION: Reject Mr. Robert Taines' claim for plumbing bill
reimbursement.
N:\ ADMINSUP\ADMIN \DIST- SEC\Agendas \Claim Denial PP - Taines.doc
District
FAX: (925) 676 -7211
CHARLES W. AwM
L ALA/
C
Jb► At Drrdrat
(510) be8 -J000
December 15, 2006 EUNsA: eoems
Y ** orate
Mr. Robert Taines
3185 Walnut Blvd.
Walnut Creek, CA 94596
Dear Mr. Taines:
PLUMBING BILL REIMBURSEMENT REQUEST
Thank you for responding to our customer satisfaction survey. Along with the survey you
provided information regarding a plugged sewer line and a request for reimbursement for
$125.75. 1 contacted our Collection System Operations (CSO) staff to ascertain if the
District had any responsibility for your back up. I found that while there was a crew
servicing the main line they did so with rodding equipment only. This type of equipment is
not pressurized. Furthermore, the District main line was never plugged or slowed. The
District has determined that the cause was due to your lateral for which the District has no
responsibility for.
I will be presenting your claim at the January 11, 2007 Board of Directors meeting and
requesting them to deny your claim. If there is any additional Information you have that I
should consider, please feel free to submit it to me as soon as possible, prior to the Board
meeting.
If you would like to contact me before the Board meeting, I can be reached at the following
telephone (925) 229 -7305. Thank you for your attention to this matter.
Sincerely,
--�' A "-
Randall M. Musgraves
Director of Administration
RMM:rb
�� Recycled Paper
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 11, 2007 No.: 4,g, CONSENT CALENDAR
Type of Action: REJECT CLAIM
subject: REJECT CLAIM FOR DAMAGES BY LORRAINE KAUFMAN REGARDING
PROPERTY LOCATED AT 25 DIAS DORADOS, ORINDA, CALIFORNIA
Submitted By: Randall M. Musgraves Initiating Dept. /Div.: Administration
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
Z� V 14-
R. Musgraves, Im
James M. Kelly,
General Manager
ISSUE: The District received a claim for alleged damages due to land subsidence to
the property located at 25 Dias Dorados, Orinda, California. The Board must take
action on the claim.
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 negotiate a
settlement with the claimant.
BACKGROUND: The District received a claim on December 1, 2006 for alleged
damages due to land subsidence to the property of Ms. Lorraine Kaufman for $500,000
and indemnity for other claimed damages. The claim states that in early March 2006, a
landslide began on 21 Dias Dorados and spread to the real properties at 25 Dias
Dorados and 428 Minor Road, Orinda, California. The claim suggests that a District
sewer in the area may have been responsible for the land subsidence.
Staff reviewed this claim with the Board at the December 14, 2006 meeting.
RECOMMENDED BOARD ACTION:
Deny the claim submitted by Mr. Lawrence Baker, representing Ms. Lorraine Kaufman,
and direct staff to send a rejection letter to the claimant and attorney.
N:\ ADMINSUP\ADMIN \DIST- SEC\Agendas \Claim Denial PP - Kaufman.doc
LAW orrices
SCOTT BURESH Buresh, Kaplan, Jang & Feller
ANN S. KAPLAN
ALAN J. LANG
FRED M. FELLER 2298 DURANT AVENUE
PEGGY CHANG BERKELEY, CALIFORNIA 94704
JOSEPH G. ASTLEFORD
TELEPHONE (510) 548 -7474 - rACSIMILE (510) 5413-7488
WRrMIVS DIRECT EMAIL: LBAKER(&BKJr.Co
November 30, 2006
Elaine R. Boehme
Secretary of the District
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
Re: Claim of Lorraine Kaufman
Dear Ms. Boehme:
DEC 0 12006
CCCSD
SECA �ISTF T
LAWRENCE A. BAKER
I represent Lorraine Kaufinan, who owns the real property located at 25 Dias Dorados,
Orinda, California. Enclosed please find a claim on behalf of Ms. Kaufman against the Central
Contra Costa Sanitary District for damages arising out of a landslide which occurred in 3/06.
I would appreciate it if you would return to me a copy of this claim indicating that it was
received by your Office. I would appreciate hearing Central Contra Costa Sanitary District's
response to this ClaimVithin forty-five days.
Very truly yours,
B H, KAPLAN JANG & FELLER 0 Vl
LAWRENCE A. BAKER
LAB:mbp
Enclosure
cc: Alan M. Mayer, Esq. (via fax) (w /encl.)
Daniel G. McGuire, Esq. (via fax) (w /encl.)
Lawrence D. Goldberg, Esq. (via fax) (w /encl.)
' CENTRAL CONTRA COSTA SANITARY DISTRICT
CLAIM FORM Ri ECEOVE®
DEC 0 12006
(Government Code §§ 910, 910.2, 910.4)
CLAIMANT'S NAME: Lorraine Kaufman 8METARY E EXWF T
CLAIMANT'S ADDRESS: 1375 Re 1 ie z Valley Road
Orinda�' -sad
94549 -2641
Zip
Phone: (Home) (9 2 5) 935-3589 (Work):
NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING THIS CLAIM
SHOULD BE SENT (if diftront than above) -
Lawrence A. Baker, Esq., Buresh, Kaplan, Jang & Feller,
2298 Durant Avenue, Berkeley, CA 94704 (510) 548 -7474
DATE OF THE OCCURRENCE, TRANSACTION,
OR ACCIDENT GIVING RISE TO CLAIM: Early 3/0 6
DATE OF DISCOVERY OF OCCURRENCE, CONDITION OR TRANSACTION, IF
DIFFERENT THAN DATE SET FORTH IN SECTION 1: (Please indicate earliest date of
discovery of occurrence, condition or transaction, which gives rise to claim. Indicate
how discovered.)
PLACE OF OCCURRENCE, ACCIDENT OR TRANSACTION:
21 Dias Dorados /25 Dias Dorados /428 Minor Road, Orinda. CA
GENERAL DESCRIPTION OF THE OCCURRENCE, ACCIDENT OR TRANSACTION
GMNG RISE TO THE CLAIM (attach additional pages N morn space nnesdpd):
In early 3/06, a landslide began on 21 Dias Dorados, Orinda, Ca 1 ornia and spread to the
real lide
on information and belief was caused at least in part by a defective /deteriorated/
urnnain sewage line the Central Contra Costa Sanitary District.
GENERAL DESCRIPTION OF THE OBLIGATION, LOSS, INJURY OR DAMAGE
SUFFERED:
Major damage to the real Property located at 25 Dias Dorados, Orinda, California.
Claimant also seeks indemnity from the District for damages claimed by the owners of
21 Dias Dorados and 428 Minor Read, Orinda, California.
PROVIDE NAMES, IF KNOWN, OF ANY PUBLIC EMPLOYEES CAUSING THE INJURY
OR LOSS:
TOTAL AMOUNT CLAIMED:
_ $ 500,000.00+ and
THE BASIS OF COMPUTING THE TOTAL AMOUNT tLIUMED IS AS FOLLOWS amages
Loss, obligation, or damages Incurred to dab:
Expenses (e.g. medicallhospital cars, repairs to property,
etc.): $ not yet ascertained
Loss of earnings (1.e due to District actions): S
Other damages (Please describe type and amount of other
damages.) $
Total to dab: A rat yet ascertained
Estimated future losses, obligations or as far as known:
Future expenses (e.g. medical/hospital care, repairs to
property, etc)
9
Other damages (Please describe type and amount of other
damages.) $ not yet ascertained
SIGNATURE OF CLAIMANT OR SIGNATURE OF REPRESENTATIVE OF CLAIMANT
Claimant or Q .
Representative of Claimant
11/30/06
Dab
Send this claim to the following:
Central Contra Costa Sanitary District
Ms. Elaine R. Boehme
Secretary of the District
6019 Imhoff Place
Martinez, CA 94553
Lawrence A. Baker, Esq.
Print or typo full name
Attorney for Lorraine Kaufman
Representative capacity
(attomey, guardian, etc.)
S&RM 04/05
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 11, 2007 No.: 4.h. CONSENT CALENDAR
Type of Action: AUTHORIZE CONSULTANT SERVICES AGREEMENT REVISION
subject: APPROVE INCREASE IN COST CEILING OF PROFESSIONAL
ENGINEERING CONSULTING SERVICE AGREEMENT WITH
WHITLEY - BURCHETT AND ASSOCIATES FOR THE DESIGN OF THE LOWER
ORINDA PUMPING STATION UPGRADES - PHASE 2, DISTRICT PROJECT 5944
Submitted By: Initiating Dept. /Div.:
Sasha Mestetsky, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
A. AJ". ,k
S. Mest ky A. Antkowiak . ecki A. Farr James Kelly
eneraI Manager
ISSUE: Board of Directors' approval is required for increases to the cost ceiling of
agreements in amounts greater than staff authority.
RECOMMENDATION: Authorize the General Manager to execute an amendment to
the existing agreement (Agreement 031787) with Whitley - Burchett and Associates to
increase the cost ceiling by $30,000 to a total of $90,000 for providing design services
for the Lower Orinda Pumping Station Upgrades - Phase 2, District Project 5944.
FINANCIAL IMPACTS: The estimated design cost for this project, including District
staff, is $120,000. A detailed estimate of the construction cost will be completed after
the project is designed. The total project cost is expected to be approximately
$450,000.
ALTERNATIVES /CONSIDERATIONS: An alternative would be to finish design of the
project in- house. However, this project requires specialized expertise.
BACKGROUND: The original design of the Lower Orinda Pumping Station Renovation
Project was completed in 2003. In 2004, the District experienced an overflow at the
San Ramon Pumping Station. In response to this overflow, the District prepared an
emergency plan and liability study. Based on the results of this study, the District
identified additional improvements to the Lower Orinda Pumping Station. These
additional improvements were not included in the Lower Orinda Pumping Station
Improvements Project constructed in 2004 and 2005.
These additional improvements included such items as electrical bypass for the 250 -hp
variable frequency drives for the wet - weather pumps, isolation gates for the new
grinders, a building security system, emergency lighting, and other miscellaneous items.
WPESUP\Cbradley \Position Papers \Mestetsky \5944 - Lower Orinda Ph 2 Add Funds_1.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: January 11, 2007
subject: APPROVE INCREASE IN COST CEILING OF PROFESSIONAL
ENGINEERING CONSULTING SERVICE AGREEMENT WITH
WHITLEY - BURCHETT AND ASSOCIATES FOR THE DESIGN OF THE LOWER
ORINDA PUMPING STATION UPGRADES - PHASE 2, DISTRICT PROJECT 5944
On May 18, 2006, the Board authorized an agreement with Whitley- Burchet and
Associates that provided $60,000 for design of the additional upgrades /improvements
to the Lower Orinda Pumping Station. During the design of these improvements staff
identified other items that would enhance the station's reliability and maintainability.
The additional items include installation of a fuel day tank, addition of grinder gate
alarms, addition of expanded fire alarm, tying in the new improvements into the existing
SCADA system, and other miscellaneous items. This amendment will allow completion
of the design and bidding of the project. After bidding, the project staff will return to the
Board for authorization of the construction contract.
At its September 2, 1999 meeting, the District Board of Directors approved a Mitigated
Negative Declaration for the Lower Orinda Pumping Station Renovation Project.
Subsequently, a Notice of Determination was filed in compliance with the California
Environmental Quality Act (CEQA). The improvements proposed in this design change
are similar to those evaluated in the 1999 Mitigated Negative Declaration. No new
environmental impacts would be generated and no new mitigation measures would be
warranted.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute an
amendment to the existing agreement (Agreement 031787) with Whitley - Burcheft and
Associates to increase the cost ceiling by $30,000 to a total of $90,000 for providing
design services for the Lower Orinda Pumping Station Upgrades - Phase 2, District
Project 5944.
WPESUMbradley \Position Papers \Mestetsky \5944 - Lower Orinda Ph 2 Add Funds_l .doc Page 2 of 2
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 11, 2007 No.: 6.a. BIDS AND AWARDS
Type of Action: DECLARE BID NON RESPONSIVE /AWARD CONSTRUCTION
CONTRACT /AUTHORIZE EXECUTION OF CONTRACT DOCUMENTS
Subject: DECLARE BID SUBMITTED BY AIR PERFECTION, INC. NON
RESPONSIVE; AWARD A CONSTRUCTION CONTRACT TO MONTEREY
MECHANICAL COMPANY; AUTHORIZE THE GENERAL MANAGER TO EXECUTE
CONTRACT DOCUMENTS; AND AUTHORIZE A PROFESSIONAL ENGINEERING
SERVICES AGREEMENT FOR THE CONSTRUCTION OF THE SERVICE AIR
SYSTEM IMPROVEMENTS, DISTRICT PROJECT 7210
Submitted By: Initiating Dept./Div.:
Nathan Hodges, Assistant Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
my- I
N. Hodges B. Tha . i ecki A. Farrell James M. Kelly,
General Manager
ISSUE: On December 19, 2006, four sealed bids were received and opened for the
construction of the Service Air System Improvements, District Project 7210. The Board
of Directors must award the contract or reject bids within 50 days of the bid opening.
RECOMMENDATION: Declare the bid submitted by Air Perfection, Inc. non
responsive; award a construction contract to Monterey Mechanical Company; authorize
the General Manager to execute the Contract Documents; and authorize the General
Manager to execute an amendment to the Professional Engineering Services
Agreement with ATI Architects and Engineers (ATI).
FINANCIAL IMPACTS: Approximately $2,264,000, including design, bid price,
contingency, and construction management.
ALTERNATIVES /CONSIDERATIONS: Reject all bids, which is not recommended.
BACKGROUND: Service air is used throughout the treatment plant for process level
control, equipment operation, and maintenance activities. It is a critical utility system
that has limited redundancy and without which the treatment plant cannot reliably
operate.
In the mid- 1980s, two Atlas Copco air compressors were installed in the Pump and
Blower building, replacing the high maintenance, unreliable equipment installed under
the treatment plant expansion. The Atlas Copco equipment has proven reliable,
requiring only routine maintenance. Normal operation utilizes one compressor on -line
and the second compressor as standby. The treatment plant has experienced
increases in service air usage resulting in the occasional need to run both compressors
N: \PESUP \Position Papers \Hodges \7210 Award.doc Page 1 of 6
POSITION PAPER
Board Meeting Date: January 11, 2007
Subject DECLARE BID SUBMITTED BY AIR PERFECTION, INC. NON
RESPONSIVE; AWARD A CONSTRUCTION CONTRACT TO MONTEREY
MECHANICAL COMPANY; AUTHORIZE THE GENERAL MANAGER TO EXECUTE
CONTRACT DOCUMENTS; AND AUTHORIZE A PROFESSIONAL ENGINEERING
SERVICES AGREEMENT FOR THE CONSTRUCTION OF THE SERVICE AIR
SYSTEM IMPROVEMENTS, DISTRICT PROJECT 7210
simultaneously. Also, the existing compressors are reaching the end of the typical
service life of 135,000 hours.
In August 2004, District staff executed a Professional Engineering Services agreement
with ATI for design services for the replacement of the existing service air compressors.
The project replaces the existing compressors with two new compressors. The
remaining existing compressor will be rehabilitated to function as a second lag unit.
Additional modifications include three new air dryers and a new 5,000 - gallon receiver
tank. A new heat exchanger skid will be installed to provide cooling for all the
equipment. To increase the reliability of the plant's cogeneration unit, a compressor will
be installed in the Solids Conditioning Building to provide backup service air in the
event of a power failure. The project work areas are shown in Attachment 1.
ATI and District staff prepared the plans and specifications for the project. The
Engineer's estimate for construction of the Service Air System Improvements is
$1,600,000. This project was advertised on November 2 and 7, 2006. Four sealed
bids ranging from $1,503,800 to $1,802,900 were received and publicly opened on
December 19, 2006.
Air Perfection, Inc., an equipment supplier, inadvertently submitted a bid to the District
intended for the General Contractors bidding the project. Out of an abundance of
caution, District Counsel recommended that the bid from Air Perfection, Inc. be
declared as non - responsive. The bid submitted by Air Perfection, Inc. was not
prepared on the required bid forms. The bid did not include a schedule of bid with a
total bid amount, statement of subcontractors, statement of financial responsibility,
bidder's bond, and other required acknowledgements. The other three bidders
submitted complete and responsive bids.
The Engineering Department conducted a technical and commercial review of the bids
and determined that Monterey Mechanical Company is the lowest responsible and
responsive bidder with a bid amount of $1,503,800. A summary of bids received is
shown in Attachment 2.
The District will perform construction management and will provide contract
administration, inspection, survey, office engineering, and submittal review.
N:\PESUP \Position Papers \Hodges \7210 Award.doc Page 2 of 6
POSITION PAPER
Board Meeting Date: January 11, 2007
subject. DECLARE BID SUBMITTED BY AIR PERFECTION, INC. NON
RESPONSIVE; AWARD A CONSTRUCTION CONTRACT TO MONTEREY
MECHANICAL COMPANY; AUTHORIZE THE GENERAL MANAGER TO EXECUTE
CONTRACT DOCUMENTS; AND AUTHORIZE A PROFESSIONAL ENGINEERING
SERVICES AGREEMENT FOR THE CONSTRUCTION OF THE SERVICE AIR
SYSTEM IMPROVEMENTS, DISTRICT PROJECT 7210
Staff recommends retaining ATI to provide support services during construction for this
project because ATI helped prepare the plans and specifications and, therefore, has a
solid understanding of the project design. The construction support services includes
bidding services, minor design changes, reviewing shop drawings and submittals,
responding to design questions, evaluating change order requests, performing site visits
to verify compliance with the design intent, and other related activities. A construction
support services contract with a cost ceiling of $95,000 has been negotiated with ATI.
This will bring the total professional service contract with ATI to $144,000.
The funds required to complete this project, as shown in Attachment 3, are $2,098,000.
The total cost of Service Air System Improvements, is anticipated to be $2,264,000.
This project is included in the fiscal year 2006 -2007 Capital Improvement Budget (CIB)
on pages TP -57 to TP -58. Staff has determined that there are adequate funds in the
Capital Improvement Budget for this project.
Staff has concluded that this project is exempt from the California Environmental
Quality Act (CEQA) under District CEQA Guidelines Section 15301 since it involves
minor alterations to an existing public facility involving negligible or no expansion of use.
Approval of this project will establish the Board of Directors' independent finding that
this project is exempt from CEQA.
RECOMMENDED BOARD ACTION: Staff recommends the following:
Declare the bid submitted by Air Perfection, Inc. non responsive,
2. Award a construction contract in the amount of $1,503,800 for the construction of
the Service Air System Improvements, District Project 7210, to Monterey
Mechanical Company, the lowest responsible and responsive bidder,
3. Authorize the General Manager to execute the Contract Documents, and
4. Authorize the General Manager to execute an amendment to an existing
professional service agreement not to exceed $95,000 with ATI Architects and
Engineers to review shop drawings and submittals, respond to design questions,
evaluate change order requests, and perform site visits to verify compliance with
the design intent.
NAPESUP \Position Papers \Hodges \7210 Award.doc Page 3 of 6
0
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Y
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ATTACHMENT 1
0 150 300
FEET
PROJECT
SITES
/i
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Central Contra Costa Attachment
Sanitary District SERVICE AIR SYSTEM IMPROVEMENTS
' District Project 7210
Project Location
Page 4 of 6
ATTACHMENT 2
Central Contra Costa Sanitary District
FINAL SUMMARY OF BIDS
PROJECT NO.: 7210 DATE: DECEMBER 19.2006
PROJECT NAME: SERVICE AIR SYSTEM IMPROVEMENTS
LOCATION: MARTINEZ, CALIFORNIA ENGINEER EST.: $1,600,000
File: 7210.8.3
BIDDER
BID PRICE
Name & address
Monterey Mechanical Company
$1,503,800.00
8275 San Leandro Street, Oakland, CA 94621
NCCI, Inc.
$1,623,367.41
Pier 26, The Embarcadero, San Francisco, CA 94105
Kaweah Construction Co.
$1,802,900.00
3960 Industrial Blvd., Suite 300, West Sacramento, CA 95691
Air Perfection, Inc.
Non Responsive
240 West A Street, Dixon, CA 95620
BIDS OPENED BY: /s/ Elaine Boehme DATE December 19, 2006
N:\PESUP \Design \District Projects \7210 \Final Bid Summary.doc
Page 5 of 6
ATTACHMENT 3
SERVICE AIR SYSTEM IMPROVEMENTS
PROJECT
DISTRICT PROJECT NO. 7210
POST - BID / PRE - CONSTRUCTION ESTIMATE
No. Item Description Amount
1 CONSTRUCTION
a. Construction Contract
$1,503,800
b. Contingency at 20%
$300,200
TOTAL CONSTRUCTION
$1,804,000
2 CONSTRUCTION MANAGEMENT
a. District Forces
- Construction Management and Inspection
$215,000
SUBTOTAL
$215,000
b. Consultants
- ATI Architects and Engineers
$95,000
- Additional specialty inspection, if required
$10,000
SUBTOTAL
$105,000
TOTAL CONSTRUCTION MANAGEMENT
$320,000
3 TOTAL CONSTRUCTION PHASE COST
$2,124,000
4 TOTAL PREBID EXPENDITURES
$140,000
5 TOTAL DESIGN AND CONSTRUCTION MANAGEMENT COST
$460,000
6 TOTAL ESTIMATED PROJECT COST
$2,264,000
7 FUNDS AUTHORIZED TO DATE
$175,000
8 ADDITIONAL ALLOCATION NEEDED TO COMPLETE PROJECT
$2,089,000
% of
Estimated
Construction
100%
12%
6%
18%
118%
7%
25%
125%
Page 6 of 6
Central Contra Costa Sanitary District
January 5, 2007
TO: BOARD OF DIRECTORS
VIA: JAMES M. KELLY, GENERAL MANAGER I ^%-
KENTON L. ALM, DISTRICT COUNSEL � -,
FROM: RANDALL M. MUSGRAVES, DIRECTOR OF ADMINISTRATION cJ4K -f m ga ft
SUBJECT: SELF INSURED RETENTION
INTRODUCTION
At the September 7, 2006 Board Meeting, Staff reviewed the District's Self Insured
Retention (SIR) level, the Brown claim and factors to be considered in setting the
appropriate level of the SIR. Staff discussed three components to evaluate when
setting SIR level:
• Sewer overflow response and claim handling practices
• Preventative Programs
• Legal and liability considerations
The discussion was focused principally on the SIR as it applies to the sewer overflows.
After Board discussion it was determined that staff, with input from District Counsel,
would return to the Board to discuss the issue further and to receive Board direction on
the appropriate SIR level.
This memo provides background on the SIR and the District's excess insurance
coverage, reviews the district's overflow response practices, reviews prevention
programs the District could employee, discusses legal and liability considerations, and
recommends an approach to setting the SIR for the Board to consider. It is the intent of
this memo is to provide the Board of Directors with information that will allow the Board
to provide staff with policy direction that will lead to setting the District's SIR level for
fiscal year 2007 -08. The SIR can be reset each year, if desired, based on current data
and risk exposures.
EXECUTIVE SUMMARY /RECOMMENDATIONS
The District's SIR /excess insurance covers risks from sewer overflows, land
subsidence, automobile accidents, employment practice liability, Board of Directors
Errors and Omissions, and general accidents to the public on District property. The
District has a good claims history on all of these exposures, although more has been
spent on sewer overflows than any other exposure in recent years. The District currently
has an effective overflow response and claim handling practice. However, occasionally
overflow claims occur that result in large settlements, either due to shared responsibility
and /or because the claimant is uncooperative and litigious.
Based on a recent such large claim, where the insurance company stepped in after the
SIR had been exceeded and settled for a larger amount, the Board asked staff to
investigate the implications of raising the SIR to $1,000,000. Based on a review of the
claims history, there does not appear to be a significant cost savings for increasing the
SIR from $500,000 to $1,000,000 that would compensate for the increased risk the
District would be exposed to. However, there are steps the District could take that
would reduce the District's exposure if the Board chose to increase the SIR for sewer
overflows. Specifically, the District could pursue split SIR coverage for certain liabilities,
such as automobile accidents; e.g. the District could have an SIR for automobile
accidents of $250,000 and an SIR of $1,000,000 for other exposures. This, along with
adoption and implementation of an overflow prevention device enforcement program,
could reduce the District's exposure to losses that would have been encountered with
an SIR of $500,000.
Staff recommends the District explore split SIR costs for the next coverage period (FY
2007 -08) to analyze what potential costs and risks the District would encounter for
different SIR alternatives. One of the SIR alternatives to be analyzed would be
$1,000,000 for sewer overflow damage and lower SIR's for our other risk categories.
This analysis would be brought back to the Board as part of the budgeting process for
fiscal year 2007 -08. In addition to this, staff requests direction to prepare an overflow
protection device enforcement program for Board consideration as part of the current
District Code update.
SELF INSURED RETENTION (SIR) FINANCIAL ANALYSIS
The self- insured retention is the financial amount the District will pay for claims or
accidents to others. Currently, the District self insures for the first $500,000 with excess
insurance coverage of $10,000,000. This means that if the District were required to pay
$100,000 for a claim, the District would pay the full amount because it is under
$100,000. If the District was required to pay $2,000,000 for a claim, the District would
pay the first $500,000 and the District's excess carrier (AIG) would pay the remaining
$1,500,000. If the District has a catastrophic loss of $20 million, the District would cover
the first $500,000, AIG would pay out the next $10,000,000 and the District would cover
the remaining $9,500,000.
N:\ ADMINSUP\ADMIN \DIST- SEC\Agendas \SIR Memo.doc 2
The Board requested staff to consider the impact of raising the SIR to $1,000,000. Staff
contacted several other wastewater agencies and found a range of SIR's. A sampling is
shown below.
East Bay Municipal Utility District $10,000,000
Central Contra Costa Sanitary District $ 500,000
Union Sanitary District $ 500,000
Vallejo Sanitation and Flood Control District $ 500,000
Oro Loma Sanitary District $ 250,000
Orange County Sanitation District $ 250,000
Delta Diablo Sanitation District $ 100,000
Staff's financial analysis is as follows. The District has experienced three costly
overflow claims over the past 13 years:
Leonard /Beinke (Blackhawk)
Gayle & Angie Pulley
Suzanne Brown
12/17/1995 $ 500,140
04/11/2000 $ 542,373
03/23/2004 $1,000,000
The total amount since 1995, exceeding the $500,000 SIR for each claim, equals
$542,513. The District would save approximately $66,500 per year in premiums if the
District had a $1,000,000 SIR. Since 1995 and through 2006, or over 12 years, the
District would have saved approximately $798,000 in premiums and would have spent
an additional $542,513 in claims if the SIR had been $1,000,000 instead of $500,000.
Therefore, increasing the SIR to $1,000,000 could potentially reduce the costs to the
District by a nominal amount if the claims history remains similar to that we have
experienced over the last 12 years.
SEWER OVERFLOW RESPONSE AND CLAIM HANDLING PRACTICES
When a sewer overflow occurs, Collection System Operations (CSO) responds quickly
to identify the problem and to immediately correct it if the problem is with the District's
main sewer line. If sewage has backed up into the home and the main sewer line was
plugged, District staff contacts and pays for Restoration Management Company to clean
the home, using proper cleaning techniques, take pictures of the home to document the
event and prepare a report once the cleanup is complete or well underway. The Safety
and Risk Management Administrator manages the cleanup and repair activities to
ensure the structure is returned to the condition prior to the overflow. A release form is
required prior to final payment to ensure the District's liability is minimized.
Once cleanup is underway, staff begins to evaluate the circumstances surrounding the
event and building. This includes the timing of events, elevations, plumbing conditions,
remodeling, permits, laws of gravity and the facts as determined by those involved,
pictures and the report. Upon reviewing the data a determination is made regarding
liability of the District and the claimant. If the facts support no cause by the District, the
claimant is notified that the cleanup and repair is their responsibility. It is typical for the
N:\ ADMINSUP\ADMIN \DIST- SEC\Agendas \SIR Memo.doc
District to pay for Restoration Management's response and cleanup efforts if the main
line was plugged. If the District's main line was clear and the evidence is strong that the
claimant was fully responsible and liable for the event the matter is turned over to the
claimant and the District assumes no further involvement or liability.
Most of the District's claims are the result of the District's main sewer line being
plugged and clearly caused the overflow and damage. District staff ensures that District
response is quick (to minimize damage), that face -to -face contact is made and that the
resident or business owner is assured that the District will act in a responsible manner
by cleaning and returning their facility to the condition it was in prior to the overflow.
The owner is advised if follow up investigation for cause needs to occur.
A major challenge for claim settlement comes when the main line was plugged and the
claimant appears to have contributed to the overflow or severity of the overflow, and /or
the owner is unwilling to work with the District to clean and restore their building to its
original condition. These are the situations where claim settlement can become
expensive.
SEWER OVERFLOW CLAIMS PREVENTATION PROGRAMS
There are three principal preventive programs the District could employee to reduce its
exposure to claims: reduce the number of overflows and blockages via increased
maintenance and rehabilitation of the collection system, implementation a program that
enforces the use of overflow devices (OFD), and implementation of a lateral inspection
program.
Decrease the Number of Blockages and Overflows. The District has always worked
to minimize blockages and overflows. However, these efforts were intensified
approximately six years ago. Since that time, overflows have been reduce from 163 in
2001 to 73 in 2006. As the District continues this focus, it is hoped that the number of
claims will be reduced.
Overflow protection Devices. In 1959, the District mandated that an OFD be installed
for some connections because of topographical reasons. An OFD was required for all
new connections in 1993. In 1996, the District amended its code to require all
connections to have an OFD. The code was revised in 2003 to clarify and strengthen
the responsibilities for having and maintaining an OFD.
Enforcement of the OFD requirement is the responsibility of the Environmental Services
Division of the Engineering Department. All new homes or buildings are inspected for an
OFD at the time of initial connections to the public sewer system. The District enforces
the requirements for an OFD for existing homes when a homeowner takes out a permit
to repair or replace the sewer lateral to an existing home. In 2003, staff proposed that
every house be inspected for an OFD upon sale of the property. While the District did
not implement a mandatory inspection program, it did initiate an outreach effort to
N:\ ADMINSUP\ADMIN \DIST- SEC\Agendas \SIR Memo.doc 4
educate homeowners and property owners about the benefits and requirements for an
OFD.
A stronger OFD enforcement program could strengthen the District's position in sewage
overflow damage claims. These programs could range from a self- certification program
to an inspection program tied to the sale of a home to a comprehensive District -wide
OFD inspection and installation program. There are 120,000 connections in the District
service area. Staff estimates that there are approximately 45,000 to 55,000 connections
that do not have OFDs. Generally, these connections are older homes or businesses
that were constructed in the 1950's through 1970's.
Lateral Programs. Some local agencies have implemented a lateral sewer inspection
program. Possible regulatory changes may require the District to inspect private lateral
sewers in the future. Most cities and sewage collection agencies, including the District,
consider sewer laterals to be private and the maintenance to be the responsibility of the
property owner. In 2005, the San Francisco Bay Regional Water Quality Control Board
(RWQCB) passed a resolution encouraging sewage collection agencies to have a
program that requires the inspection and rehabilitation of private sewer laterals. The
resolution further stated that the existence of such programs would be an important
factor when considering enforcement actions for sewer system overflows. At this time,
faulty laterals do not appear to be a significant source of overflows or excess wet
weather infiltration in the District's System. Accordingly, it is doubtful if a lateral
program would help the District much, unless it reduced the number of backup in
houses. In general, these backups would not affect the building if it has a properly
operating OFD.
LEGAL AND LIABILITY CONSIDERATIONS
One issue the Board will want to consider in determining the appropriate SIR level, is
the typical risks involved with claims which the District is from time to time exposed to
including sewer overflows, land subsidence, automobile accidents, employment
practices, Board of Directors Errors and Omissions, and general accidents to the public
on District property.
Sewer Overflows. With 1,500 miles of sewers, sewer overflows occasionally occur
notwithstanding the excellent collection system programs which current exist within the
District. Sewer backup claims within residences or businesses can be very expensive.
Expense associated with these incidents is impacted by the initial actions of the
property owners, demography and topography of the service area, as well as the
increasingly expensive protocols used with regard to clean up and repair of flood
damaged properties.
The potential exposure of the District can range from mere emergency response costs
to major expenditures for clean up, repair and replacement of portions of the damaged
buildings and relocation costs. The District's responsibility may be based on negligence
theories, or under certain circumstances inverse condemnation theories. Litigation
N:\ ADMINSUP\ADMIN \DIST- SEC\Agendas \SIR Memo.doc
costs frequently meet or exceed the value of a claim. Recent appellate cases have both
held public agencies liable and excused public agencies from liability based on the
specific facts. One of the considerations in defense of overflow damage claims is the
existence of a mandatory backflow prevention device ordinance and the enforceability
of that ordinance. To the extent that the Board seeks to increase the SIR level a
corresponding increase in the District's efforts to obtain compliance with its existing
backflow prevention device ordinance may well be appropriate.
Land Subsidence. The District has general coverage for land subsidence. This is
important given the topography of the District and the amount of pipe, 1,500 miles, in
the ground. While the District has not experienced large claims recently, during past
heavy precipitation periods the District has been exposed to a number of subsidence
and related claims. Land subsidence claims can be costly given the topography and
demographics of the District. Land subsidence claims frequently are brought against
public agencies on both negligence and inverse condemnation bases.
Automobile Accidents. In California, the responsibility, and therefore risk, may
reside with the vehicle's owner. This creates a situation where the District may have
financial liability for employees driving District vehicles. In addition, the District may also
be named in a lawsuit arising from an accident of an employee driving their own vehicle
within the scope of the employee's duties. The District has been fortunate not to be
involved in a major automobile liability lawsuit for many years. This continued favorable
experience cannot be guaranteed.
Employment Practices Liability. The current excess general liability policy includes
coverage for employment practices liability (EPL). The retention for EPL is currently
$1 million whereas the retention for all other is $500,000. The District also purchases a
stand -alone EPL policy to fill the gap between $15,000 and $1 million. The cost of this
stand alone policy is $21,899.93 for fiscal year 2006 -2007.
Errors and Omissions Liability. The District's current SIR also applies to the Errors
and Omissions Liability coverage. No such claims have been brought against the
District within the recent past. However, lawsuits can be brought for erroneous
decision(s) negatively impacting the District's a constituent or the District. Lawsuits
may also be brought for noncompliance with legal requirements. Other public agencies
have faced substantial claims for which the Errors and Omissions coverage has applied.
Non -Auto Bodily Harm and Personal Injury. The District also has potential exposure
to members of the public for accidents on, or caused by, District facilities, that are
potentially based on theory such as dangerous condition of public property. The legal
theories exist providing some exposure for bodily harm and personal injury claims.
Again, the District has been fortunate not to be involved with any major claims of this
nature for a number of years.
ALTERNATIVE SIR APPROACHES
N:\ ADMINSUP\ADMIN \DIST- SEC\Agendas \SIR Memo.doc 6
The Board could raise the SIR level for general liability for sewer overflows, while
maintaining the current SIR level for the various liability coverage areas addressed
above. Precise costs for split SIR levels for different coverage areas could best be
further explored when obtaining quotes for the next coverage period. Using a split SIR
could reduce the overall risk the District is exposed to, while allowing the Board greater
control in certain categories of claims.
N:WDMINSUPWDMIN \DIST- SECWgendas \SIR Memo.doc
CENTRALCONTRA COSTA SANITARY DISTRICT
SELF INSURED RETENTION
I. Self Insured Retention (SIR)
II. Claims Administration
III. Preventative Programs
IV. Legal & Liability Considerations
CENTRAL CONTRA COSTA SANITARY DISTRICT
SELF INSURED RETENTION
Insurance Coverage
• General Liability
• Sewer Overflows
• Land Subsidence
• Non -Auto Bodily Harm & Personal injury
• Automobile Liability
• Employment Practices Liability
• Errors & Omissions Liability
CENTRAL CONTRA COSTA SANITARY DISTRICT
SELF INSURED RETENTION
® Usually one claim per event or sewer
backup
o Could be multiple claims for one event
7.a.1)
CENTRALCONTRA COSTA SANITARY DISTRICT
SELF INSURED RETENTION
I. SIR
• CCCSD Self Insured Retention (SIR) _
Deductible
• Currently $500,000 (Board is considering
moving to $1 million)
• District purchases $10,000,000 General Liability
insurance coverage for additional "protection"
CENTRAL CONTRA COSTA SANITARY DISTRICT
SELF INSURED RETENTION
II. Claims Administration
0 District has a good history for claims costs,
approximately $100,000 - $150,000 annually
o District has a good reputation for claim
response and administration
CSO and the Safety and Risk Management
Administrator have received positive feedback from
homeowners and surveys
CENTRAL CONTRA COSTA SANITARY DISTRICT
SELF INSURED RETENTION
CLAIM ADMINISTRATION PHILOSOPHY
o All customers are treated professionally and
with respect
v CCCSD District staff attempts to resolve
cleanup and repair issues in a cost effective
manner
1
CENTRAL CONTRA COSTA SANITARY DISTRICT
SELF INSURED RETENTION
CLAIM ADMINISTRATION PHILOSOPHY
o CCCSD goal is to ensure the District
and property owner are treated fairly
o CCCSD release form is a must in
negotiating final outcome to limit future
liability and costs
CENTRAL CONTRA COSTA SANITARY
DISTRICT
SELF INSURED RETENTION
Overflow Protection Devices
Current Approach
o Required for all connections since 1996
o Estimated 50,000 existing connections without
an OFD
0 300 to 600 OFDs installed each year on existing
homes during lateral sewer repairs
CENTRAL CONTRA COSTA SANITARY
DISTRICT
SELF INSURED RETENTION
Lateral Sewer Inspection
• Video inspection and /or pressure test
• Overflow & infiltration reduction
• Tied to property sale
• Encouraged by RWQCB
CENTRAL CONTRA COSTA SANITARY DISTRICT
SELF INSURED RETENTION
III. Preventative Programs
• Overflow reduction
• Overflow protection devices
• Lateral inspection & replacement
CENTRAL CONTRA COSTA SANITARY
DISTRICT
SELF INSURED RETENTION
Overflow Devices
Possible Approaches
*Education & self certification
o Inspection Program
o District - Sponsored Installation Program
o OFD inspection & installation at time of
property sale
CENTRAL CONTRA COSTA SANITARY
DISTRICT
SELF INSURED RETENTION
Lateral Sewer Inspection
oAgencies that have lateral inspections
- Albany, Stege SD, Richmond
- Pacific Grove
- West County is considering
F
CENTRAL CONTRA COSTA SANITARY DISTRICT
SELF INSURED RETENTION
IV. Legal & Liability Considerations
o Inverse Condemnation >
• Land subsidence
• Sewer Overflows
The District's mainline caused the problem.
Puts the District at a disadvantage.
CENTRAL CONTRA COSTA SANITARY DISTRICT
SELF INSURED RETENTION
Staff's Recommendation
(1) Obtain costs for premium renewal at
different SIR levels and review with Board in
June for decision on insurance coverage
and SIR level(s), including a $1,000,000 SIR
(2) Consider strengthening OFD and /or lateral
requirements and enforcement to reduce
District liability if warranted by staff review
3
Central Contra Costa Sanitary District
January 5, 2007
TO: BOARD OF DIRECTORS
VIA: JAMES M. KELLY, GENERAL MANAGER
ANN E. FARRELL, DIRECTOR OF ENGINEER rGUW
FROM: CURTIS W. SWANSON, ENVIRONMENTAL SERVICES DIVISION ��
MANAGER
SUBJECT: ACQUISITION OF RIGHTS -OF -WAY FOR DISTRICT SEWER
PROJECTS
At a recent Board meeting, a report on the process and level of effort involved with the
acquisition and protection of easements, rights -of -way, and other property rights for the
District was requested. This memorandum will describe how the District acquires and
administers rights -of -way. There will be a presentation at the January 11, 2007 Board
meeting to further explain the District's process for acquiring rights -of -way, an overview
of services provided by Associated Right of Way Services, Inc., and answer any
questions the Board may have.
BACKGROUND
The District owns and operates 1500 miles of sewers. There is some type of property
right associated with all of these sewers, ranging from fee title to easements to licenses
or encroachment permits. Of the District's 1500 miles of sewers, approximately 300
miles or 20% are located in easements located on private property. The remaining 80%
are located in public or private streets, District -owned property or other public or quasi -
public rights -of -way.
Acquiring and administering sewer easements and related property rights is the
responsibility of the Right -of -Way work group situated in the Environmental Services
Division of the Engineering Department. The work group deals with sewer easements
and other property rights for sewers for both developer projects and the District's own
capital improvement projects. Currently, the work group consists of a Senior
Engineering Assistant and an Engineering Assistant III supervised by an Associate
Engineer. The District is now recruiting for a second Senior Engineering Assistant to
perform right -of -way duties. The District also uses consulting firms to acquire easement
and other rights -of -way or provide special services such as appraisals of easements.
RIGHTS -OF -WAY FOR EXTENSION OF THE PUBLIC SEWER SYSTEM
One of the primary right -of -way activities handled by staff in the Environmental Services
Division is the review and acceptance of sewer easements or dedications for extensions
of the public sewer system that are constructed by developers or individual property
owners. Every reach of public sewer must have adequate land rights. These land rights
are typically public multi - purpose rights -of -way such as a public street or sewer
easements across private properties.
PROTECTION OF EXISTING DISTRICT RIGHTS -OF -WAY
Developer or individual property owner projects may impact existing easements that are
owned by the District. Staff reviews all building plans that go through the appropriate
permitting process to determine if a proposed house, building, pool, deck or other
improvement will encroach on a District property or sewer easement. In addition, staff
responds to requests from Collection System Operations to resolve encroachments
onto our easements by construction that has not been properly permitted. A
combination of District staff and consultant staff, depending on particular issues and
expertise, review and handle this right -of -way activity.
While most of these encroachment situations are handled simply and quickly, some are
complicated and require a significant staff effort. An example of the latter is the recent
negotiations with CONCO Cement for access and utility easements across District
treatment plant property. These negotiations were completed over a three -year period.
The negotiations were lengthy and complicated because of the size and nature of the
proposed industrial development. The agreement with CONCO involved granting of
easements for a roadway and utilities to CONCO in return for accepting drainage, odor,
and upgraded pipeline easements along with cash and fee title to certain property from
CONCO. Consultant staff provided help in document preparation and appraisals while
District staff handled negotiations, and document processing. A significant effort by
District Counsel was required to draft the purchase agreement and many legal
documents for transfer of property rights.
Upcoming right -of -way activities include negotiating and granting easement rights to
Equilon and Burlington Northern Santa Fe Railroad that are similar to those granted to
CONCO. The District owns 19 miles of sewer easements within the Iron Horse Corridor
(formerly the Southern Pacific Railroad right -of -way) that is owned by Contra Costa
County. Revision of sewer easement locations within the Iron Horse Corridor to reflect
as -built conditions and to correct for utility conflicts will occur over the next two years.
Staff is also working on license agreements for use of District property by East Bay
Regional Park District and Saint Mary's College, and the lease of District property for
cell sites by T- Mobile and Cingular Wireless.
N: \ENVRSEC\Admin \Swanson \Memos\2007 \Right of Way White Paper All Comments 1- 07.doc Page 2 of 5
ACQUIRING RIGHTS -OF -WAY FOR DISTRICT CAPITAL PROJECTS
Permanent easements, temporary construction easements, rights of entry, and other
rights -of —way need to be acquired for almost all of the District's collection system capital
projects. The collection system capital program has been increased significantly over
the past 8 years, with a particular emphasis on renovation of older small collector
sewers, which are more likely to be located in backyard easements with poor definition
of property rights. This activity is intensive because of difficult design challenges
caused by encroachment of structures and old growth trees, and involves multiple
contacts with numerous property owners. Property rights have typically been acquired
by a combination of District staff and outside real property consultants. The consultants
are used to supplement District staff in negotiating property rights during peaks in
project workloads, to provide appraisal services, and to provide consultation related to
difficult property rights negotiations.
The general approach in the acquisition of property rights for each capital project is to:
• Research existing property rights and ownership for each property involved with
the project
• Determine whether temporary or additional permanent rights are needed for
construction or operation of the sewer
• Prepare easement valuations or appraisals for each property (must be prepared
by an independent certified appraiser if eminent domain is possible)
• Make offers and negotiate with individual property owners
• Prepare grants of easements and other legal documents
• Obtain Board approval for the property rights actions
• Set up escrow accounts, obtain title insurance, and record the property rights
documents
If staff is unsuccessful in reaching an agreement with each property owner, the District
may have to initiate eminent domain proceedings to obtain the required property rights.
Legal assistance is often required during the negotiation process, and always required
when it becomes necessary to acquire property rights by eminent domain.
While the approach to obtain property rights for each project may be similar, the level of
effort can vary significantly. The level of staff or consultant effort depends on the nature
of existing or desired property rights, the number of properties affected by a project, the
existing or proposed use of each property, the size and location of the sewer on each
property, and the construction method and duration. Depending on these factors, staff
may spend from 10 to 80 hours or more negotiating with each property owner to obtain
the property rights needed by the District.
When workload permits, District staff prefers to handle negotiations with homeowners
and have consultants handle negotiations with businesses and government agencies
such as Caltrans, Contra Costa County, East Bay Regional Park District, local cities,
and school districts.
N: \ENVRSEC\Admin \Swanson \Memos\2007 \Right of Way White Paper All Comments 1- 07.doc Page 3 of 5
At any one time, the District is actively working to acquire property rights for 5 to 8
sewer renovation or replacement projects. A representative example of these projects
is the North Orinda Phase II Sewer Rehabilitation Project. There are 23 properties along
Van Tassel Lane, Tarry Lane, Crane Court, Katrina Court, and Snowberry Lane in
Orinda where rights -of -entry, temporary easements, and wider permanent easements
need to be acquired to be able to rehabilitate or replace an existing sewer located in
backyard sewer easements. Over the past 18 months staff has acquired property rights
from 10 homeowners. We are still negotiating with 13 homeowners. We anticipate
reaching agreement with the majority of these homeowners during the next few months.
Staff anticipates that the District will have to use the eminent domain process to obtain
necessary land rights across at least one property and maybe as many as four
properties.
CONTRACT ASSISTANCE FOR RIGHT -OF -WAY WORK
The right -of -way workload has increased significantly over the past 8 years as the
District has increased the size of its sewer renovation and replacement program. Due
to this increase in workload, the need for assistance from outside contractors has also
increased. In May -June 2006 District staff conducted a request for proposal process
and received proposals from three firms. Associated Right -of -Way Services (ARWS) of
Pleasant Hill was chosen to augment staff and appraise easement and right -of -way
values. A position paper for a three -year agreement with a cost ceiling of $500,000 was
taken to the Board and approved on October 5, 2006. In mid -2006, staff engaged
Wendel Rosen Black & Dean of Oakland to provide legal review and advice related to
property rights acquisition for certain projects. Staff is recommending that Wendel
Rosen Black & Dean be retained to provide ongoing legal support for the property
acquisition and eminent domain proceedings that may be necessary in North Orinda.
During 2006, District staff expended approximately 4500 man -hours on right -of -way
activities related to developer or capital projects. This represents approximately 2.5 full
time employees. District staff was supplemented by 750 hours of consultant staff from
ARWS to acquire property rights specifically for District capital projects during 2006.
The legal effort during 2006 included approximately 330 hours from Meyers Nave staff
and 20 hours from Wendel Rosen staff.
NEW STATE LAWS REGARDING ACQUISITION OF EASEMENTS
New state laws became effective on January 1, 2007 that will affect the timing and cost
of easements acquired by the District. The most significant effects are due to provisions
of Senate Bill 1210 that requires an agency to offer to reimburse a property owner the
reasonable costs, up to $5000, for an independent appraisal of any property purchased
under the threat of eminent domain. Also, this same law revises the process and
timetable for taking pre - judgment possession of condemned property. A property owner
must be given notice and an opportunity for a hearing before an agency can take pre-
judgment possession of private property for public use. Upon receiving notice, a
property owner will have 30 days to submit written opposition to the pre - judgment taking
N: \ENVRSEC\Admin \Swanson \Memos\2007 \Right of Way White Paper All Comments 1- 07.doc Page 4 of 5
of a property. Instead of the 3 to 30 day orders of pre - judgment possession that the
District is accustomed to, it will probably take 60 to 90 days to obtain possession now.
CONCLUSION
There will always be a need for the District to acquire rights -of -way for sewer extensions
by others and to protect existing District rights -of -way. In addition, the District is
planning to spend over 180 million dollars for collection system renovation and capacity
projects over the next 10 years. The majority of these projects will have a significant
right -of -way effort to secure, clarify or expand property rights for District sewers and
facilities. It has been our experience over the last several years that the general public
has become more educated about their property rights and has higher expectations and
demands when approached by the District to grant additional or new property rights.
We anticipate the level of effort associated with acquiring and protecting District rights -
of -way to remain high and potentially increase. As mentioned earlier in this
memorandum, the District is now recruiting one additional employee to assist with
acquiring and protecting easements and rights -of -way. However, staff anticipates that
there will continue to be a need to use outside consultants such as ARWS and legal
counsel, such as Meyers Nave and Wendel Rosen, to provide appraisal services and
legal advice and to supplement staff during large or difficult property rights acquisitions.
N: \ENVRSECWdmin \Swanson \Memos\2007 \Right of Way White Paper All Comments 1- 07.doc Page 5 of 5
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Central Contra Costa Sanitary District
January 9, 2007
TO: BOARD OF DIRECTORS
VIA: JAMES M. KELLY
FROM: DOUGLAS J. CRAI D��
SUBJECT: LANDFILL GAS AGREEMENT
The District issued a Notice of Termination to Bulldog Power and Gas, which is effective
February 1, 2007. Staff met with Bulldog in December to discuss if they had resolved
their landfill gas quality issues (moisture and energy content), equipment reliability
issues, and to discuss the terms of a potential contract renewal. Excessive moisture in
the gas appears to have been resolved. Staff continues to monitor fluctuations in landfill
gas Btu content. Also, since August 2006, Bulldog has experienced a series of
equipment problems that has caused the District to purchase additional natural gas on
the spot market to operate. Due to the inconveniences and District costs caused by this
problem, Bulldog did not bill the District for two weeks of gas delivery in October and
discounted the November bill 10 percent. Much of the agreement renewal discussion
has been delayed as Bulldog focused on resolving landfill gas quality and reliability
issues. Board direction will be requested on potential terms for the agreement renewal
at this Board Meeting, January 11, 2007. Based on this input, Staff will meet with
Bulldog to develop a new agreement for consideration at the February 1, 2007 Board
Meeting. However, due to the delay of agreement renewal discussions, staff may
request a one to two month extension of the existing agreement to allow for completion
on renewal discussions and further Board direction, if needed.
The following agreement issues were discussed at the December meeting. The
purpose of the meeting with Bulldog was to discuss the terms of the agreement and to
develop a preliminary understanding of the issues to be addressed in the agreement
renewal. Staff emphasized that District proposals were preliminary and subject to
revision and approval by the Board.
■ Termination Date of the Agreement
Staff proposed May 1 and Bulldog agreed. Gas prices are generally soft in the
spring.
Page 1 of 2
■ Notice of Termination
Current agreement allows termination without cause at any time with a 90 -day
notification. Staff proposed 90 days prior to May 1 of each year. Bulldog agreed.
This is to avoid termination at seasonal high natural gas prices.
■ Term of Agreement
With the flexible termination clause in the contract, staff proposed a five -year
agreement. This was acceptable to Bulldog.
Gas Btu Monitoring
Staff proposed that Bulldog monitor the Btu (energy) value more frequently and
suggested they purchase an on -line analyzer ($20,000) to provide an average
daily Btu for gas delivered. An alternative is to jointly purchase the analyzer and
connect it to the District's control system for monitoring and archiving Btu values.
Bulldog indicated that they would investigate analyzer options and would be
willing to consider an analyzer purchase.
Pricing Structure
After a discussion on the current price structure (attached) , Bulldog said they
would consider a price cap if the District would consider a price floor. An
$8.00 /decatherm price cap was discussed. This means that when the price of
natural gas exceeds $8.00 /decatherm, the price of landfill gas would be capped
at $4.60 /DT. The current prepurchased natural gas price is above $8.00 /DT. No
price floor was discussed.
These were the principal issues that were discussed with the Board when the Notice of
Termination was issued. Staff believes that if they are resolved, the District's continued
use of landfill gas would be good for the environment and cost effective for the District.
Accordingly, Board direction on this issue will be requested at the January 11, 2007
Board meeting.
Cc: Kent Alm
Page 2 of 2
LANDFILL GAS
CURRENT PRICE STRUCTURE
• 30% Discount for first $2.00 /DT of natural gas price
• 40% Discount on next $2.00 /DT of natural gas price
• 50% Discount on natural gas price above $4.00 /DT
• No floor or no ceiling
LANDFILL GAS UPDATE
DOUGLAS J. CRAIG
BOARD MEETING
JANUARY 11f 2007
LANDFILL GAS UPDATE
2006 Landfill Gas Outages
Issues with Gas Sales Agreement
Item No. 7.a.3)
1
LANDFILL GAS OUTAGES
Date Cause Duration
February 15, 2006 Compressor Rebuild 30 Days
July 23, 2006 Excessive Moisture in Gas 103 Days
December 28, 2006 Electrical Problems with
Motor Starter on
Compressor 12 Days
STATUS OF OUTAGES
Compressor Rebuilt
Compressor Motor Rewound
New Knock -down Tank; Moisture in Gas Appears to
be Resolved
Control Panel for Motor Starter Rewired with New
Components
Pa
GAS SALES AGREEMENT
Termination Effective February 1, 2007
Staff Met with Bulldog in December to Discuss Issues
(Doug Craig, Dave Reindl, and Jim Warrington)
Constructive Meeting with Bulldog on Major Issues
STATUS OF MAJOR ISSUES
District Proposal
Change Termination Date to May 1
90 -Day Notice to Terminate Prior
to May 1
Five -Year Agreement
Increase Gas Monitoring Frequency
Bulldog Response
Agreed
Agreed
Agreed
Agreed
3
STATUS OF MAJOR ISSUES
District Proposal
Proposed New Analyzer with Ability
to Monitor Oxygen and Moisture
Discussed Pricing Structure Options
Bulldog Resaonse
Agreed in Concept;
Will Investigate
Options
Bulldog Offered to
Cap Price Structure
at $8 /DT (natural
gas)
CURRENT PRICE STRUCTURE
30% Discount for first $2.00 /DT of natural gas price
40% Discount on next $2.00 /DT of natural gas price
50% Discount on natural gas price above $4.00 /DT
No floor or no ceiling
4
APPLICATION OF PRICE STRUCTURE
Prepurchased Natural Gas Price FY 2006 -2007:
$8.44/DT
Bulldog's Calculated Price: $4.82/DT
(43 Percent Discount)
Current Spot Market Price (Next Day):
$7.30 /DT Burner Tip
VALUE OF LANDFILL GAS
Cost to Use Landfill Gas $200,000 per Year
Landfill Gas in Lieu of Natural Gas
(Savings from Prepurchased Price) $652,000 per Year
Landfill Gas in Lieu of Natural Gas
(Savings from Current Spot Market) $446,000 per Year
Net District Benefit
$246,000 - $452,000
per Year
5
RECOMMENDATION
Continue Negotiations of Gas Sales Agreement with
Bulldog
Maintain Current Price Structure with a Natural Gas Cap
of $8 /DT; i.e. Bulldog Price Will Not Exceed $4.60 /DT.
No Price Floor for Landfill Gas.
A Five -Year Agreement with a 90 -Day Notification to
Terminate Prior to May 1
Finalize Gas Monitoring Requirements
SUMMARY
Bulldog needs to improve its reliability
Use of Landfill Gas has Significant Financial Benefits to
the District Along with the Environmental Benefits
Bulldog has been Cooperative in Resolving Both Their
Operational Issues and in Agreement Negotiations
Board Meeting of January 11, 2007
Announcements
?, q Lo Z�
a) Announce advertisement of the Dissolved Air Flotation (DAF) Polymer System
Improvements Project, DP 7258.
This project will design and install modifications to convert the existing dry
polymer system to a permanent liquid polymer addition system to feed polymer to
the dissolved air thickeners. The project consists of the installation of a polymer -
blending system similar to the one used for the dewatering system as well as four
new metering pumps. These modifications will also allow transfer of polymer
from the dewatering area to DAF storage tank to facilitate polymer addition to the
DAFs even if the DAF polymer makeup system is offline. This project will be
advertised this month and bids will be opened in February. Staff estimates the
Notice of Award and Notice to Proceed would be issued in March. The
construction cost is currently estimated at $495,000.
b) CCCDS comments on proposed NPDES Permit
Staff and District counsel submitted comments on the proposed NPDES permit to
the Water Board on December 30, 2006. Staff and District counsel will present
the District's comments at the Water Board meeting of January 23, 2007. Staff
will update the Board on the proposed NPDES permit at the February 1, 2007
Board Meeting.
c) Website Improvements
The District's website centralsan.org needs to be updated to provide better
customer service to residents and businesses in our service area. The new
website will provide greater functionality in exchanging information and
conducting business with the public. Components and functionality of the
updated site are anticipated to include:
• More user - friendly interface t0 searching site content
• ADA compliance
• Enhanced business features such as e- commerce
• Online forms including Source Control Permit Applications
• New HR employment page with online Job Application
• Flexible structure that allows for easy expansion /update
An RFP is process underway to obtain costs, time requirements and update
recommendations. The proposals will be presented to the Board Outreach
Committee for input prior to consideration by the full Board
d) District's Internal Auditor
The staff was informed by a member of her family that District's contract internal
auditor, Rosemary Belland, passed away in December. Ms. Belland had
completed her fiscal year 2005 -2006 audits and staff is assessing the status on
the internal audit areas for fiscal year 2006 -07: sewer service charge process;
permit counter operations; and audit of maintenance facilities spare parts. Ms.
Belland performed her duties for the District in a professional and insightful
manner, and she will be missed for contributions to improving the District's
operations and her helpful and pleasant attitude.
e) Completion of Leadership Journey Training.
The Leadership Journey Training Program was developed as part of our
Continuous Improvement and Succession Planning efforts. The training
consisted of 24- series brown -bag lunchtime sessions held twice monthly that
featured the DVD series entitled "The Leadership Journey" featuring Phillip Van
Hooser, who is a nationally- recognized leadership development trainer. The
DVD was followed by group discussion facilitated by an assortment of
supervisors and managers. The participants included employees from Central
San and the City of Martinez. Thirty -eight Central San and six City of Martinez
employees completed the program. An informal awards luncheon was held
yesterday and certificates of completion were given to attendees. Staff
anticipates the program will be repeated based on the positive comments
received on the training.
f) Attendance at the NACWA Winter Conference.
Director of Engineering Ann Farrell will be attending the NACWA Winter
Conference in St. Petersburg, Florida January 30 through February 2, 2007. The
focus of this conference is national and global trends that are driving increases in
capital project costs. The conference will offer insight on cost trends for our
capital projects in the future. Ms Farrell's attendance will be funded through her
Management Training and Education allowance.
g) Stolen Motorcycle from District Property
A motorcycle owned a Temporary Maintenance Technician was stolen on
December 28th from the street side on the service road south of the plant that
parallels State Highway 4. Maintenance and warehouse personnel have used
this parking location for years. The parking area is generally viewed as a safe
location with only two recalled incidents of vandalism over the many years. This
incident is by far the most intrusive. The Concord police, the District's Safety
Office and security were notified. The police arrived and took a vehicle
description and a description of person who may have taken the motorcycle.
There are security video images of the main gate and a motorcycle can be seen
driving north on Imhoff Place heading to Imhoff Drive. The vehicle is in the
background of the picture that is not very clear.
h) Airplane Crash Near CCCSD Treatment Plant
The District was minimally impacted by a small airplane crash on December 21,
just south of State Highway 4 near Solano Avenue. The plane crashed and
caught on fire, delaying traffic on State Highway 4 and Interstate 680 in all
directions. Emergency response vehicles responded to the scene and controlled
the fire. Traffic on East bound State Highway 4 was stopped by the CHP and
diverted off the roadway to alternate routes. This impacted traffic on Imhoff Blvd
for hours. All HOB and plant personnel were advised of the plane accident and
the traffic delays. Other than traffic delays, the District did not suffer any ill effects
as a result of the incident. The District has an Aircraft Crash Response Protocol.
In light of the recent accident staff is reviewing the protocol and will modify it as
appropriate to ensure the impact of traffic delays are in included in the Protocol.
i) Remote SCADA Access for Pumping Station Operators
The Pumping Station Supervisory Control and Data Acquisition ( SCADA) system
provides remote access to the 18 District pumping stations and one metering
station for both control and data. As originally envisioned, the pumping station
operator would dial a number and access the system via modem. The rapid
changes in the Internet, the availability of Broadband access and the added
speed in working with SCADA resulting from the use of Broadband has resulted
in most of the Pumping Station Operators using their personal Broadband
internet service provider to access SCADA at their own expense.
The speed of Broadband is most important when the on -call Pumping Station
Operator receives an alarm from the SCADA system via pager or Nextel.
Information Technology Administrator Mark Greenawalt reviewed this situation
and recommended installing Remote Local Area Network (RLAN) access at each
Pumping Station Operator's home in place of using the Internet. This will reduce
security risks that are inherent in using the Internet Broadband services, improve
the manageability of service through remote access, and provide a reliable
connection to the District network. In effect, plugging a laptop into this
connection is the same as plugging into a connection here at the District.
The RLAN can be installed for all but one of the operators, who lives too far from
an AT &T primary office to have RLAN. It is proposed to provide him a second
phone line for SCADA use only. The first year cost is estimated to be $10,600
with $5300 in following years. This matter was reviewed by the Personnel
Committee.
Central Contra Costa Sanitary District
January 11, 2007
TO: HONORABLE MEMBERS OF THE BOARD
FROM: JAMES A. NEJEDLY, PRESIDENT OF THE BOARD
SUBJECT: 2007 BOARD COMMITTEE ASSIGNMENTS
I would propose the Standing Board Committee assignments listed below to be made to
carry out the responsibilities of the Committees during 2007. As usual, if a Committee
Member is unable to attend a meeting, I will appoint an Alternate when possible.
Standing Committees
Budget and Finance Committee
2006 2007
Chair: (Hockett) McGill
Member: (Boneysteele) Nejedly
Capital Projects Committee
2006 2007
Chair: (Boneysteele) Hockett
Member: (Hockett) McGill
Household Hazardous Waste Committee
2006 2007
Chair: (Lucey) Hockett
Member: (Boneysteele) Menesini
Outreach Committee
2006
2007
Chair: (Menesini)
Menesini
Member: (Lucey)
Hockett
Personnel Committee
2006 2007
Chair: ( Nejedly) Lucey
Member: (Menesini) Menesini
Real Estate Committee
Reuresentatives to Outside Agencies
California Special Districts Association
Contra Costa Chapter
Representative: Menesini
Alternate: Hockett
Friends of San Francisco Estuary
Representative: Menesini
Sanitation and Water Agencies of Contra Costa County
Representative: Hockett
Alternate: Lucey
Board Liaison to Cities and County
Concord Nejedly
Pacheco
Alamo Hockett
Danville
San Ramon
2006
2007
Chair:
(Nejedly)
Lucey
Member:
(Boneysteele)
Nejedly
Recycled Water Committee
2006
2007
Chair:
(Hockett)
McGill
Member:
( Lucey)
Hockett
CSO AD HOC COMMITTEE
2006
2007
Chair:
Nejedly
Lucey
Member:
Menesini
Nejedly
Reuresentatives to Outside Agencies
California Special Districts Association
Contra Costa Chapter
Representative: Menesini
Alternate: Hockett
Friends of San Francisco Estuary
Representative: Menesini
Sanitation and Water Agencies of Contra Costa County
Representative: Hockett
Alternate: Lucey
Board Liaison to Cities and County
Concord Nejedly
Pacheco
Alamo Hockett
Danville
San Ramon
Lafayette McGill
Walnut Creek
Martinez Menesini
Pleasant Hill
Contra Costa County
Moraga Lucey
Orinda
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 11, 2007 No.: 8.a. ADMINISTRATIVE
Type of Action:
subject: CONSIDERATION OF SETTING A PUBLIC HEARING TO REVIEW BOARD
MEMBER COMPENSATION
Submitted By: Elaine R. Boehme Initiating Dept✓Div.: Administration
Secretary of the District
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
E. Boehme
�A-A
K. Alm
James M. Kelly,
General Manager
ISSUE: The Board is requested to determine whether or not it wishes to review and
possibly revise the current Board Member compensation of $170 per day of service. If
the Board wishes to consider revising the current compensation, a public hearing must
be set and noticed for a future Board meeting when action may be taken.
RECOMMENDATION: Determine whether the Board wishes to consider revising the
current compensation of $170 per day of service and set a public hearing if the Board
so decides. The public hearing may be set for February 15 or later, or as part of the
public hearing to consider the sewer service charge in June.
FINANCIAL IMPACTS: Depending upon what, if any, revisions are made to the
compensation at a future public hearing, there may be a resulting increase in Board
Member compensation. The maximum increase permissible under Health and Safety
Code Section 6489 and Water Code Section 20202 would be an additional 30% (6
years x 5 %), bringing the total compensation per day of service to $221 rather than the
current $170, or an increase of $51 per day of service.
ALTERNATIVESICONSIDERATIONS: The Board may decide it does not wish to
calendar a public hearing to consider amending Board Member compensation.
BACKGROUND: In 2000, SB 1559 provided for increasing Board Member
compensation above the previous $100 per day of service. On December 21, 2000, the
Board adopted Ordinance 215, which increased the Board compensation from $100
(approved in 1987) to $170 per day of service, not to exceed six days of service per
calendar month. Board Member compensation has not been revised or reviewed since
2000.
POSITION PAPER
Board Meeting Date: January 11, 2007
subject. CONSIDERATION OF SETTING A PUBLIC HEARING TO REVIEW BOARD
MEMBER COMPENSATION
Health and Safety Code Section 6489 (Attached) states that the Board may, by
ordinance adopted pursuant to Water Code Section 20202 (Attached), increase its
compensation above the $100 per day permitted by the Health and Safety Code.
Although this was done in 2000, with an increase effective March 1, 2001, no additional
increases have been considered since that time. The Board may approve up to a 30%
increase in compensation to capture the permitted increases not taken in 2001 -2007
(six years). Again, Board Members' compensation is limited to no more than six days'
service per calendar month. Board Members are not compensated for attendance at
additional meetings over the six permitted. If the annual increases are approved, they
cannot be compounded for each prior year.
A survey was conducted of Board Member compensation at nearby sanitary districts.
That chart is also attached for reference, showing where the Central Contra Costa
Sanitary District falls in the range. Other agencies' Board Members may receive higher
compensation due to compounding of annual increases in prior years.
The Board may also wish to consider incorporating into the ordinance a yearly
compensation review as part of the annual budget/fee process. This would need to be
done by public hearing each year.
RECOMMENDED BOARD ACTION: Determine whether or not the Board wishes to
review and consider changes to Board Member compensation. If yes, set a public
hearing for either February 15 or later, or June, 2007 in conjunction with the public
hearing to consider the sewer service charge.
COMPARISON OF OTHER AGENCIES' BOARD COMPENSATION
West County T $265.35 I Option for up to 5% increase
Wastewater District I each year
Oro Loma Sanitary District $240.00 Review every January
Union Sanitary District $212.10 Reviewed on annual basis.
Recently elected NOT to take
2007 increase.
Castro Valley Sanitary $170.87 Reviewed annually
District
Ironhouse Sanitary District 1 $170 No automatic review
Mt. View Sanitary District $170 No automatic review
East Bay MUD $1025 per month (Governed by different
regulations)
December 2006
NOTE: Only agencies governed by the same regulations as Central San were
selected for the survey.
N:WDMINSUPWDMIN \DIST- SEC \Position Papers \Board Compensation Survey EBfinal 1- 07.doc
CA Codes (hsc:6480 -6501)
HEALTH AND SAFETY CODE
SECTION 6480 -6501
6480. (a) The officers of the district are an assessor and five
members of the board.
(b) Any member of the legislative body of a city whose territory
is encompassed, in whole or in part, by the boundaries of the
district is not disqualified from holding office as a member of the
board solely because of his membership on such legislative body.
6480.1. (a) Notwithstanding Section 6480, the local agency
formation commission, in approving either a consolidation of
districts or the reorganization of two or more districts into a
single sanitary district may, pursuant to subdivisions (k) and (n) of
Section 56844 of the Government Code, increase the number of
directors to serve on the board of directors of the consolidated or
reorganized district to 7, 9, or 11, who shall be members of the
board of directors of the districts to be consolidated or reorganized
as of the effective date of the consolidation or reorganization.
(b) Upon the expiration of the terms of the members of the board
of directors of the consolidated district, or a district reorganized
as described in subdivision (a), whose terms first expire following
the effective date of the consolidation or reorganization, the total
number of members on the board of directors shall be reduced until
the number equals the number of members permitted by the principal
act of the consolidated or reorganized district, or any larger number
as may be specified by the local agency formation commission in
approving the consolidation or reorganization.
(c) In addition to the powers granted under Section 1780 of the
Government Code, in the event of a vacancy on the board of directors
of the consolidated district or a district reorganized as described
in subdivision (a) at which time the total number of directors is
greater than five, the board of directors may, by majority vote of
the remaining members of the board, choose not to fill the vacancy.
In that event, the total membership of the board of directors shall
be reduced by one board member. Upon making the determination not to
fill a vacancy, the board of directors shall notify the board of
supervisors of its decision.
(d) For the purposes of this section: "consolidation" means
consolidation, as defined in Section 56030 of the Government Code;
"district" or "special district" means district or special district,
as defined in Section 56036 of the Government Code; and
"reorganization" means reorganization, as defined in Section 56073 of
the Government Code.
6480.5. At any time within two years after a sanitary district
consolidates with or annexes the territory of a district having
powers and functions substantially identical to those of a sanitary
district formed pursuant to this part, the board of directors of the
sanitary district may, by resolution, increase the number of members
of the board from five to seven, and may designate the first two
additional members to serve on the enlarged board. If the board is
enlarged subsequent to the consolidation with, or the annexation of
the territory of, another district, the first two additional
directors so designated shall be resident voters of such consolidated
or annexed territory. The board shall determine the term of office
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of each of the new directors so appointed, but in no event shall such
term designated by the board be for more than four years. The terms
of office thus created shall be determined in such a manner as to
keep as nearly equal as practicable the number of directors to be
elected at each subsequent general district election. Upon the
expiration of such term so designated by the board, the membership
shall be filled at the next general district election and general
district elections held thereafter for the election of officers of
the district.
Any references to five members of the board in this part mean
seven members as applied to a board increased in size pursuant to
this section. In the same manner, references to three members mean
four members and to two members mean three members, and references to
a four - fifths vote mean a five - sevenths vote, as applied to an
enlarged board.
6480.7. If a consolidation involving the Capistrano Beach Sanitary
District and the Dana Point Sanitary District is approved, the board
of directors of the consolidated district shall initially consist of
10 members who shall be the members of the boards of directors of
the two districts as of the effective date of the consolidation.
Notwithstanding Section 56844 of the Government Code, those board
members shall determine within 60 days from the effective date of the
consolidation whether the board of directors shall consist of 5, 7,
9, or it members, and they shall further determine within that time
the persons who shall thereafter be members of the board of
directors. If those board members determine that the board of
directors shall consist of it members, they shall appoint the
eleventh member whose term shall be the same as the terms of the
members of the board of directors whose terms will first expire.
Upon making those determinations, the members so selected shall
notify by resolution the Board of Supervisors and the Registrar of
Voters of the County of Orange of the number of members and the names
of the persons who have been selected or appointed as members of the
board of directors, and of the expiration dates of their terms of
office. If that selection and appointment process is not completed
within 60 days of the effective date of the consolidation, the Board
of Supervisors of the County of Orange shall determine the number of
members of the board of directors and shall select the members of the
board of directors from among those 10 persons, or call a special
election for the election of the directors of the consolidated
district on the next available election date. In that event, those
10 persons shall serve as the board of directors until the results of
the special election are declared by the board of supervisors.
6481. The board is the governing power of the district, and
exercises all district powers, except the making of an assessment
roll in the first instance.
6482. Except as to those members of the board who are elected at
the election on formation, the term of office of each member of the
board is four years and each holds office until the election and
qualification of his successors or his resignation or termination of
residence within the district.
6483. Vacancies in the membership of the board shall be filled
pursuant to Section 1780 of the Government Code.
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6484. The members of the board elected at the election as a result
of which the district was organized or, if the district is
reorganized under this part, then the five members in office at the
time of the reorganization shall, at their first meeting, or as soon
thereafter as may be practicable, so classify themselves, by lot,
that they shall go out of office as follows:
(a) Two shall serve until the election held in the first
even - numbered year after the year in which the district is formed or
reorganized, and until the election and qualification of their
successors.
(b) Three shall serve until the second even - numbered year after
the district is formed or reorganized, and until the election and
qualification of their successors.
Notwithstanding any other provision of this part, except in
districts that consolidate the election of directors with the direct
primary election, the terms of office of members of the board in all
districts existing on January 1, 1967, shall be determined as
provided in Section 10507 of the Elections Code, and the terms of
office of members of the board in all new districts shall be
determined as provided in Section 10505 of the Elections Code.
6486. At its first meeting, or as soon thereafter as may be
practicable, the board shall choose one of its members as president,
and shall appoint a secretary who may be a member of the board.
6487. All contracts, deeds, warrants, releases, receipts, and
documents shall be signed in the name of the district by its
president, and countersigned by its secretary, except that the board
may, by resolution, authorize the district manager or other district
employees specified by the board to sign contracts, warrants,
releases, receipts, and similar documents in the name of the
district.
6488. The board shall hold such meetings, either in the day or in
the evening, as may be convenient.
In case of the absence or inability of the president or secretary
to act, the board shall choose a president pro tem., or secretary pro
tem., or both as the case may be.
6489. (a) Subject to subdivision (b), each of the members of the
board shall receive compensation in an amount not to exceed one
hundred dollars ($100) per day for each day's attendance at meetings
of the board or for each day's service rendered as a director by
request of the board, not exceeding a total of six days in any
calendar month, together with any expenses incident thereto.
(b) The district board, by ordinance adopted pursuant to Chapter 2
(commencing with Section 20200) of Division 10 of the Water Code,
may increase the compensation received by board members above the
amount of one hundred dollars ($100) per day.
(c) The secretary of the sanitary board shall receive compensation
to be set by the sanitary district board, which compensation shall
be in lieu of any other compensation to which he or she may be
entitled by reason of attendance at the meeting or meetings of the
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sanitary board.
(d) For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be
made pursuant to Article 2.3 (commencing with Section 53232) of
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
(e) Reimbursement for these expenses is subject to Sections
53232.2 and 53232.3 of the Government Code.
6490. (a) A general regulation of the board shall be entered in its
minutes, and shall be published once in a newspaper published in the
district, if there is one, and if not, then it shall be posted for
one week in three public places in the district.
(b) The publication or posting of general regulations, as required
by subdivision (a), may be satisfied by either of the following
actions:
(1) The board of directors may publish a summary of a proposed
regulation or ordinance or proposed amendment to an existing
regulation or ordinance. This summary shall be prepared by an
official designated by the board. A summary shall be published along
with the names of those board members voting for and against the
regulation or ordinance or amendment, and a certified copy of the
full text of the proposed regulation or ordinance or proposed
amendment to same shall be posted in the office of the clerk of the
board, along with the names of those board members voting for and
against the regulation, ordinance, or amendment.
(2) If the official designated by the board determines that it is
not feasible to prepare a fair and adequate summary of the regulation
or ordinance or amendment to same, and if the board so orders, a
display advertisement of at least one - quarter of a page in a
newspaper published in the district shall be published. The
advertisement shall indicate the general nature of, and provide
information about, the regulation, ordinance, or amendment, including
information sufficient to enable the public to obtain copies of the
complete text of the regulation or ordinance or amendment to same,
and the names of those board members voting for and against the
regulation, ordinance, or amendment.
(c) A subsequent order of the board that publication or posting
has been made is conclusive evidence that the publication or posting
has been properly made.
(d) A general regulation takes effect upon expiration of the week
of publication or posting.
6491. Unless otherwise provided by this part, orders not
establishing a general regulation need not be published or posted,
but shall be entered in the minutes and shall take effect upon
adoption.
6491.1.. The district board may, by general regulation, adopt codes
or specifications controlling the manner of construction, repair,
maintenance and operation of facilities referred to in Sections 6512
and 6522. Such codes or specifications need not be set out in full
in such general regulation but may be incorporated therein by
reference. Copies of such codes or specifications shall be available
for examination in the office of the secretary at all times.
6491.2. The district board may, by general regulation, adopt a code
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CA Codes (hsc:6480 -6501)
by reference in the same manner as legislative bodies of local
agencies are authorized to adopt primary and secondary codes by
reference pursuant to Section 50022.1 to 50022.8, inclusive, of the
Government Code, and for the purposes of such sections of the
Government Code the district board shall be deemed a legislative body
and the district shall be deemed a local agency.
Any code adopted by the district board, by reference, shall impose
restrictions equal to or greater than those imposed by the State
Housing Law, Part 1.5 (commencing with Section 17910), Division 13 of
this code, and the rules and regulations promulgated pursuant
thereto by the Commission of Housing and Community Development.
No penalty clauses or sanctions contained in any code adopted by
reference pursuant to this section shall be effective. .
Every person who violates any provision of a general regulation
adopted pursuant to this section or of a code adopted by reference in
such general regulation is guilty of a misdemeanor.
6491.3. Ordinances of the district may be enacted in the same
manner as general regulations of the board and shall have the same
force and effect as such general regulations.
6491.5. A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
Government Code.
6492. The board may instruct the district attorney of the county to
commence and prosecute any or all actions and proceedings necessary
or proper to enforce any of its regulations or orders, and may call
upon him for advice as to any sanitary subject; and the district
attorney shall obey the instructions and give advice when requested
by the board.
6492.5. The board may provide, by resolution, that the health
officer of the county in which the district is situated shall be the
health officer of the district. Upon the adoption of such
resolution, it shall be presented to the board of supervisors and, if
it is approved by the board of supervisors, such county health
officer shall become the ex officio health officer of the district
and it shall be his duty to give advice when requested by the board
and to aid the district in doing any act necessary or proper to the
complete exercise and effect of any of its powers, or for the
purposes for which it is formed.
6493. The board may at any time employ special counsel for any
purpose.
6494. There shall be an election for assessor in each even - numbered
year in which members of the board are elected, and at the same
time, place, and manner; provided, however, that if a district board
has elected to avail itself of the county assessment roll for
district taxation pursuant to Article 6 of Chapter 7 of this part, no
assessor shall thereafter be elected until it shall again elect the
use of its own tax roll.
The assessor holds office for two years, and until the election
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and qualification of his successor except that the first assessor
elected holds office until the election and qualification of his
successor.
If a vacancy occurs in the office of assessor, the board shall
appoint a suitable person to fill the vacancy until the next election
at which an assessor may be elected under this part.
6495. The assessor's duties are fixed by this part and he shall
perform such other duties as are ordered or required by the board.
6496. The assessor shall receive such compensation as shall be fixed
by the board.
6497. (1) The sanitary board of sanitary districts may classify all
the places of employment in or under the district, and in or under
all the offices and departments of the district, with reference to
the examinations hereinafter provided for. The places so classified
by the sanitary board may constitute the classified civil service of
the district, and no appointment to any such place shall be made
except according to the rules hereinafter mentioned.
(2) The sanitary board may make rules to carry out the purposes of
this section, and for examinations, appointments, promotions, and
removals, and may from time to time make changes in existing rules.
All rules and all changes therein shall be forthwith printed for
distribution by the sanitary board.
(3) The examinations shall be practical in their character, and
shall relate to those matters only which will fairly test the
relative capacity of the persons examined to discharge the duties of
the positions to which they seek to be appointed, and shall include,
when appropriate, tests of manual or professional skill. The
selection of laborers shall be governed by priority of application as
far as may be practicable. No questions in any examination shall
relate to political or religious opinions or affiliations. The
sanitary board shall control all examinations.
6499. Any county officer required to act as an officer of the
district and perform services for the district by virtue of his
office, or any county health officer who becomes the ex officio
health officer of the district pursuant to Section 6492.5, shall be
entitled to reimbursement from the district for the reasonable and
actual expenses incurred by him while acting on behalf of the
district, to be paid into the county treasury. The amount of such
reimbursement shall not exceed the actual expense which he incurred.
6500. If a district has a boundary which is contiguous to the
boundary of a city and the district has a contract with that city
under which the city is responsible for the operation and maintenance
of all facilities of the district, the governing board of the
district may, by a resolution adopted by a 4/5 vote of the board,
declare the board dissolved and thereafter the governing body of the
city shall be ex officio the governing board of the district.
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CA Codes (hsc:6480 -6501)
6501. By resolution, the board ma
Any name resulting from a change
District" or shall be a name that
the district. The change of name
certified copy in the office of th
counties in which the district is
y change the name
shall include the
is descriptive of
shall be effective
e county recorder
situated.
of the district.
words "Sanitary
the functions of
upon recording
of the county or
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CA Codes (wat:20200- 20207)
WATER CODE
SECTION 20200 -20207
20200. As used in this chapter, "water district" means any district
or other political subdivision, other than a city or county, a
primary function of which is the irrigation, reclamation, or drainage
of land or the diversion, storage, management, or distribution of
water primarily for domestic, municipal, agricultural, industrial,
recreation, fish and wildlife enhancement, flood control, or power
production purposes. "Water districts" include, but are not limited
to, irrigation districts, county water districts, California water
districts, water storage districts, reclamation districts, county
waterworks districts, drainage districts, water replenishment
districts, levee districts, municipal water districts, water
conservation districts, community services districts, water
management districts, flood control districts, flood control and
floodwater conservation districts, flood control and water
conservation districts, water management agencies, and water
agencies.
20201. Notwithstanding any other provision of law, the governing
board of any water district may, by ordinance adopted pursuant to
this chapter, provide compensation to members of the governing board,
unless any compensation is prohibited by its principal act, in an
amount not to exceed one hundred dollars ($100) per day for each day'
s attendance at meetings of the board, or for each day's service
rendered as a member of the board by request of the board, and may,
by ordinance adopted pursuant to this chapter, in accordance with
Section 20202, increase the compensation received by members of the
governing board above the amount of one hundred dollars ($100) per
day.
It is the intent of the Legislature that any future increase in
compensation received by members of the governing board of a water
district be authorized by an ordinance adopted pursuant to this
chapter and not by an act of the Legislature.
For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be
made pursuant to Article 2.3 (commencing with Section 53232) of
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
20201.5. Reimbursement for expenses of members of a governing board
of a water district is subject to Sections 53232.2 and 53232.3 of
the Government Code.
20202. In any ordinance adopted pursuant to this chapter to
increase the amount of compensation which may be received by members
of the governing board of a water district above the amount of one
hundred dollars ($100) per day, the increase may not exceed an amount
equal to 5 percent, for each calendar year following the operative
date of the last adjustment, of the compensation which is received
when the ordinance is adopted.
No ordinance adopted pursuant to this chapter shall authorize
compensation for more than a total of 10 days in any calendar month:
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20203. Any water district described in Section 20201 is authorized
to adopt ordinances pursuant to this chapter. No ordinance shall be
adopted pursuant to this chapter except following a public hearing.
Notice of the hearing shall be published in a newspaper of general
circulation pursuant to Section 6066 of the Government Code.
20204. An ordinance adopted pursuant to this chapter shall become
effective 60 days from the date of its final passage. The voters of
any water district shall have the right, as provided in this chapter,
to petition for referendum on any ordinance adopted pursuant to this
chapter.
20205. If a petition protesting against the adoption of the
ordinance is presented to the governing board of the water district
prior to the effective date of the ordinance, the ordinance shall be
suspended and the governing board shall reconsider the ordinance.
If the number of votes cast for all candidates for Governor at the
last gubernatorial election within the boundaries of the water
district exceeds 500,000, the ordinance is subject to referendum upon
presentation of a petition bearing signatures of at least 5 percent
of the entire vote cast within the boundaries of the water district
for all candidates for Governor at the last gubernatorial election.
If the number of votes cast for all candidates for Governor at the
last gubernatorial election within the boundaries of the water
district is less than 500,000, the ordinance is subject to referendum
upon presentation of a petition bearing signatures of at least 10
percent of the entire vote cast within the boundaries of the water
district for all candidates for Governor at the last gubernatorial
election.
20206. If the governing board does not entirely repeal the
ordinance against which a petition is filed, the governing board
shall submit the ordinance to -the voters either at a regular election
or a special election called for the purpose. The ordinance shall
not become effective unless and until a majority of the votes cast at
the election are cast in favor of it. If the ordinance is not
approved by the voters, no new ordinance may be adopted by the
governing board pursuant to this chapter for at least one year
following the date of the election.
20207. Except as otherwise provided in this chapter, the provisions
of the Elections Code applicable to the right of referendum on
legislative acts of districts shall govern the procedure on
ordinances against which a petition is filed.
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Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 11, 2007 No.: 9.a. ENGINEERING
Type of Action: AUTHORIZE AGREEMENT
subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT
WITH WENDEL ROSEN BLACK AND DEAN TO PROVIDE PROFESSIONAL LEGAL
SERVICES FOR THE NORTH ORINDA PHASE II SEWER REHABILITION
PROJECT AND EASEMENT ACQUISITION, DISTRICT PROJECTS 5968 AND 8179
Submitted By: Initiating Dept. /Div.:
Curtis W. Swanson, Division Manager Engineering /Environmental Services Division
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
ov ,rr — OW&
0A
C. Swanson A. Farrell K. Alm James M. Kelly
eneral Manager
ISSUE: The Board of Directors' approval is required for professional legal services
agreements over $25,000.
RECOMMENDATION: Authorize the General Manager to execute an agreement with
Wendel Rosen Black and Dean to provide professional legal services for the North
Orinda Phase II Sewer Rehabilitation Project and the Easement Acquisition Project,
District Projects 5968 and 8179.
FINANCIAL IMPACTS: The estimated cost of the legal services to be provided under
this agreement is $100,000.
ALTERNATIVES /CONSIDERATIONS: The legal services for the sewer renovation and
easement acquisition projects could be provided by another legal firm or firms.
BACKGROUND: The District must have adequate property rights to proceed with
collection system renovation and other projects. These property rights include
easements, temporary construction easements, rights of entry, and encroachment
permits. These property rights are usually obtained from property owners by District
staff and right -of -way consultants during the design of sewer renovation projects. The
necessary property rights must be acquired before construction can begin.
Staff needs legal advice at certain times during the easement acquisition process.
Typically, this legal advice includes interpretation of existing easement rights, document
preparation, and document review. However, if negotiations are unsuccessful, some
property rights may need to be acquired through the eminent domain process. This
process usually requires a significant legal effort.
WENVRSEMPosition Papers \Swanson\2007 \Wendel Rosen Agreement 1- 11- 07.DOC
POSITION PAPER
Board Meeting Date: January 11, 2007
Subject. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT
WITH WENDEL ROSEN BLACK AND DEAN TO PROVIDE PROFESSIONAL LEGAL
SERVICES FOR THE NORTH ORINDA PHASE II SEWER REHABILITION
PROJECT AND EASEMENT ACQUISITION, DISTRICT PROJECTS 5968 AND 8179
The North Orinda Phase II Sewer Rehabilitation Project is a project under the Collection
System Renovation Program that is scheduled for construction during 2007. To
proceed with this project, the District needs to obtain additional permanent or temporary
easements from 23 property owners. While staff expects negotiations to be successful
with most of the property owners, staff expects that the District will have to use eminent
domain proceedings with at least one property owner and perhaps as many as three
owners.
To provide the professional legal services for the North Orinda and Easement
Acquisition projects, staff requested proposals from several legal firms that practice real
estate and property rights law. Four legal firms submitted proposals. After reviewing
the proposals, staff selected Wendel Rosen Black and Dean based on experience, and
proposed staff. The hourly rates for all firms were similar.
Staff has negotiated an agreement with Wendel Rosen Black and Dean for $100,000 to
provide legal services related to property acquisition, including condemnation, for the
North Orinda Phase II Sewer Rehabilitation Project, District Project 5968, and District
Easement Acquisitions Project, District Project 8179. Wendel Rosen Black and Dean
will coordinate with District Counsel on legal approaches related to property rights
acquisition for these two District project.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute an
agreement with Wendel Rosen Black and Dean to provide professional legal services
for the North Orinda Phase II Sewer Rehabilitation Project and the Easement
Acquisitions Project, District Projects 5968 and 8179.
N: \ENVRSEC \Position Papers \Swanson\2007 \Wendel Rosen Agreement 1- 11- 07.DOC
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 11, 2007 No.: 9.b. ENGINEERING
Type of Action: AUTHORIZE AGREEMENT AMENDMENT
subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AMENDMENT
TO AN AGREEMENT WITH ATI ARCHITECTS AND ENGINEERS FOR
ADDITIONAL PROFESSIONAL SERVICES IN CONNECTION WITH THE STANDBY
POWER FACILITY IMPROVEMENTS PROJECT, DISTRICT PROJECT 7248
Submitted By. Initiating Dept. /Div.:
Tom Godsey, Associate Engineer Engineering /Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
�T
T. Godsey B. Than T. cki A. Farrell mes M. Kelly,
60erieral Manager
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 an
agreement with ATI Architects and Engineers (ATI) for additional professional services
in connection with the Standby Power Facility Improvements Project, District Project
7248.
FINANCIAL IMPACTS: The amount of the recommended revision to the agreement
is $140,000, which will increase the current agreement to $270,000. The proposed
improvements to the standby power system will increase the estimated total project cost
to $2,300,000, an increase of $800,000.
ALTERNATIVES /CONSIDERATIONS: Alternatives to the authorization for the
additional professional services for an agreement would be:
Not to perform the additional work — this is not recommended because this will
adversely affect the performance of the new standby power generators and
associated equipment.
2. Utilize another engineering consultant to perform the work — this is not
recommended because ATI has shown satisfactory progress in the design, and
has acquired extensive background and knowledge on the project.
BACKGROUND: The Standby Power Facility was built in 1993 and equipped with two
Detroit Diesel 1.5 megawatt diesel engine generators. The California Air Resources
Board has recently restricted allowable particulate emissions from diesel engines for
NAPESUP \Position Papers \Godsey \7248 -PP- Contract.doc Page 1 of 3
POSITION PAPER
Board Meeting Date: January 11, 2007
subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AMENDMENT
TO AN AGREEMENT WITH ATI ARCHITECTS AND ENGINEERS FOR
ADDITIONAL PROFESSIONAL SERVICES IN CONNECTION WITH THE STANDBY
POWER FACILITY IMPROVEMENTS PROJECT, DISTRICT PROJECT 7248
non - emergency operations. The new restrictions will not allow acceptable operations
and maintenance testing of the Standby Power Facility with the existing engines.
The Board, at its September 1, 2005 meeting, authorized the General Manager to enter
into a professional services agreement with ATI for the design of the Standby Power
Facility Improvements Project This agreement for professional services was entered
into on September 19, 2005 and specified design of two 4160 -volt standby engine
generator units with no significant building or cable upgrades.
Due to additional scope items and changes in the original design approach which were
recommended following the complete loss of power to the treatment plant on October
14, 2006, additional funds are needed to complete the design. The additional scope
items will improve the dependability of the plant power system.
During the October 14th power outage, staff learned that 4160 step -up transformers are
not readily available for rent (one in Northern California). By switching the design from
the original two 2.0 megawatt 4160 volt engine generators to two 2.0 megawatt 12
kilovolt units the availability issue is eliminated. In addition, this change will make the
power transmission system simpler and more reliable by eliminating the transformer
needed to match the voltage of the power generated to the 12 kV transmission voltage.
Utilizing 12 kV standby engine generators will also enhance electrical paralleling
between standby power, the cogeneration system, and PG &E power. Accommodating
the larger footprint 12 kV engine generators will require some modifications to the
existing building. At the same time, improved seismic bracing will be added which was
not included in the original scope. The cost to switch generators and provide seismic
upgrades to the building is estimated at $400,000.
Finally, because the size of the generators is being increased from the existing 3.2
mega watts to 4.0 mega watts, the sizing /condition of some of the conductors feeding
the various substations must be checked. Many of these conductors are aluminum and
are past their recommended service life. Replacing them with properly sized copper
feeders is one more item that has been added to the original scope to improve the
overall reliability of the standby power system. If the conductors need to be replaced,
the estimated cost is $400,000, bringing the total increase for all changes to $800,000
(revised total project cost of $2,300,000).
Because of their satisfactory performance to date and extensive working knowledge of
the system, staff recommends amending the ATI agreement to include this additional
work. Staff has negotiated an amendment with ATI in the amount of $140,000 to
complete the additional tasks. This brings the total agreement amount with ATI to
$270,000.
NAPESUP \Position Papers \Godsey \7248 -PP- Contract.doc Page 2 of 3
POSITION PAPER
Board Meeting Date: January 11, 2007
Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AMENDMENT
TO AN AGREEMENT WITH ATI ARCHITECTS AND ENGINEERS FOR
ADDITIONAL PROFESSIONAL SERVICES IN CONNECTION WITH THE STANDBY
POWER FACILITY IMPROVEMENTS PROJECT, DISTRICT PROJECT 7248
At its September 1, 2005 meeting, the Board independently found this project to be
exempt from the California Environmental Quality Act.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute an
amendment to an agreement with ATI Architects and Engineers for additional
professional services in connection with the Standby Power Facility Improvements
Project, District Project 7248.
NAPESUP \Position Papers \Godsey \7248 -PP- Contract.doc Page 3 of 3
CENTRAL CONTRA COSTA SANITARY DISTRICT
FACILITIES FINANCING AUTHORITY
ANNUAL MEETING
JANUARY 11, 2007
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. PUBLIC COMMENTS
4. ELECTION OF OFFICERS
a. Election of Officers pursuant to Article III, Section 2 of the Bylaws as
follows:
1) Appoint President of the Authority (Chair of the Budget and
Finance Committee of the District Board of Directors);
2) Appoint Vice President of the Authority (remaining Member of the
Budget and Finance Committee of the District Board of Directors);
3) Appoint Executive Director of the Authority (General Manager of
the District);
4) Appoint Treasurer of the Authority (Controller of the District); and
5) Appoint Secretary of the Authority (Secretary of the District).
5. APPROVAL OF MINUTES
a. Approve Minutes of January 12, 2006.
6. BUDGET AND FINANCE
a. The Treasurer of the Authority will present Financial Status Report for
2006.
7. OTHER BUSINESS RELATING TO MATTERS ABOVE
8. ADJOURNMENT
a. Adjourn annual meeting of the Authority and reconvene as the Board of
Directors of the Central Contra Costa Sanitary District.
MINUTES OF THE ANNUAL MEETING OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
FACILITIES FINANCING AUTHORITY
HELD ON JANUARY 12, 2006
At 4:04 p.m., President Menesini adjourned the Special Board Meeting and Member
Lucey, Chair of the Central Contra Costa Sanitary District ( CCCSD) Facilities Financing
Authority, convened the annual meeting of the CCCSD Facilities Financing Authority.
Chair Lucey requested that the Secretary call roll.
PRESENT: Directors: Menesini, Boneysteele, Nejedly, Hockett, Lucey
ABSENT: Directors: None
Chair Lucey requested public comments, and noted that there were none.
Chair Lucey stated that in accordance with the Bylaws of the Authority, it would be
appropriate to elect officers at this time.
By unanimous acclamation pursuant to Article III, Section 2 of the Bylaws, the following
slate of officers shall be elected for 2006:
1) Chair of the Authority shall be Director Gerald R. Lucey, Chair of the
Budget and Finance Committee of the District Board of Directors;
2) Vice Chair of the Authority shall be Director Parke L. Boneysteele, the
remaining member of the Budget and Finance Committee of the District
Board of Directors;
3) Executive Director of the Authority shall be Mr. Charles W. Batts, General
Manager of the District;
4)- Treasurer of the Authority shall be Ms. Deborah Ratcliff, Controller of the
District; and
5) Secretary of the Authority shall be Ms. Elaine R. Boehme, Secretary of the
District.
It was moved by Chair Lucey and seconded by Director Boneysteele that the minutes of
the CCCSD Facilities Financing Authority annual meeting of January 13, 2005, be
approved as presented. Motion passed by unanimous vote of the Authority.
Ms. Deborah Ratcliff, Treasurer of the Authority, reported that in December 1994
Certificates of Participation were issued in the amount of $25 million for a 20 -year
period. In October 1998 revenue bonds were issued to refund all outstanding debt at
3.5 percent to 4.7 percent interest. There are ten remaining years of debt service on
the 1998 Revenue Bonds. The outstanding balance as of June 30, 2005 is $17,945,000
and the debt service paid in 2005 was $2,219,000.
She stated that, in May 2002, Revenue Installment Certificates in the amount of
$16,565,000 were issued with a 20 -year term and interest rates ranging from 4 percent
to 5 percent. Debt service in 2005 was $1,296,000. The outstanding balance as of
June 30, 2005 is $16,000,000.
Chair Lucey thanked Ms. Ratcliff for her report.
There being no further business to come before the Board, Chair Lucey adjourned the
annual meeting of the CCCSD Facilities Financing Authority at the hour of 4:07 p.m.
and turned the meeting back to President Menesini.