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HomeMy WebLinkAbout08/09/2007 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 1007 No.: 4.d. Consent Calendar Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM CONTRA COSTA RE INVESTORS, LLC. FOR AN EASEMENT SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION 8331 IN THE INTERVENING PROPERTIES OFF CAMINO TASSAJARA, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5820 — PARCEL 2 *) Submitted By: Initiating Dept /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION. �-& AAV W' 4e, M. Mullin J. Miyamoto -Mills C. Swanson A. Fa II James . Kelly Genera Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: This easement was acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement shown on the recorded final map of Subdivision 8331 that is required for a recent public sewer extension off Camino Tassajara in the Intervening Properties area on the Danville -San Ramon border (as shown on Attachments 1 through 3). Staff has reviewed the final subdivision map, inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an Offer of Dedication from Contra Costa RE Investors, LLC, for an easement shown on the recorded final map of Subdivision 8331 in the Intervening Properties area between Danville and San Ramon, accepting Job 5820 public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. *Easement parcel numbers are for internal job log use only N: \ENVRSEC \Position Papers \Mullin\2007 \5820 PP Contra Costa RE Investors 8- 9- 07.doc 197-11ZkhIN4q rn Cn r � `SAN RAMON 6 O J m\ s� m \ o LOCATION MAP N. T. S. Central Contra Costa Sanitary District 0", CAMINO TASSAJARA 1 I I I I I I `.1, N Q i 1 1 I I I I I ACCEPT EASEMENT JOB 5820 - PARCEL 2 Attachment 1 DANVILLE m m O rgssq Jq DANVILLE ^� LA1N EN E RD M RD SAN RAMON �c ` I' LOCATION MAP I I N. T. S. I I I �I zI 1 ml �I 01 C/)I 0 cn �I I I I LEGEND: .--�— EXISTING SEWER NEW SEWER EASEMENT AREA N Central Contra Costa Sanitary District ACCEPT EASEMENT Attachment JOB 5820 - PARCEL 2 3 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 2007 No.: 4.e. Consent Calendar Type of Action: ADOPT RESOLUTIONS subject: ADOPT RESOLUTIONS ACCEPTING A GRANT OF EASEMENT (DISTRICT PROJECT 5759 — PARCEL 7 *) AND AUTHORIZING EXECUTION OF A QUITCLAIM DEED TO LAURA T. ABRAMS AND JOEL SHEIMAN (14 LA BOLSITA WAY, ORINDA, DISTRICT PROJECT 1560 — PARCEL 91'), AND RECORDING OF THE DOCUMENTS Submitted By: Initiating Dept/Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION. Ts iov. . Mullin J. Miyamoto -Mills eUNv - ow Swanson A. Farrell mes ' Kelly ener Manager ISSUE: A resolution of the Board of Directors is required to accept or quitclaim easements and record documents. RECOMMENDATION: Adopt resolutions accepting a Grant of Easement and authorizing execution of a Quitclaim Deed and recording of the documents. FINANCIAL IMPACTS: Five hundred dollars ($500) was paid for the new easement. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: Laura Abrams and Joel Sheiman, the owners of the property at 14 La Bolsita Way, Orinda, cooperated with the District to change the alignment of the public sewer on their property when it was replaced under District Project 5759, North Orinda Sewer Renovations, Phase 1. This change is shown in Attachment 1. The original sewer has been abandoned, and an easement has been granted for the new sewer. RECOMMENDED BOARD ACTION: Adopt resolutions accepting a Grant of Easement and authorizing the President of the Board of Directors and the Secretary of the District to execute a Quitclaim Deed to Laura T. Abrams and Joel Sheiman, and recording of the documents with the Contra Costa County Recorder. *Easement parcel numbers are for internal job log use only. N: \ENVRSEC \Position Papers \Mullin\2007 \5759 PP Abrams Sheiman GOE Quitclaim 8- 9- 07.doc LOLO A ABANDON SEWER AND QUITCLAIM EX. EASEMENT i n LEGEND: VISTA i pR / i / I I I I --�- NEW SEWER -�- EXISTING SEWER Central Contra Costa Sanitary District SI Prepared by Engineerinq Support Sectir N S I 530 ACCEPT NEW 5' EASEMENT Q 4-1 SITE 24 ORINDA MAP N 0 so 120 FEET ACCEPT DP 5759 - PARCEL 7 QUITCLAIM DP 1560 - PARCEL 91 Attachment 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 2007 No.: 4.f. Consent Calendar Type of Action: ADOPT RESOLUTIONS subject: ADOPT RESOLUTIONS ACCEPTING AN OFFER OF DEDICATION FROM OSTROSKY ENTERPRISES FOR AN EASEMENT SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION 8263 IN THE ALAMO AREA (JOB 5626 — PARCEL 2 *), ACCEPTING PUBLIC SEWER IMPROVEMENTS, AUTHORIZING EXECUTION OF A QUITCLAIM DEED (JOB 3542 - PARCEL 8 *) TO ALAMO GARDENS LLC, AND AUTHORIZING RECORDING OF THE DOCUMENTS Submitted By: Initiating Dept /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: M. Mullin J. Miyamoto Mills C. Swanson A. Farrell a s M. Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept or quitclaim easements and record documents. RECOMMENDATION: Adopt resolutions accepting an Offer of Dedication and public sewer improvements, and authorizing execution of a Quitclaim Deed and recording of the documents. FINANCIAL IMPACTS: These easements were acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolutions will 1) accept an easement shown on the recorded final map of Subdivision 8263 that is required for a recent public sewer extension off Livorna Road in the Alamo area, and 2) quitclaim the portion of the existing sewer easement replaced by the new easement (as shown on Attachment 1). RECOMMENDED BOARD ACTION: Adopt resolutions accepting an Offer of Dedication from Ostrosky Enterprises, for an easement shown on the recorded final map of Subdivision 8263 in the Alamo area, accepting Job 5626 public sewer improvements, and authorizing the President of the Board of Directors and the Secretary of the District to execute a Quitclaim Deed to Alamo Gardens LLC on behalf of the District, and recording of the documents with the Contra Costa County Recorder. *Easement parcel numbers are for internal job log use only. N: \ENVRSEC \Position Papers \Mullin\2007 \5626 3542 PP Ostrosky Ent 8- 9- 07.doc RUDGEAR SITE f ..._. �,vpRNp RD / J ALAMO y F -" NE VALLEY R4 �<) N i -; LOCATION MAP N. T. S. F Cr C O D r O D n v /.I It ' Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 2007 Type of Action: APPROVE PROJECT NO.: 4.g. Consent Calendar subject: APPROVE THE A -LINE RELIEF INTERCEPTOR, PHASE 2A, DISTRICT PROJECT 5980 FOR CEQA/PERMITTING PURPOSES Submitted By: Initiating Dept./Div.: Alex Rozul, Senior Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: A. R6jul T. i cki A. Farrell J s M. Kelly, General Manager ISSUE: Board approval of the A -Line Relief Interceptor, Phase 2A, District Project 5980, is required prior to the filing of a Notice of Determination under the District's California Environmental Quality Act (CEQA) Guidelines. RECOMMENDATION: Approve the A -Line Relief Interceptor, Phase 2A, District Project 5980, with the condition that CCCSD will not award construction of the recycled water line portion unless an agreement is reached with the Contra Costa Water District (CCWD) on backflow protection that provides for a cost - effective project. FINANCIAL IMPACTS: The total project cost is anticipated to be $20,000,000, however, the proposed action only approves the project to complete the CEQA process and permitting, and does not award a construction contract. ALTERNATIVES /CONSIDERATIONS: The Board of Directors may delay or decline to approve the project. If the relief interceptor is not constructed, the City of Concord will not be able to replace their deteriorating sewer force main and pumping station with a gravity sewer. BACKGROUND: The A -Line Relief Interceptor, Phase 2A, is a joint project with the City of Concord. The proposed project consists of two components: 1) construction of approximately 3,100 linear feet of 96 -inch diameter concrete sewer pipe (the A -Line Relief Interceptor) and 8 -inch diameter recycled water main through Buchanan Field Golf Course and across Concord Avenue, and 2) construction of approximately 1,455 linear feet of 48- and 72 -inch diameter pipelines from the Concord Pumping Station to the proposed A -Line Relief Interceptor pipeline at the Meridian Park Boulevard /Galaxy Way intersection, including parallel 48 -inch diameter gravity flow sewer pipelines crossing beneath the Walnut Creek Channel for approximately 400 feet to replace an existing force main. NAPESUP\Cbradley \Position Papers \Rozul \5980 - Approve A- Line -CEQA PP.doc Page 1 of 2 POSITION PAPER Board Meeting Date: August 9, 2007 sub /ect: APPROVE THE A -LINE RELIEF INTERCEPTOR, PHASE 2A, DISTRICT PROJECT 5980 FOR CEQA/PERMITTING PURPOSES Due to some unresolved issues between CCCSD and CCWD regarding the need for single or double check valves for backflow protection, staff of both agencies have proposed that CCCSD's Board approve the recycled water portion of this project on the condition that CCCSD not award construction of the recycled water line portion unless an agreement is reached with CCWD on the details of the individual connections that provide for a cost - effective project. This condition is included in the Recommended Board Action. The improvements to the A -Line Relief Interceptor, Phase 2A, are included in the fiscal year 2007 -2008 Capital Improvement Budget (CIB) on pages 76 -78. Staff has conducted a cash -flow analysis of the Collection System Program and concluded that adequate funds are available for this project. On May 24, 2007, the Board conducted a public hearing on and considered comments to the Mitigated Negative Declaration for the A -Line Relief Interceptor Project, DP 5980. The proposed Mitigated Negative Declaration concluded that there is no substantial evidence before the District that the proposed project would have significant effects on the environment. Mitigation measures have been incorporated into the project to reduce any effects to less- than - significant levels. The Board adopted a resolution approving the proposed Mitigated Negative Declaration. To date, no additional public comments have been received. RECOMMENDED BOARD ACTION: Approve the A -Line Relief Interceptor, Phase 2A, District Project 5980, with the condition that CCCSD will not award construction of the recycled water line portion unless an agreement is reached with CCWD on backflow protection that provides for a cost - effective project, and direct staff to file a Notice of Determination with the Contra Costa County Clerk. NAPESUP\Cbradley \Position Papers \Rozu1\5980 - Approve A- Line -CEQA PP.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 2007 No.: 4.h. Consent Calendar Type of Action: ACCEPT CONTRACT WORK/AUTHORIZE FILING OF THE NOTICE OF COMPLETION subject: ACCEPT THE CONTRACT WORK FOR THE ACACIA PUMPING STATION UPGRADES PROJECT, DISTRICT PROJECT 5933, AND AUTHORIZE FILING THE NOTICE OF COMPLETION Submitted By: Initiating Dept /Div.: Sasha Mestetsky, Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: ��j �C S. Me etsky A. Antkowiak . i ecki A. Farrell Ja s M. Kelly, Ge eral Manager ISSUE: Construction has been completed on the Acacia Pumping Station Upgrades Project, District Project 5933, and the work is now ready for acceptance. RECOMMENDATION: Accept the contract work for the Acacia Pumping Station Upgrades Project, DP 5933, 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 3093. BACKGROUND: This packaged pumping station was identified in the 1989 Pumping Station Master Plan as having antiquated electrical systems that are difficult to maintain and have surpassed their useful lives. Additionally, this station is located in the East Bay Municipal Utility District (EBMUD) drinking watersheds where reliable operation is critical. This project upgraded mechanical and electrical equipment at the Acacia Pumping Station to prevent overflows, which will reduce operations and maintenance (O &M), and increase operating efficiency. On November 16, 2006, the Board of Directors authorized the award of a contract for the construction of the project to Fort Bragg Electric, Inc. The Notice to Proceed was issued on February 15, 2007. The construction work was substantially completed on July 18, 2007. The remaining items of work consist of minor punch -list items, which do not affect the project acceptance. N: \PESUP \Cbradley \Position Papers \Mestetsky \5933- AcceptContractWork PP.doc Page 1 of 2 POSITION PAPER Board Meeting Date: August 9, 2007 subject: ACCEPT THE CONTRACT WORK FOR THE ACACIA PUMPING STATION UPGRADES PROJECT, DISTRICT PROJECT 5933, AND AUTHORIZE FILING THE NOTICE OF COMPLETION The total authorized budget for this project is $359,700. 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 Acacia Pumping Station Upgrades Project, District Project 5933, and authorize the filing of the Notice of Completion. NAPESUP\Cbradley \Position Papers \Mestetsky \5933- AcceptContractWork PP.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 2007 No.: 4.i. Consent Calendar Type of Action: AUTHORIZE CONSULTANT SERVICES AGREEMENT REVISION subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT WITH WHITLEY BURCHETT AND ASSOCIATES TO INCREASE THE COST CEILING BY $30,000 FOR 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. hJ6,%4 r,qfD �4- 9 Pak S. M Y stetsk A. Antkowiak T.iilecki A. Farrell am M. Kelly, en ral 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 $129,800 for construction support services for the Lower Orinda Pumping Station Upgrades - Phase 2 Project. FINANCIAL IMPACTS: Approximately $1,008,300 including design, bid price, contingency, and construction management. ALTERNATIVES /CONSIDERATIONS: An alternative would be to provide construction support services by District staff, or retain another consulting engineer. However, this project requires the specialized expertise of Whitley Burchett and Associates, the design engineer. BACKGROUND: The Lower Orinda Pumping Station Renovation - Phase 2, DP 5944, will provide a number of upgrades to the Lower Orinda Pumping Station that will enhance the station's reliability, maintainability, and safety. On April 5, 2007, the District's Board of Directors awarded a construction contract in the amount of $579,000 to GSE Construction Company, Inc., and authorized execution of contract documents for construction of the Lower Orinda Pumping Station - Phase 2 Project. The construction of the project has already started, and District staff is performing construction administration, inspection, survey, office engineering, and review of selected submittals. Some submittals and requests for information require specialized expertise. Since Whitley Burchett and Associates performed satisfactorily during the N: \PESUP \Cbradley \Position Papers \Mestetsky \5944 - LOPS 2 Add W &B.doc Page 1 of 2 POSITION PAPER Board Meeting Date: August 9, 2007 subject:: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT WITH WHITLEY BURCHETT AND ASSOCIATES TO INCREASE THE COST CEILING BY $30,000 FOR THE LOWER ORINDA PUMPING STATION UPGRADES - PHASE 2, DISTRICT PROJECT 5944 design, and is very familiar with the project, staff requests approval of an amendment to the existing consulting agreement with Whitley Burchett and Associates. On January 11, 2007, the Board authorized agreement with Whitley Burchett and Associates in an amount of $90,000 for the design services for the Lower Orinda Pumping Station Upgrades - Phase 2, DP 5944. An additional $9,800 has been authorized by staff for construction support services, bringing the agreement total to $99,800. This amendment, in an amount of $30,000, will bring the total agreement cost to $129,800. The Lower Orinda Pumping Station Renovation - Phase 2 Project is included in the fiscal year 2007 -2008 Capital Improvement Budget (CIB) on pages CS -98 through CS -100. The environmental effects of this project were addressed in the Lower Orinda Pumping Station Improvement Project Negative Declaration approved by the Board of Directors on September 2, 1999. RECOMMENDED BOARD ACTION: 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 $129,800 for the Lower Orinda Pumping Station Upgrades - Phase 2, District Project 5944. WPESUP\Cbradley \Position Papers \Mestetsky \5944 - LOPS 2 Add W &B.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 2007 No.: 4.j. Consent Calendar Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION UPDATING CCCSD'S CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES Submitted By: Russell B. Leavitt, Engineering Assistant III REVIEWED AND RECOMMEND D FOR BOARD ACTION: R. Leavitt C. Swanson A. Farrell Initiating Dept. /Div.: Engineering /Environmental Services P96 K. Alm S& Jam M. Kelly Gene I Manager ISSUE: Periodic updating CCCSD's CEQA Guidelines is required to ensure consistency with state law and the state CEQA Guidelines. This is an appropriate time to update CCCSD's CEQA Guidelines. RECOMMENDATION: Adopt a resolution revising CCCSD's California Environmental Quality Act (CEQA) Guidelines. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: Defer adoption and direct staff to revise the resolution to address Board concerns. BACKGROUND: All public agencies within California are statutorily required to adopt local guidelines for evaluating projects under the California Environmental Quality Act (CEQA). The local procedures must be consistent with state law and the CEQA Guidelines adopted by the State Resources Agency. The state has adopted comprehensive guidelines that specifically set forth the procedures to be followed in implementation of CEQA. The state guidelines are periodically supplemented and amended. Since the last revision of CCCSD's local guidelines in 2001, changes have been made to the state CEQA Guidelines. Accordingly, it is appropriate that CCCSD's local guidelines be revised to be consistent with the current State Guidelines. In 2001, to streamline the local guideline update process, CCCSD amended the District Code to allow the Board to adopt future local guideline amendments by resolution instead of by ordinance. In the attached resolution, staff proposes to update CCCSD's CEQA Guidelines to incorporate by reference the currently applicable state CEQA Guidelines, while maintaining the existing, customized procedures that are specific to the operation of CCCSD and examples of specific CCCSD activities that fall within the exempted classes of projects. RECOMMENDED BOARD ACTION: Adopt a resolution to update CCCSD's CEQA Guidelines. N: \ENVRSEC \Position Papers \Leavitt\2007 \PP Res Updating CEQA Guidelines 8- 9- 07.doc RESOLUTION NO. 2007- A RESOLUTION ADOPTING PROCEDURES TO BE USED BY CENTRAL CONTRA COSTA SANITARY DISTRICT (CCCSD) IN THE ADMINISTRATION OF ITS RESPONSIBILITIES UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND ADOPTING THE AMENDED STATE CEQA GUIDELINES BY REFERENCE WHEREAS, the Central Contra Costa Sanitary District (CCCSD) is required to adopt guidelines identifying procedures for administering its responsibilities under the California Environmental Quality Act (CEQA); and WHEREAS, amendments to the State CEQA Guidelines through 1999 allow local agencies greater control and certainty in the CEQA process; and WHEREAS, CCCSD may adopt CEQA procedures that take advantage of the recent Guideline amendments by incorporating by reference and adopting specific procedures that tailor the Guidelines to CCCSD's operations; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: Section 1. CEQA Guidelines Adopted Pursuant to provisions of Public Resources Code Section 21082 and State CEQA Guidelines Section 15022(d), the State CEQA Guidelines and amendments effective as of July 11, 2006; and found in Title 14, Section 15000, et seq. of the California Code of Regulations are hereby adopted and by this reference incorporated into this Resolution as though fully set forth herein. Section 2. Delegation to General Manager The following delegation of responsibility is made pursuant to Section 15025 of the Guidelines. A. The General Manager of CCCSD or his or her designee, shall be responsible for the following functions: 1. Initially determining whether a project is exempt from CEQA procedures, and recommending that the Board adopt the exemption. 2. Conducting an initial study and deciding whether to prepare a draft EIR or Negative Declaration as appropriate for proposed CCCSD projects. 3. Preparing a Negative Declaration or EIR as appropriate for CCCSD - proposed projects. Page 1 of 5 4. Evaluating and preparing responses to comments on proposed CCCSD projects for which CEQA requires publication, assessment, or opportunity to comment. 5. Filing of notices for proposed CCCSD projects for which CEQA requires public notification. 6. Consulting with and obtaining comments from other public agencies and members of the public, as the General Manager or his or her designee deems appropriate and as required by law, with regard to the environmental effects of projects. 7. Requesting shortened review periods for documents submitted to the State Clearinghouse for review. 8. Providing adequate comments on environmental documents that CCCSD receives for review. 9. Initially determining a threshold of significance consistent with Section 15064.7 for evaluating a proposed activity's effect on the environment when, in his or her opinion, substantial evidence supports such a threshold, and recommending that the Board adopt the threshold of significance by resolution. Section 3. Specific CEQA Exemptions A. CCCSD hereby determines that many of the actions and responsibilities that CCCSD routinely undertakes are ministerial as defined in Section 15369 of the Guidelines and exempted from the CEQA process separate from those projects set forth in the Guidelines. These ministerial actions include, but are not limited to, the issuance of Wastewater Utility Service Permits, Contractor's Permits, Homeowner's Permits and Recycled Water User Contracts. The General Manager of CCCSD may, in his or her discretion, determine on a case -by -case basis that other CCCSD actions are ministerial and not subject to CEQA procedures, which determination may be followed by a concurring resolution of CCCSD's Board. B. CCCSD hereby determines that CEQA procedures do not apply to projects of less than one (1) mile in length within any public right -of -way for the installation, maintenance, repair, restoration, reconditioning, replacement, removal or demolition of sewer pipelines and other subsurface facilities, not including any surface facilities related to the operation of the underground facilities. C. CCCSD hereby determines that CEQA procedures do not apply to the establishment, modification, structuring, restructuring or approval of rates, tolls, fares or other CCCSD charges to maintain service within the existing service area. Rate increases to fund capital projects for the expansion of CCCSD's wastewater conveyance or treatment and recycled water production or distribution facilities within the existing service area also would be exempt, although the capital project being funded may still be subject to CEQA. Rate increases to fund capital projects for expansion of CCCSD's facilities beyond the extent of the collection service boundaries Page 2 of 5 would not be exempt. Pursuant to CEQA Guidelines Section 15273, CCCSD shall incorporate written findings in the record of any proceeding in which this exemption is claimed, which shall set forth with specificity the basis of the exemption. D. CCCSD Board hereby determines that Class 1 exempt activities pursuant to CEQA Guidelines Section 15301 include the operations, activities, repair, maintenance, permitting, leasing, licensing or minor alteration of CCCSD's administrative facilities, wastewater treatment plant, sewers and appurtenances, pumping stations and appurtenances, recycled water facilities, and household hazardous waste collection facility so long as such operation or activity involves negligible or no expansion of use beyond that previously existing at the time of proposal. Further, CCCSD's Board hereby determines that the following activities involve negligible or no expansion of use beyond that previously existing: Non - growth related capacity increases to accommodate wet weather flows; 2. Non - growth related capacity increases to meet minimum CCCSD pipe diameter or pump size standards, or to accommodate re- routing of local flows; 3. Non - growth related capacity increases to reduce maintenance requirements or hydraulic deficiencies; 4. Non - growth related capacity increases for emergency standby purposes; 5. Purchases or real property with little or no change in land use, so long as the purpose for the property acquisition is to provide buffer space between CCCSD facilities and other sensitive or incompatible land uses. E. CCCSD's Board hereby determines that Class 2 exempt activities pursuant to CEQA Guidelines Section 15302 include the replacement or reconstruction of existing facilities comprising CCCSD's wastewater treatment plant, sewers and appurtenances, pumping stations and appurtenances, and recycled water facilities, so long as such replacement or reconstruction is for structures or facilities where the new structure or facility will be located on substantially the same site as the old, and will have the same purpose and capacity as the structure or facility replaced. F. CCCSD's Board hereby determines that Class 3 exempt activities pursuant to CEQA Guidelines Section 15303 include the construction and location of limited numbers of new, small facilities or structures necessary or advisable for the provision of wastewater related services, and the installation of small, new equipment and facilities in small structures for the provision of such service. G. CCCSD's Board hereby determines that Class 6 exempt activities pursuant to CEQA Guidelines Section 15306 include basic data collection, research, experimental management, and resource evaluation activities such as soils coring, potholing, flow monitoring, and wastewater monitoring, so long as such activities do not result in a serious or major disturbance to an environmental resource. Page 3 of 5 H. CCCSD's Board hereby determines that Class 9 exempt activities pursuant to CEQA Guidelines Section 15309 include CCCSD inspections of CCCSD construction projects or made pursuant to CCCSD, as amended. I. CCCSD's Board hereby determines that Class 19 exempt activities pursuant to CEQA Guidelines Section 15319 include CCCSD's annexation of properties developed to the density allowed by the current zoning or pre- zoning and individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures, provided that the properties can be served by CCCSD's minimum diameter public sewer main. For purposes of CEQA Guidelines Section 15319(a), service by sewer mains of such size shall constitute the extension of utility services that "have a capacity to serve only the existing facilities" subject to annexation. This arises from the fact that any further reduction in the size of the public sewer main would result in pipelines too small to clean or to operate without an unacceptable level of overflow risk and high potential for flow blockage. J. CCCSD's Board hereby determines that Class 21 exempt activities pursuant to CEQA Guidelines Section 15321 include the exercise of the enforcement and abatement authorities of CCCSD. Further, CCCSD's Board hereby determines that its enforcement and abatement authority includes the disconnection of any premises from CCCSD's sewer system and the abatement of nuisances related to non - connection or disconnection. Section 4. Public Review The public review period for draft EIRs referred to in Section 15087(e) and Section 15105 of the Guidelines shall be 30 days from the date of the notice of availability of draft EIR, except that the General Manager may extend that period for an additional 30 days, but not for any longer period, unless he or she determines that the draft EIR is unusually complex or lengthy and that the additional time is necessary to allow the public adequate time to review and comment upon the draft EIR. When a draft EIR is submitted to the State Clearinghouse for review by State agencies, the public review period shall not be less than forty -five (45) days, unless a shorter period, not less than thirty (30) days, is approved by the State Clearinghouse. The public review period for Negative Declarations shall be twenty (20) days from the date the Notice of Proposal to Adopt Negative Declaration was first posted, published or mailed as set forth in the Guidelines or such other period as is provided by law, except when Negative Declarations are submitted to the State Clearinghouse for review by State agencies. The public review period shall be not less than thirty (30) days, unless the State Clearinghouse approves a shorter period, of not less than twenty (20) days. The public review period for draft EIRs and Negative Declarations submitted to the State Clearinghouse for review by State agencies shall be at least as long as the review period established by the State Clearinghouse. Section 5. Thresholds of Significance As encouraged by Section 15064.7 of the Guidelines, CCCSD may adopt, on the recommendation of the General Manager of CCCSD, a threshold of significance for any category of CCCSD project that is not otherwise exempted from CEQA procedures. Page 4 of 5 Any proposed project below the qualitative or quantitative standards set forth in any adopted threshold of significance shall be deemed to have no potential for significant impact on the environment and exempted from further CEQA procedure compliance. Section 6. Listing of Public Agencies with Jurisdiction by Law or Special Expertise The General Manager or his designee shall compile a list of public agencies, which have jurisdiction by law or special expertise with respect to various projects and project locations (Section 15087(h), Guidelines). Depending upon the specific project and the requirements of law, some or all of the listed agencies must be given the opportunity to review and comment upon a draft EIR: Section 7. Order of Precedence This Resolution is intended to establish certain standards and procedures affecting environmental determinations required by CEQA. CEQA and the Guidelines will govern all substantive issues related to environmental determinations, and procedures not addressed by this Resolution. Where the contents of this Resolution conflict with CEQA or the Guidelines, CEQA or the Guidelines shall control. PASSED AND ADOPTED this 9th day of August 2007, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme Secretary, Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel Page 5 of 5 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 2007 No.: 4.k. Consent Calendar Type of Action: APPROVE PROGRAM CONTINUANCE Subject: APPROVE CONTINUANCE OF EMPLOYEE COMPUTER HARDWARE PURCHASE ASSISTANCE PROGRAM Submitted By: Initiating Dept. /Div.: Mark Greenawalt, IT Administrator Administrative / IT REVIEWED AND RECOMMENDED FOR BOARD ACTION: M. Greenawalt D. Ra M raves ISSUE: Board approval is required for continuance of the District's Employee Computer Hardware Purchase Assistance Program. M. Kelly, Manager RECOMMENDATION: Approve the continuance of the Employee Computer Hardware Purchase Assistance Program effective August 9, 2007. FINANCIAL IMPACTS: Currently $14,098 is invested in computer loans to District employees. ALTERNATIVES /CONSIDERATIONS: The Employee Computer Hardware Purchase Assistance Program could be reduced or eliminated, however, this is not recommended by staff. BACKGROUND: The District's Employee Computer Hardware Purchase Assistance Program was initially approved by the Board effective July 1, 1995, with a condition for Board review every two years. In 2003, the Board requested that staff change this to an annual review. Both the employees and the District benefit from this program. On the one hand, the program provides employees with a low cost resource to purchase a home computer. On the other hand, it benefits the District by providing an opportunity for employees to enhance their computer skills. The utilization of computers continues to increase at the District and there are now few staff positions that do not use a computer in some facet of their job. Many District employees have taken advantage of this program. The revolving loan fund of $70,000 currently has $14,098 in outstanding loans with a $55,902 balance available for new loans as of June 30, 2007. In the past year, 11 loans have been extended for a total dollar amount of $20,021. The program is proposed to continue to operate from the same approved funds and retain the same basic structure. N:\ ADMINSUP\ADMIN \POSPAPER\Approve Employee Computer Purchase Program 08- 09- 2007.doc POSITION PAPER Board Meeting Date: August 9, 2007 subject. APPROVE CONTINUANCE OF EMPLOYEE COMPUTER HARDWARE PURCHASE ASSISTANCE PROGRAM Program Overview The District will charge participants at the LAIF interest rate, and will get the same rate of return as it would if the loan fund were invested rather than extended to employees. • The program will continue to be administered by the Accounting Section. • The minimum loan amount is $600. • Only one loan can be outstanding at any time per employee for a maximum of $2,000. • Purchased computers must be compatible with current District standards, and will require the review of the IT Administrator. • Peripherals and software purchased with computers are covered by this program (i.e. printers, disk drives, etc.). As computer systems continue to change in this fast paced industry, employees will want to take advantage of newer technology. Continuing the District's Employee Computer Hardware Purchase Assistance Program would allow employees to take advantage of new technology. It will also allow employees who desire to improve their computer skills and have not taken advantage of this program to do so. Staff recommends that this program be continued and will report to the Board every year via Position Paper. RECOMMENDED BOARD ACTION: Approve the continuance of the Employee Computer Hardware Purchase Assistance Program effective August 9, 2007, for a one - year period. N:\ ADMINSUP\ADMIN \POSPAPER\Approve Employee Computer Purchase Program 08- 09- 2007.doc 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 2007 No.: 4.1. Consent Calendar Type of Action: AUTHORIZE PUBLIC NOTICE Subject. AUTHORIZE A PUBLIC NOTICE TO INDICATE AVAILABILITY OF DOCUMENTATION IN SUPPORT OF THE DISTRICT'S APPROPRIATIONS LIMIT Submitted By. Initiating Dept. /Div.: Debbie Ratcliff, Controller Administrative / Finance & Accounting REVIEWED AND RECOMMENDED FOR BOARD ACTION: D. Rat ..,�� "graves Kelly, ISSUE: The Central Contra Costa Sanitary District is required to establish its appropriations limit in accordance with Article XIII B of the California Constitution. RECOMMENDATION: Authorize a public notice advertising that documentation used in the determination of the appropriations limit shall be available fifteen days prior to the Board Meeting to be held on September 6, 2007, at which the appropriations limit for the Sewer Construction Fund for the fiscal year of 2007 -2008 will be established. FINANCIAL IMPACTS: None ALTERNATIVES /CONSIDERATIONS: The appropriations limit can be calculated using the California per capita personal income percentage change of 4.42 or the local assessment roll due to local non - residential construction of 3.5 percent. BACKGROUND: Proposition 4 was approved on November 6, 1979, and was incorporated in the California Constitution as Article XIII B. As amended, Article XIII B imposes a limit on the.rate of growth in governmental spending. It limits appropriations of state and local governments to the appropriations of the 1978 -1979 base year adjusted in each subsequent year for changes in the California per capita personal income from the preceding year or the percentage change in the local assessment roll from the preceding year due to the addition of local nonresidential new construction. Article XIII B requires government agencies to establish their appropriations limit by resolution each year at a regularly scheduled meeting. Notice to the public of availability of documentation in support of the appropriations limit must be given fifteen N: WDMINSUPWDMIN\POSPAPERWuthorize Public Notice 08- 09- 07.doc Page 1 of 3 POSITION PAPER Board Meeting Date: August 9, 2007 subject AUTHORIZE A PUBLIC NOTICE TO INDICATE AVAILABILITY OF DOCUMENTATION IN SUPPORT OF THE DISTRICT'S APPROPRIATIONS LIMIT days prior to adoption. The appropriations limit is open to challenge within 45 days of the effective date of the resolution. Methodology: The appropriations limit is increased annually by a factor comprised of the change in population combined with either the change in California per capita personal income or the change in the local assessment roll due to local nonresidential construction. The Board is to select between the per capita. personal income or the change in the local assessment roll due to local nonresidential construction by a recorded vote. The change in the local assessment roll for the 2007 -2008 fiscal year has been reported by the County Assessor to be 3.5 percent. The California per capita personal income percentage change is 4.42. The California per capita personal income percentage change is being used in the calculation of the 2007 -2008 appropriations limit since it is the larger of the two (2) factors. Last fiscal year's appropriations limit was calculated to be $65,891,846. The appropriations limit for 2007 -2008 is calculated to be $69,698,747. This limit is set on the District's proceeds of taxes. The District receives approximately $11 million in taxes which is well below the limit. RECOMMENDED BOARD ACTION: Authorize a public notice advertising that documentation used in the determination of the appropriations limit shall be available fifteen days prior to the Board Meeting to be held on September 6, 2007, at which the appropriations limit for the Sewer Construction Fund (tax revenue plus interest) for the fiscal year of 2007 -2008 will be established. N:\ ADMINSUP\ADMIN \POSPAPER\Authorize Public Notice 08- 09- 07.doc Page 2 of 3 CENTRAL CONTRA COSTA SANITARY DISTRICT PUBLIC NOTICE The Board of Directors of the Central Contra Costa Sanitary District will, at its meeting to be held at the District offices, 5019 Imhoff Place, Martinez, California, at 2 p.m. on September 6, 2007, consider the adoption of the Appropriations Limit for 2007 -2008 in accordance with Article XIII B (Proposition 4) of the State of California Constitution. Documentation in support of the Appropriations Limit is available at the District Offices, 501.9 Imhoff Place, Martinez, for review by persons interested in this matter. DATED: Elaine R. Boehme Secretary of the District N:\ ADMINSUP \ADMIN \POSPAPER\Authodze Public Notice 08- 09- 07.doc Page 3 of 3 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 2007 No.: 4.m. Consent Calendar Type of Action: SET DATE FOR PUBLIC HEARING subject: ESTABLISH SEPTEMBER 6, 2007 AS THE DATE FOR A PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY CONNECT TO JOB 5656 (LAS LOMAS WAY, WALNUT CREEK), JOB 5851 (CAMELLIA LANE, LAFAYETTE), JOB 5893 (PINE TREE DRIVE, DANVILLE), AND JOB 5817 (CAMINO DEL DIABLO, ORINDA) Submitted By: Kurt Darner Development Services Supervisor Initiating Dept. /Div.: Engineering /Environmental Services REV EWED AND RECOMMENDED FOR BOART �m 1�,� ar r J. Miyamoto -Mills C. Swanson A. Farrell Ja s M. Kelly General Manager ISSUE: When a Reimbursement Fee is proposed for properties that could directly connect to a sewer installed by private individuals, the District Code requires that a public hearing be held prior to the Board of Directors' adoption of the fee. RECOMMENDATION: Establish the Board's regularly scheduled meeting on September 6, 2007 as the date for a public hearing to receive comments on proposed Reimbursement Fees for properties which could connect to the Standard Facilities identified as Job 5656 (Las Lomas Way, Walnut Creek), Job 5851 (Camellia Lane, Lafayette), Job 5893 (Pine Tree Drive, Danville), and Job 5817 (Camino del Diablo, Orinda). FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: Not Applicable. BACKGROUND: Private individuals paid for the design and construction of sewers installed under Jobs 5656, 5851, 5893, and 5817. After a project was completed by the installers and accepted by the District, the installers contributed the project to the District for public use. Non - installer properties may connect to the contributed public sewers. The District Code provides a Reimbursement Program, so that the installers may recover a portion of the cost for the contributed facilities. The proposed Reimbursement Fees would be collected from property owners when they connect to the sewer system. The collected fees would then be disbursed to the installers of the projects. WENVRSEMPosition Papers \Darner\2007\PP Set Hearing Date Reimb Fees 8- 9- 07.doc POSITION PAPER Board Meeting Date: August 9, 2007 subject: ESTABLISH SEPTEMBER 6, 2007 AS THE DATE FOR A PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY CONNECT TO JOB 5656 (LAS LOMAS WAY, WALNUT CREEK), JOB 5851 (CAMELLIA LANE, LAFAYETTE), JOB 5893 (PINE TREE DRIVE, DANVILLE), AND JOB 5817 (CAMINO DEL DIABLO, ORINDA) The District Code requires that a notice of public hearing be mailed to owners of properties to which the fee could be applicable at least ten days in advance of the date set for the hearing. The notice is to include a general description of the reimbursement fee program, a description of the facility which gives rise to the proposed fee, and the amount of the proposed fee. RECOMMENDED BOARD ACTION: Establish the Board's regularly scheduled meeting on September 6, 2007 as the date for a public hearing to receive comments on proposed Reimbursement Fees for properties which could connect to the sewers identified above. NAENVRSEC \Position Papers \Darner\2007 \PP Set Hearing Date Reimb Fees 8- 9- 07.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 2007 No.: 4.n. Consent Calendar Type of Action: APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT Subject: AUTHORIZE GENERAL MANAGER TO APPROVE AN AGREEMENT WITH NANCY SOUTHERN AND ASSOCIATES FOR A LEADERSHIP DEVELOPMENT PROGRAM Submitted By: Cathryn Freitas, H. R. Initiating Dept. /Div.: Administration /Human Manager Resources REVIEWED AND RECOMMENDED FOR BOARD ACTION: v' -4*U.V C. Freitas M. shill raves am Kelly, General Manager ISSUE: Board approval is required for professional consulting agreements over $25,000. RECOMMENDATION: Approve professional consulting services agreement with Nancy Southern and Associates in the amount of $50,000 for FY 2007 -2008. FINANCIAL IMPACTS: The sum of $30,000 has been budgeted in the FY 2007 -2008 Operations and Maintenance Budget. The remaining $20,000 of the agreement will be paid by the other participating districts to cover the expense of their participation. ALTERNATIVES /CONSIDERATIONS: Send fewer participants or do not participate. BACKGROUND: At the Board meeting of June 15, 2006, the Board concurred with the engagement of Ms. Nancy Southern, Ed.D., to develop a ten -month training program (Attachment A) focused on developing leadership skills for twenty -five selected managers and supervisors of CCCSD and our neighboring wastewater Districts. Delta - Diablo Sanitation District, Dublin -San Ramon Services District, Mountain View Sanitary District, and CCCSD sent participants to the all -day monthly classes held at CCCSD. Participants were selected by each agency based on applications and recommendations. In response to Board questions at the June 15 meeting, General Manager Batts stated the program would be multi -year and may be modified each year based on participant feedback. A participant survey after the first year indicates that the program has been valuable and would benefit employees who are interested in developing their leadership skills (Attachment B). The Managers, or "coaches," have also been involved in evaluating the program. District management has reviewed their input, and it has been integrated into the program design for next year. The cost to each District has been $2000 per participant and there is no increase in cost for FY 2007 -2008. CCCSD sent fifteen individuals this past year for a cost of $30,000, WLegal \Leadership \southern pos ppr 7- 24.doc Board Meeting Date: August 9, 2007 Subject: AUTHORIZE GENERAL MANAGER TO APPROVE AN AGREEMENT WITH NANCY SOUTHERN AND ASSOCIATES FOR A LEADERSHIP DEVELOPMENT PROGRAM and proposes to send up to fifteen employees for the next year. Participants are required to do homework on their own time and engage in interactive processes with employees from other agencies. Given the number of hours of classroom training, the advanced level of instruction, and the use of District facilities, staff believes that the training is reasonably priced and value- added. This matter was presented to the Human Resources Committee at its July 31, 2007 meeting. RECOMMENDED BOARD ACTION: Staff is requesting the Board to approve the consulting agreement with Ms. Southern in the amount of $50,000 for FY 2007 -2008. HALegal \Leadership \southern pos ppr 7- 24.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 2007 No.: 4.o. Consent Calendar Type of Action: ADMINISTRATION subject: ADOPT "HUMAN RESOURCES COMMITTEE" NAME; AMEND RESOLUTION TO REFLECT NAME CHANGE; AND MODIFY THE PROCEDURE AND TRAVEL POLICY FOR APPROVING PAYMENTS TO THE BOARD PRESIDENT Submitted By: Cathryn R. Freitas Initiating Dept. /Div.: Administration /H. R. Human Resources Manager REVIEWED AND RECOMMENDED FOR BOARD ACTION: C. Freitas R u raves K Alm am . Kelly, General Manager ISSUE: Board members are compensated for their participation on Board committees. The resolution authorizing committee compensation needs to be amended to reflect the change in the committee name. Additionally, Board President Nejedly asked that the procedure for approving payments to the Board President be changed. This procedural change is also in the same resolution and needs to be adopted by the Board. Additionally, the change in authorizing payments to the Board President needs to be reflected in the Travel Policy. RECOMMENDATION: Change the name of the Personnel Committee to the Human Resources Committee; adopt the revised resolution to include the name change: adopt the revised procedure for approving payments to the Board President; adopt the revised Travel Policy. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: Do not change the committee name or the procedure for approving payments to the Board President. BACKGROUND: At the Board meeting of July 5, 2007, the Personnel Committee announced that the members would like to update the name of the committee to the Human Resources Committee. The attached resolution, 2006 -085, reflects the name change so the Committee members can be compensated for their attendance at Human Resource Committee meetings. Also at the Board meeting of July 19, 2007, Board President Nejedly asked that the Board President Pro Tern or in his or her absence, another designated Board member, be authorized to approve payments to the Board President. Currently, the Board President approves all payments. This change in procedure will provide another level of C: \Documents and Settings \cfreitas\My Documents \hr committee name change 7- 13- 07.doc POSITION PAPER Board Meeting Date: August 9, 2007 subject. ADOPT "HUMAN RESOURCES COMMITTEE" NAME; AMEND RESOLUTION TO REFLECT NAME CHANGE; AND MODIFY THE PROCEDURE AND TRAVEL POLICY FOR APPROVING PAYMENTS TO THE BOARD PRESIDENT checks and balances to the approval process for payments made to the Board President. District Counsel Kent Alm provided a memo (attached) which indicates that, while there are no laws in effect that designate who must approve the reimbursements, Board review is advisable. With that in mind, staff is recommending that the existing Resolution 2006 -085, "A Resolution Setting Forth Procedures for Appointment to and Establishment of Board Committees and Meeting Compensation Requirements for Board Members" (attached) and Travel Policy (attached) be revised to show approval authority for Board Member compensation and reimbursements. Approval of Board Member attendance at regular Board Meetings will be also be added to the Resolution. RECOMMENDED BOARD ACTION: Change the name of the Personnel Committee to the Human Resources Committee; adopt the revised resolution to include the name change; adopt the revised procedure for approving payments to the Board President; and adopt the revised Travel Policy. CADocuments and Settings \cfreitas \My Documents \hr committee name change 7- 13- 07.doc m e y e r s I n a v e riback silver & wilson prof Is$1onaI low corporotio0 DATE: July 31, 2007 TO: Elaine Boehme, District Secretary FROM: Jennifer E. Faught, District Counsel By: Jennifer E. Faught, Associate Attorney RE: Approval of Compensation and Reimbursement Requests Jennifer E. Faught Attorney at Law 510.808.2000 You have asked for an opinion as to whether the District Board President — or another Board member or elected official — must review and approve the compensation and reimbursement requests submitted by agency officials. The short answer is that the law does not designate who must approve the requests. However, there are certainly advantages to having the Board approve the compensation and reimbursement requests. AB 1234 requires the public agency to adopt an official expense policy, but does not specify which officer must approve compensation and reimbursement requests. We conducted a brief survey of our other public entity clients and found that in many of them, the legislative body delegates the approval function to another public official or staff person, such as the Finance Director or the City Manager. By comparison, in smaller districts -- such as Sausalito -Marin City Sanitary District, Novato Sanitary District, and Crockett Community Services District -- the Board often reviews all expenditures before they are paid. The Sanitary District Act does contain a provision stating that the "treasurer shall pay out money of the district only upon the written order of the board, signed by the president and countersigned by the secretary..." (Health & Safety § 6794.) Technically, then, the Board must engage in some sort of review and approval to all District expenditures. We are aware of the District's streamlined procedures for approval of regular expenditures. The process for review and approval of reimbursements need be no different than for any other expenditure. Despite the absence of a specific legal requirement for Board -level review of compensation and reimbursement requests beyond that which the Sanitary District Act requires, formal Board action can be advantageous to the District. Board review and approval favorably impacts public perception by bringing issues of accountability into public view (especially for the elected Board members and the three appointed District officials — the General Manager, Secretary, and District Counsel). In addition, in other jurisdictions Board members have been known to unduly pressure staff, so safeguards against such occurrences are desirable. If you have any follow -up questions or comments, please let us know. 991116_1. DOC SM 12th Smart, smio lm I 0Wd..4 Gd&,W I tolMaNtM I fax fr OAK1109 I wwwsworumocom OAKLAND - SANTA ROSA * SACRAMENTO - SAN FRAIlCISC6 LOS ANGELES CENTRAL CONTRA COSTA SANITARY DISTRICT TRAVEL AND EXPENSE REIMBURSEMENT POLICY /PROCEDURE REVISED: OGtGb8F 5, August 9, 2007 POLICY Central Contra Costa Sanitary District shall reimburse elected officials, appointed officials, District Counsel and employees for travel activities that are necessary, legitimate, permissible, and actually incurred when traveling on authorized District business, provided they are itemized, fully explained and approved on the Travel Expense Reimbursement Report. RESPONSIBILITY 1. All District travel must be approved in advance, excepting urgent or emergency travel benefiting the District. Board member travel is approved by budget approval and /or public report, by the General Manager, with Board majority concurrence. The General Manager's report will allow for Board consideration and approval, or denial, as well as meet AB 1234 intent for public disclosure. General Manager, District Counsel and Secretary to the Board travel is approved by Board majority through budget approval, report, or position paper. Employee travel is approved through the budget by the appropriate Department Director. Department Directors' travel will be approved by the General Manager. 2. Travel approval is to be consistent with the budget guidelines for travel. 3. Board Members, the General Manager, and Department Directors are authorized to travel without prior approval for compelling reasons, provided reasonable effort has been made to obtain prior approval. Review of such travel will occur consistent with the approval process identified in item 6 below. 4. While traveling on District business, it is the responsibility of the elected officials, appointed officials and employees to use sound judgment to ensure reasonable expenditure of District funds. District Board members whose expenses do not fall within this policy may be submitted to the Board of Directors for approval, in a public meeting, before the expense is incurred. 5. Travelers are responsible for the timely preparation and submission of their Travel Expense Reimbursement Reports (instructions for completion are on the reverse side of the form) to the Accounting Office for payment. Reports must be submitted within 30 days of the event or trip completion. Travelers should retain copies of the Report and receipts for their personal records. 6. The President of the Board of Directors shall approve travel reimbursement documents for all Board Members, District Counsel, the General Manager and the Secretary of the District. The Board President Pro Tem, or in his/her absence another designated Board member, shall have authority to approve travel reimbursement for the President of the Board. The General Manager shall approve all travel reimbursement documents for Department Document2 Directors. Department Directors shall approve all travel reimbursement documents of those in their charge. PROCEDURE 1. Making Travel Arrangements: All District travel arrangements are to be booked through the District's travel service. The District's travel service will follow the approved District Travel Policy and parameters when making travel arrangements for District employees. Information on using the District's travel services is in "CCCSD Parameters /Policy Regarding Use of Travel Service ". Any arrangement not booked through the District's travel service requires approval consistent with item 6 under the Responsibility section of this policy. 2. Transportation: a. Commercial Airline Travel: Elected officials, appointed officials and District employees will travel at the lowest reasonable coach class airfare within the following guidelines: (1) In order to obtain low airfares, a two -hour window policy will be used in searching for a low fare. This window policy involves searching for fares one hour prior to and after the requested departure /arrival time. The lower fare quoted within this two -hour window must be taken unless time constraints make it impossible. (2) Direct flights (one -stop) and connections (change of planes), rather than non - stops, may represent substantial savings to the District. Non -stop flights, if more expensive, cannot be taken if lower direct/ connecting fares are available and does not place an unreasonable burden on the traveler. (3) Early departures and late returns are encouraged to avoid lodging for an additional night. Travel arrangements should allow for full attendance at the subject event. (4) Air travel arrangements should be reserved as far in advance of travel date as possible. Advance planning, rather than last- minute reservations, allow for the opportunity to obtain lower fares. Travel arrangements should be booked a minimum of seven days prior to departure. (5) Reimbursable expenses shall be limited to the actual dates of travel which shall be as near the event as practical, allowing for timely arrival and departure and the carrier's schedule. If the extension of travel time would achieve lower airfare and would result in a net cost savings to the District, the District will pay for actual costs incurred for hotel and meals only, subject to the other limitations of this policy, provided they do not exceed the costs which would have been incurred without an extension, and the extension is approved in advance. Any additional time (exceeding the above) taken prior to or after the event will be at the employee's time and Document2 expense. The District will not reimburse for excess baggage fees if not related to District business. (6) Use of penalty or non - refundable airfares should be considered, depending on the nature of travel, and the certainty that the trip will take place as planned. These lower- cost fares shall be selected at the traveler's discretion. If a change results in penalties, the Department Directors shall have the authority to include these charges as reimbursable, if appropriate. (7) If there is a significant difference between the cost of the flight used and a less expensive flight that was available, or if the traveler uses first -class or business class instead of an available coach -class airfare without approval from the appropriate supervisor, the traveler will be required to pay the difference in expense. (8) Use of a specific airline for the purpose of obtaining Frequent Flyer miles will not be authorized, unless the airfare is among the lowest available. b. Car Rentals: The use of a rental car must be authorized in advance. When a car rental is authorized, the elected official, appointed official or employee shall be limited to a compact or mid -size vehicle. A larger vehicle may be rented if for the purpose of transporting a group of District elected officials, appointed officials or employees. A rental car may be authorized only for a business necessity or if it is the most economical means of transportation available. The employee should be prepared to show a cost savings to the District by the use of a rental car as compared to other modes of transportation. When traveling in groups, sharing of cars is encouraged to minimize costs. Collision and liability insurance offered by the rental company should be accepted. Employees should refuel cars before returning them to the rental agency to avoid the large refueling mark -up, when economical. Officials and employees are required to notify the District's Safety and Risk Administrator and the employee's supervisor within 24 hours of any event, incident or accident related to the rental vehicle. c. Taxi and Other Local Transportation: The use of a taxi is authorized when more economical services are not available, or in cases when valid business reasons, such as timing limitations, warrant use of such transportation. If available and practical, public or courtesy limousine transportation to and from airports should be used. d. Travel in District Vehicles: District vehicles are available for local seminars. District vehicles shall not be used for personal use when attending seminars. e. Travel in Personal Vehicles: When use of a privately owned vehicle is authorized in lieu of common carrier, reimbursement will be based on the prevailing mileage rate, but will not exceed air coach rate to and from the destination plus local transportation costs. When travel is to a local seminar, mileage reimbursement will be calculated based on the shortest distance to the seminar from home or from work. Reasonable costs for parking and tolls will be reimbursed. Document2 3. Lodging/Telephone: a. Lodging: Employees should limit their stay to a minimum number of nights. Reimbursement for the daily cost of lodging includes only the single occupancy room rate and applicable taxes unless shared by more than one District employee. When making reservations for lodging, attempts should be made to obtain a discounted or governmental agency rate. District travelers are expected to use good quality, but reasonably priced hotels or motels wherever practical. (The conference hotel, or its equivalent, at the conference rate, is acceptable lodging for District business.) When attending conferences, a block of hotel rooms may be offered at a reduced rate. Nevertheless, travelers should check with BTM to see if a lower rate, at the same facility, is available b. Telecommunication: On authorized travel, necessary business - related telephone calls, faxes and modem connections incurred may be reimbursed. The cost of personal telephone calls made while attending a seminar will be borne by the employee. However, employees are allowed one personal call of reasonable length and cost per day at District expense. The District's Controller shall make the final determination of reasonable duration and cost on a case -by- case basis. 4. Meals: The cost of each meal is to be reported separately on a daily basis and covers the District traveler only. Receipts for all claimed meals should be included with the travel expense report. The cost of meals includes taxes and tips or service charges as applicable. Purchases of alcoholic beverages shall not be reimbursed. The maximum reimbursement for meals is $50 per day, given proper documentation by providing receipts. Any reimbursement for meals in excess of $50 per day must be approved, consistent with the approval process identified in item 6 of the Responsibility section of this policy. In cases where individual meal costs are included in the cost of a conference or seminar, the per -meal maximums for the remaining meals will be $10 for breakfast, $15 for lunch, and $25 for dinner. If a District traveler is accompanied by a spouse or guest and the District or a District staff person covers the cost, the District traveler will be billed for the cost of his /her spouse /guest's meal or other related costs. If the guest is a business associate, the cost may be reimbursable. See criteria and requirements in Paragraph 6, Special Expenses Paid by Employee, below. 5. Travel Advances: A request for a travel advance must be made at least two weeks prior to travel by submitting a completed Payment Authorization Request form to Accounting. There will be no travel advances for the cost of airline travel due to the District's payment for the ticket. Advances must be utilized immediately and accounted for within two weeks after completion of a trip. No additional advances will be granted before settlement of an outstanding advance. In the event an advance remains open beyond 30 days, the District may elect to deduct the amount advanced from the employee's next regular paycheck. Document2 6. Special Expenses Paid by Employee: Report only expenses paid by cash, personal check, or credit card. Entertainment expenses, to be reimbursable, must be an expenditure necessary for the transaction of District business. The Internal Revenue Code requires that specific details showing names of guests and employees entertained, cost, date and place, business purpose, and the business relationship of individuals entertained be supplied. Attach receipts whenever possible. Receipts for expenditures of $25 or more are required. DocumenO RESOLUTION NO. 2007-65-085 A RESOLUTION SETTING FORTH PROCEDURES FOR APPOINTMENT TO AND ESTABLISHMENT OF BOARD COMMITTEES AND MEETING COMPENSATION REQUIREMENTS FOR BOARD MEMBERS WHEREAS, Section 6489 of the California Health and Safety Code provides that compensation be paid to Board Members 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; and WHEREAS, in accordance with the Health and Safety Code and the California Water Code Sections 20200 et seq., Ordinance 24145 was adopted on February 15, 2006,OeGernber 21, 2001, setting the Board compensation at $47-0221 per approved meeting, not to exceed more than one meeting per day and six meetings per calendar month; and WHEREAS, in accordance with Section 2.04.020 of the District Code, when the Board considers it necessary for the efficient transaction of business, it may approve the creation of a committee for the purpose of reviewing, investigating, and recommending with reference to a particular matter; and the President shall appoint the members of said committee and shall have the authority to appoint an ad hoc committee or representative to similarly act pending a Board Meeting; and WHEREAS, the President may name an alternate to serve in the absence of an appointed Committee Member or District representative, and such alternate shall receive the compensation previously set forth; and WHEREAS, the Board has deemed it necessary for the efficient operation of the District to appoint Board Members to represent the District on various commissions, committees and joint powers authorities, and to act as liaisons to cities and the County; and WHEREAS, in accordance with AB 1234 and to encourage participation and attendance at conferences and organizations which serve the interests of and provide benefit to the District, the Board has determined that Board Members may be compensated for each day's attendance at conferences and meetings listed below; and WHEREAS, compensation may be approved for attendance at a meeting or conference not listed in this Resolution if approved in advance by the Board; and WHEREAS, travel days to and from meetings or conferences are not compensable. NOW, THEREFORE, BE IT RESOLVED, that the President of the Board of Directors shall appoint Board Members to the following standing committees: Resolution No. 2007 - 6-065 Page 2 Budget and Finance Committee Capital Projects Committee PersenRel Human Resources Committee Outreach Committee Recycled Water Committee Household Hazardous Waste Committee Real Estate Committee BE IT FURTHER RESOLVED, that the President of the Board of Directors shall appoint or confirm Board Members to represent the District as follows: Board Liaison to Cities and County California Special Districts Association — Contra Costa Chapter Friends of the San Francisco Estuary Sanitation and Water Agencies of Contra Costa County BE IT FURTHER RESOLVED, that, in addition to the above, members of the Board of Directors shall be compensated at the current compensation rate for each day's attendance at the following meetings and conferences: Meetings of the California Association of Sanitation Agencies (CASA) Executive Board, if serving as a member of the Executive Board; California Special Districts Association Conferences BE IT FURTHER RESOLVED, that meeting attendance slips for Board Members for the meetings listed above and for regular Board Meetings shall be approved by the Board President or, in his or her absence, the President Pro Tem. Meeting attendance slips for the Board President shall be approved by the President Pro Tem, or, in his or her absence, a Board Member designee. PASSED AND ADOPTED this 9th 5th day of AugustOGWber, 20067, by the following vote: AYES: Members: Baneyste l° HeGkett LUGey, McRe ini NOES: Members: Nejedly ABSTAIN: Members: None Resolution No. 2007 - 6-865 Page 2 President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Alm District Counsel Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 2007 No.: 4.p. Consent Calendar Type of Action: HUMAN RESOURCES subject: APPROVE LEAVE OF ABSENCE WITHOUT PAY FOR EXECUTIVE ASSISTANT SUZETTE CRAYTON Submitted By: Cathryn Freitas, H. R. Initiating Dept ✓Div.: Administration /Human Mgr. Resources REVIEWED AND RECOMMENDED FOR BOARD ACTION: O 10ale-414 -- 4?4- C. Freitas graves J mes <elly, Zeneral Manager ISSUE: Leaves of absence without pay require Board approval. RECOMMENDATION: Approve leave of absence until October 15, 2007. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: Deny leave request. BACKGROUND: Executive Assistant Suzette Crayton began a medical leave of absence effective June 18, 2007. She is requesting maternity leave without pay for approximately three months. RECOMMENDED BOARD ACTION: Approve leave of absence until October 15, 2007. DocumenQ Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: AUGUST 9, 2007 No.: 4.q. Consent Calendar Type of Action: HUMAN RESOURCES Subject: AUTHORIZE MEDICAL LEAVE OF ABSENCE WITHOUT PAY FOR JOHN CENSOPLANO, NETWORK COORDINATOR Submitted By: Initiating Dept /Div.: Deborah Ratcliff, Controller Administration /Accounting & Information Technology Division REVIEWED AND RECOMMENDED FOR BOARD ACTION: D. Ratcli . My graves C. Freltds mesQ . Kelly, eneral 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 John Censoplano, Network Coordinator, through August 1, 2007. FINANCIAL IMPACTS: Minimal. ALTERNATIVES /CONSIDERATIONS: Deny medical leave of absence without pay. BACKGROUND: John Censoplano, Network Coordinator, has been on an authorized Family and Medical Leave for his own serious health condition since January 18, 2007. The twelve weeks of Family and Medical Leave expired on April 13, 2007. The Board of Directors has previously approved medical leave of absence through June 17, 2007. His physician estimates he will need to continue to be off work through August 1, 2007. Since these requests have exceeded the thirty 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 John Censoplano, Network Coordinator, through August 1, 2007. H:\ Backup \FILES \PERSMISC \Censo.pp.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 2007 No.: 4.r. Consent Calendar Type of Action: HUMAN RESOURCES subject: AUTHORIZE MEDICAL LEAVE OF ABSENCE WITHOUT PAY FOR GEORGIANA MCCLEASE, ADMINISTRATIVE SECRETARY, THROUGH DECEMBER 12, 2007 Submitted By: Ann Farrell, Director of Initiating Dept. /Div.: Engineering Engineering REVIEWED AND RECOMMENDED FOR BOARD ACTION: A. F'gfrelll C Frei wig me . Kelly, eneral 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 Georgiana McClease, Administrative Secretary. FINANCIAL IMPACTS: Minimal. ALTERNATIVES /CONSIDERATIONS: Deny medical leave of absence without pay. BACKGROUND: Georgiana McClease, Administrative Secretary, has been off work since April 2, 2007, due to a medical condition. Mr. McClease applied for, was granted, and used 12 weeks of Family and Medical Leave in 2006. She was approved for a medical leave of absence without pay through July 1, 2007. She has requested an extended leave of absence without pay through December 12, 2007 due to the ongoing medical condition. 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 Georgiana McClease, Administrative Secretary, through December 12, 2007. N: \HUMANRES \PERSMISC \LOAWP.pp.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 2007 No.: 4.s. Consent Calendar Type of Action: HUMAN RESOURCES subject: DENY APPEAL OF UNION AND ADOPT THE ARBITRATOR'S RECOMMENDATION IN THE GRIEVANCE REGARDING THE HIRING OF THE ADMINISTRATIVE ASSITANT Submitted By: Cathryn R. Freitas, Initiating Dept /Div.: Administration /H. R. Human Resources Manager REVIEWED AND RECOMMENDED FOR BOARD ACTION: C. Freitas R u raves mes ff. Kelly, General Manager ISSUE: In accordance with the grievance procedure in the current Memorandum of Understanding (M.O.U.) between the District and the Employees' Association, Public Employees' Union, Local One, the Board of Directors may adopt, reject or modify the recommendation of an appointed neutral third party (arbitrator) in grievance matters. RECOMMENDATION: Adopt the arbitrator's recommendation to deny the appeal of the Union in the grievance regarding the hiring of the Administrative Assistant. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: Reject or modify the arbitrator's recommendation. BACKGROUND: On March 2, 2006, the Board directed staff to secure the services of an arbitrator in the Step Four appeal of the Union in a grievance regarding the hiring of an Administrative Assistant candidate from outside the District. Employees' Association President David Rolley filed a grievance asserting that under Article 111, Section 9.1 of the M.O.U., internal candidates must be selected prior to the appointment of external candidate on the Eligibility List. On October 18, 2006. Arbitrator Franklin Silver heard the grievance. Labor Counsel Allison Woodall, Esq., represented the District. In summary, the arbitrator found, "The District did not violate section 9.1 of the M.O.U. when it hired an outside candidate for the Administrative Assistant position." This recommendation has been reviewed and approved by the Board's Human Resources Committee. The Hearing Officer's decision has been forwarded to the Board under separate cover. C: \Documents and Settings \cfreitas \My Documents\admin asst pos ppr adopting recomm 7- 12- 07.doc POSITION PAPER Board Meeting Date: August 9, 2007 subject. DENY APPEAL OF UNION AND ADOPT THE ARBITRATOR'S RECOMMENDATION IN THE GRIEVANCE REGARDING THE HIRING OF THE ADMINISTRATIVE ASSITANT RECOMMENDED BOARD ACTION: Adopt the arbitrator's recommendation to deny the appeal of the Union in the grievance regarding the hiring of the Administrative Assistant. DocumenQ Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 2007 No.: 4.t. Consent Calendar Type of Action: HUMAN RESOURCES subject: ADOPT NEW JOB CLASSIFICATION DESCRIPTION FOR SAFETY OFFICER; RECLASSIFY SAFETY SPECIALIST STEVE LAREN TO SAFETY OFFICER, S -73, $6262 -$7576 Submitted By: Cathryn Freitas, H. R. Initiating Dept ✓Div.: Administration /H. R. Manager REVIEWED AND RECOMMENDED FOR BOARD ACTION: Lv� Xf4&ZW64-1- Z/??A C. Freitas . M raves me . Kelly, eneral Manager ISSUE: Reclassifications and new job classification descriptions must be approved by the Board. RECOMMENDATION: Adopt the job classification description for Safety Officer and reclassify Steve Laren from Safety Specialist, S -71, $5964- $7215, to Safety Officer, S- 73, $6262- $7576. FINANCIAL IMPACTS: Approximately $4000. ALTERNATIVES /CONSIDERATIONS: Deny the request. BACKGROUND: On June 11, 2007 Safety Specialist Steve Laren submitted a request for reclassification (see Attachment A). Mr. Laren has been working outside his classification for a number of months and has done an excellent job of handling his new responsibilities. He has been assigned additional duties in the areas of District security, emergency preparedness and response, and overall safety coordination for the District. Specifically, he is in charge of the Guardsmark Security contract and works with the Account Representative to monitor and maintain a high level of District security. Additionally, Mr. Laren is responsible for updating the District's Emergency Response Plan, ensuring that it meets all regulatory standards. Finally, Mr. Laren has made significant contributions to overall District safety; he has rewritten and implemented seventeen new safety directives; installed first aid, AED and safety equipment stations; and instituted Hazardous Energy Control procedures. Mr. Laren is looked to by the employees and management as a "Safety Officer," someone who analyzes safety hazards and initiates safety improvements benefiting all District employees, contractors, and our customers. General Manager James Kelly and Director of Administration Randall Musgraves concur with Mr. Laren's request for reclassification. Staff recommends a five percent increase in monthly pay to an S -73, $6,262 -$7576 ($75,149 - $90,912 yearly) and a DocumenQ POSITION PAPER Board Meeting Date: August 9, 2007 subject ADOPT NEW JOB CLASSIFICATION DESCRIPTION FOR SAFETY OFFICER; RECLASSIFY SAFETY SPECIALIST STEVE LAREN TO SAFETY OFFICER, S -73, $6262 -$7576 change in title to Safety Officer. Attachment B is a revised classification description for Board consideration. Attachment C is a revised organization chart, which shows the relationship of the Safety Officer position to other positions in the Administration Department. The Human Resources Committee has reviewed this request and recommends approval. RECOMMENDED BOARD ACTION: Adopt the job classification description for Safety Officer and reclassify Steve Laren from Safety Specialist, S -71, $5964- $7215, to Safety Officer, S -73, $6262- $7576. DocumenQ Attachment A Central Contra Costa Sanitary District June 11, 2007 TO: CATHRYN FREITAS, HUMAN RESOURCES MANAGER VIA: RANDAL M. MUSGRAVES, DIRECTOR OF ADMINISTRATION AO FROM: STEPHEN LAREN >.V4 SUBJECT: JOB RECLASSIFICATION Over the last two years, the job I am working has significantly expanded in scope beyond the job description, partially due to my own initiative, but also due to additional assigned responsibilities. With the vacancy in the Safety and Risk Management Administrator position, I have taken over some of those responsibilities and have taken a far more active role in managing those responsibilities. I have been assigned as the plant security contract administrator to manage the agreement with Guardsmark. As a result of that assignment, I have had several meetings with the Guardsmark Account Representative to clarify our contract expectations and to hold the guards far more accountable. The guards are now performing the monthly fire extinguisher inspections and are more thorough as they perform the routine security inspections. I have been assigned the responsibility to coordinate the updating of the District's Emergency Response Plan. This assignment carries a tremendous obligation to coordinate with all District entities and develop an organized plan that will be effective in safely managing a myriad of emergency situations. This assignment involves developing the plan consistent with State and local regulations and training District employees to follow the plan. The responsibility to manage such a program seems well beyond the duties and responsibilities of a Safety Specialist. I further believe my performance has elevated my position to far more than just a specialist who can recite Cal -OSHA regulation, but more of a corporate safety officer who is actively involved in and aggressively finding solutions to safety hazards while taking a proactive approach to finding and making safety improvement throughout the District. Examples include installing first aid kits, AED's, safety equipment stations, and rewriting and implementing 17 new safety directives. New Employee Safety Orientation has been given a major overhaul and safety training completion and documentation is top notch. Our Hazardous Energy Control Procedures as developed through the Lockout Tagout directive are the envy of the industry. This is but a small sampling of the many things I have initiated or enhanced. However, the most significant intangible benefit is the relationship between District employees and safety as a whole. The Safety Guy is not the person you hide from but rather, I have developed a relationship of mutual trust and respect where they will seek my guidance before the work is done, thereby preventing accidents and injuries and staying compliant with Cal -OSHA regulations. I am very proud of the many accomplishments I have completed here at Central San and I see so much more that can be done. In light of my proven abilities and in anticipation of future growth and development of the Safety and Risk Management group, I respectfully request a job reclassification. CENTRAL CONTRA COSTA SANITARY DISTRICT Effective: 08/09/07 Range: S -73 Respirator Class: 1 SAFETY OFFICER DEFINITION Attachment B Coordinate, develop and implement District Safety Programs; coordinate, develop and implement safety training plans, classes, materials and schedules to ensure safe work procedures and precautions; test and maintain a variety of District safety equipment; ensure compliance with OSHA and Cal -OSHA safety requirements; coordinate, develop, implement and train District employees in emergency, preparedness and response; oversee security activities to ensure a safe working environment; meet Federal and State requirements for homeland security; and perform other duties as assigned. DISTINGUISHING CHARACTERISTICS The use of respiratory equipment, including self- contained breathing apparatus (S.C.B.A.), may be required for this position. Therefore, the Safety Officer will be required to be free of facial hair that would interfere with the use of a respirator at all times to comply with the District's respiratory program and Cal -OSHA standards. SUPERVISION RECEIVED AND EXERCISED Receive general direction from the Safety and Risk Management Administrator or higher -level management. Exercise technical supervision over others in safety- related procedures and training functions and may exercise immediate or general supervision over subordinate personnel or contractors in the areas of safety, security and emergency preparedness. EXAMPLES OF ESSENTIAL DUTIES — Duties may include, but are not limited to, the following: Foster safety culture; establish and maintain safety principles for employees and the public. N: \HUMANRES \SPECS \Safety Officer 8- 9- 07.doc CENTRAL CONTRA COSTA SANITARY DISTRICT Safety Officer (continued) EXAMPLES OF ESSENTIAL DUTIES Coordinate, develop and implement District safety programs to meet health and safety regulations; maintain compliance with Cal /OSHA Industrial Safety Orders. Provide training to ensure employee understanding of and compliance with the District safety directives and procedures; instruct employees via formal classroom safety training. Perform the most complex and technically difficult investigations or research and prepare reports evaluating the impact of current and proposed environmental and workplace health and safety regulations on District operations. Coordinate, develop, implement and train employees in emergency preparedness and response; comply with Federal (F.E.M.A. and N.I.M.S.), and State (S.I.M.S.) requirements. Assume lead responsibility for monitoring and coordinating security programs and activities to ensure a safe working environment and meet legal requirements for homeland security. Coordinate development and maintenance of the annual District Hazardous Material Business Plans and Injury and Illness Prevention Program. Participate in the investigations of work - related accidents /injuries; analyze causes; obtain and review reports; recommend and implement measures to prevent their recurrences. Initiate, write, review and revise District Safety Directives, procedures or guidelines; maintain records on safety equipment maintenance. Maintain current information of industrial and occupational safety as it applies to work activities; keep informed on State, Federal and local legislation relating to transportation, industrial and occupational safety. Perform job -site safety audits and /or inspections for compliance with Federal, State, and local safety regulations; represent the District during inspections or enforcement actions by regulatory agencies; coordinate follow -up. Perform or assist with new employee and contractor safety orientations. N:\HUMANRES \SPECS \Safety Officer 8- 9- 07.doc CENTRAL CONTRA COSTA SANITARY DISTRICT Safety Officer (continued) EXAMPLES OF ESSENTIAL DUTIES Conduct qualitative testing of employees for face seal of respirators. Conduct safety meetings and participate in Safety Committee meetings. Perform related duties as required. MINIMUM QUALIFICATIONS Knowledge of: Principles, practices, and methods of safety, occupational health, industrial hygiene programs, security and emergency preparedness and response. Safety hazards and appropriate precautions applicable to work assignments. Cal -OSHA and ANSI regulations and general industrial safe work practices including the safe handling and storage of hazardous chemicals and materials. Methods, materials, equipment, and tools used in the operation and maintenance of industrial machinery and equipment. Principles, practices, and techniques of supervision and training. Basic processes of wastewater treatment facilities. Abili to: On a continuous basis, analyze, understand, and interpret regulations, identify unsafe practices, identify security breaches, update and train on emergency preparedness and response procedures, know and problem solve work activities, and remember calibration procedures. Intermittently observe job sites and explain rules and procedures. Intermittently sit at desk, walk around job sites performing inspections, bend to handle equipment, squat, climb, and kneel to inspect job sites, write or use keyboard to communicate through written means, perform simple and power grasping, pushing, pulling, and fine manipulation, use feet to operate equipment, N: \HUMANRES \SPECS \Safety Officer 8- 9- 07.doc CENTRAL CONTRA COSTA SANITARY DISTRICT Safety Officer (continued) Ability to: lift or carry weight of 50 pounds or less. May be required to communicate via mobile communication device. Plan, direct and supervise the work of others. Personally perform training and safety development. Prepare and implement safety training programs, safety directives, safety inspections, audits, and procedures. Review contractor health and safety work plans for District projects. Perform radiation monitoring and noise level surveys. Obtain licenses and permits required for safe use of District equipment. Develop sound recommendations and courses of action regarding safety practices and programs, and evaluate potentially dangerous situations. Perform a variety of safety- related tests and maintenance tasks on District equipment. Maintain and repair self- contained breathing apparatus and respiratory equipment. Communicate clearly and concisely, both orally and in writing. Deal tactfully with the public and others in providing information, training, answering questions, and providing customer service. Establish and maintain effective working relationships. Learn and observe all appropriate safety precautions as required by the District, including, but not limited, to Cal -OSHA General Industry Safety Orders, the District's Respiratory Protection Program, and District Safety Directives. WHUMANRES \SPECS \Safety Officer 8- 9- 07.doc CENTRAL CONTRA COSTA SANITARY DISTRICT Safety Officer Special Physical Requirements May be required to respond in an emergency. Must be able to wear and perform emergency response duties in an air purifier or S.C.B.A weighing 32 pounds. Experience and Education Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Four years of experience as a safety professional in a process - related industrial setting. Experience must include safety- related employee training. Education: Equivalent to the completion of an Associate of Science degree supplemented by courses in various aspects of industrial safety including industrial hygiene, first aid, confined space entry, hot work, and handling of hazardous materials. Licenses and Certificates: Possession of a valid California Driver's License. Possession of a certification as a Certified Safety Professional is desirable. Possession of, or ability to obtain within one year of appointment, a manufacturer's certificate for repair of the Self- Contained Breathing Apparatus. NAHUMANRES \SPECS \Safety Officer 8- 9- 07.doc § rc }� 0 § $ k® \� 2E \ !& ]10 •- . i \§ !. "a ■ {I\ |■ !$- ! |` �!■ k\ § ■ ' • -- - - iE k 3 be A#achment C '�■ � $ , |» |- |�■ ,!- � ■■ � ® . cg C4 ! ~ ! | §�2 | � �$§ !! ! � C4 '$(\ 5.a. Hearings CENTRAL CONTRA COSTA SANITARY DISTRICT PUBLIC HEARINGS TO RECEIVE COMMENTS ON THE NEGATIVE DECLARATION FOR CCCSD'S DISTRICT ANNEXATION 168B — ALHAMBRA VALLEY SUGGESTED AGENDA August 9, 2007 Request staff report II. Public hearing on the Negative Declaration A. Open public hearing B. Receive public comment C. Close public hearing III. Consider approval of the Negative Declaration and District Annexation 168B — Alhambra Valley. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: AUGUST 9, 2007 No.: 5.a. Hearings Type of Action: CONDUCT PUBLIC HEARING; ADOPT RESOLUTION subject: CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTING A RESOLUTION APPROVING A NEGATIVE DECLARATION AND CCCSD DISTRICT ANNEXATION 168B — ALHAMBRA VALLEY Submitted By: Initiating Dept/Div.: Russell B. Leavitt, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: e6x:((� V R. Leavitt . Swanson A. Farrell mes NfKelly eneral Manager ISSUE: Board approval of appropriate California Environmental Quality Act (CEQA) documentation is required prior to approval of Central Contra Costa Sanitary District ( CCCSD) District Annexation 168B — Alhambra Valley. RECOMMENDATION: Conduct a public hearing on the Negative Declaration. Barring any irresolvable comments to the contrary, adopt the attached resolution approving the Negative Declaration and the proposed annexation. FINANCIAL IMPACTS: As they connect to the wastewater collection system, property owners of annexed parcels will reimburse CCCSD for annexation expenses incurred. ALTERNATIVES /CONSIDERATIONS: Deny or defer approval of the Negative Declaration. This action would prevent or delay moving forward with the potential approval the project. If approval of the Negative Declaration is denied, direction should be given to staff as to which issues require further documentation. BACKGROUND: A draft Negative Declaration has been prepared for District Annexation 168 — Alhambra Valley. CCCSD proposes to annex into its service area 242 Alhambra Valley parcels comprising approximately 282 acres (see Attachment 1). Alhambra Valley is located in unincorporated Contra Costa County, south of the City of Martinez and Highway 4, and in the north central region of the county. Annexation will allow for the following associated, indirect and secondary activities: sanitary sewer extensions into residential neighborhoods, abandonment of septic systems, and the connection of existing and future residences to the public sewer system. As Lead Agency under CEQA, CCCSD has conducted an Initial Study of the proposed project to determine if it would have a significant effect on the environment. Staff has concluded that the Initial Study adequately, accurately, and objectively evaluates the environmental impacts of the proposed project, and that a Negative Declaration is the appropriate document to address the environmental effects of the project. The Initial N: \ENVRSEC \Position Pape rs \Leavitt\2007 \PP Conduct Public Hearing Re PH Neg Dec Dist Annex 168 8- 9- 07.doc Page 1 of 2 POSITION PAPER Board Meeting Date: August 9, 2007 subject. CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTING A RESOLUTION APPROVING A NEGATIVE DECLARATION AND CCCSD DISTRICT ANNEXATION 168B — ALHAMBRA VALLEY Study is included as part of the proposed Negative Declaration that was distributed separately to the CCCSD Board of Directors. The proposed Negative Declaration finds that there is no substantial evidence before CCCSD that the proposed project would have significant effects on the environment. The proposed annexation action is a jurisdictional and tax boundary change that will have no direct, physical effects on the environment. Mitigation measures related to the associated secondary and indirect activities will be incorporated into the designs of those activities to reduce potentially significant impacts to less- than - significant levels or to minimize impacts already considered to be less- than - significant. These measures are discussed in the attached Initial Study and are inherent in the permit and land use approval processes of the various agencies that regulate sanitary sewer construction and land development activities in the project area. In compliance with the CCCSD's CEQA Guidelines, a legal notice was published in the Contra Costa Times, a newspaper of general circulation in the area affected by the proposed project. The legal notice announced CCCSD's intent to adopt a Negative Declaration and the availability of the document for a 30 -day public review period. Additionally, copies of the proposed Negative Declaration or the legal notice were mailed to affected public agencies. One comment was received on the proposed Negative Declaration. This comments and CCCSD's response is presented in Attachment 2. None of these comments required changes in the proposed Negative Declaration. Before the proposed project may be approved, the Board must consider any comments received during the Negative Declaration's 30 -day public review process and the public hearing, and then consider approval of the appropriate CEQA documentation (a Negative Declaration is recommended in this case). Following approval of the Negative Declaration and the project, a Notice of Determination will be filed with the County Clerk and an annexation application will be filed with the Contra Costa Local Agency Formation Commission ( LAFCO). LAFCO will use the approved Negative Declaration as its CEQA documentation for consideration of the proposed annexation. While not required by law or the District's procedures, it has been CCCSD customary practice to hold public hearings in advance of the adoption of Negative Declarations. Holding a hearing on the proposed Negative Declaration would be consistent with this practice. RECOMMENDED BOARD ACTION: 1. Conduct a public hearing on the Negative Declaration. 2. Adopt a resolution (Attachment 3) approving the Negative Declaration and District Annexation 168B — Alhambra Valley. N: \ENVRSEC \Position Papers \Leavitt\2007 \PP Conduct Public Hearing Re PH Neg Dec Dist Annex 168 8- 9- 07.doc Page 2 of 2 U V w LLI 3moj-q z w z D 0 LL -0 z < Lu z < z Lu Co0. Co in CO 0 a a W 0 0 0 CL co co LLI z L) 0- U L) LU (u3j PI 11117�,, w Z 00 UJ Zo cd U- z co LL V- c-_,, Oct) W Z W U) Z z D w OF- m U) o Cl) Z vue �c , 21� ATTACHMENT 2 COMMENTS AND RESPONSES TO COMMENTS ON THE NEGATIVE DECLARATION FOR DISTRICT ANNEXATION 168B — ALHAMBRA VALLEY One e-mail message was received during the 30 -day public review period for the Negative Declaration. The comment message follows along with the response from CCCSD staff. None of these comments required changes to the proposed Negative Declaration. LIST OF COMMENTORS Contra Costa Local Agency Formation Commission (LAFCO) Lou Ann Texeira, Executive Director, July 27, 2007 WENVRSEC \Position Papers\Leavitt\2007Wttachment 2 Annex 1686 8- 9- 07.doc CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION ( LAFCO), LOU ANN TEXEIRA, EXECUTIVE DIRECTOR, JULY 27, 2007 From: Lou Ann Texeira <LTexe @lafco.cccounty.us To: "Russ Leavitt" <RLEAVITT @centralsan.dst.ca.us> Date: 7/25/2007 3:36:56 PM Subject: CCCSD 168B Negative Declaration Hi Russ, Thank you for the opportunity to comment on the CCCSD 168B Negative Declaration. We would like to offer the following comments: 1. On page 6, the document states that " LAFCO oversees the annexations." We request that you clarify LAFCO's role as an independent agency of the State, whose actions are discretionary. LAFCO can approve, conditionally approve, modify or deny proposals for boundary changes. 2. With regard to Biological Resources, can you clarify that there are no stream crossings and that connection lines will be in streets. Also, could you clarify whether or not there is any potential damage to trees? Thank you. Lou Ann CC: <nnatomas @aol.com> RESPONSES The Negative Declaration now acknowledges that LAFCO is an independent agency of the State that has the discretionary authority to approve, conditionally approve, modify or deny proposals for boundary changes. 2. To the extent possible, public main sewer extensions will be located in streets, per CCCSD policy. There are several locations where the public main sewer extensions will cross streams. In each of these cases, the streams have already been placed in culverts beneath the road. The sewers will either pass below the culvert or between the top of the culvert and the road surface. Where sewers must be built off -road, there is a potential for damage to trees; however, as noted in Section 4e on page 27 of the Draft Negative Declaration, CCCSD's specifications include provisions for the preservation of trees near sewer alignments. These specifications would be applied to sewer construction projects. WENVRSEC \Position Papers \Leavitt\2007\Attachment 2 Annex 1686 8- 9- 07.doc ATTACHMENT 3 RESOLUTION NO. 2007 — A RESOLUTION APPROVING A NEGATIVE DECLARATION AND CENTRAL CONTRA COSTA SANITARY DISTRICT (CCCSD) DISTRICT ANNEXATION 16813, AND REQUESTING THE CONTRA COSTA COUNTY LOCAL AGENCY FORMATION COMMISSION (LAIF) TO INITIATE PROCEEDINGS FOR A CHANGE OF ORGANIZATION (DISTRICT ANNEXATION NO. 16813) WHEREAS, the Central Contra Costa Sanitary District (CCCSD) wishes to initiate proceedings pursuant to the Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000 for a change of organization; and WHEREAS, this resolution of application for annexation shall be submitted to the Contra Costa County Local Agency Formation Commission ( LAFCO) who will conduct a public hearing and will notify all affected property owners inside the proposed annexation. CCCSD will also furnish to LAFCO a list of property owners and registered voters within 300 feet of the proposed annexation. Upon receipt of the list of registered voters, LAFCO will complete a notification mailing; and WHEREAS, the reasons for this proposed change of organization are that: 1) Contra Costa County has approved subdivision of a 16 -acre property into 23 residential lots, subject to the Environmental Impact Report filed October 28, 2004 with Contra Costa County, and has required annexation to CCCSD as a condition of its approval, 2) LAFCO will be considering annexation said property, which is not contiguous with the rest of CCCSD, as District Annexation 168A at its August 8, 2007 meeting; 3) the 242 properties in District Annexation 1686 are within the CCCSD Sphere of Influence (SOI), as previously approved by LAFCO and would make District Annexation 168A contiguous with CCCSD's boundary; 4) the area has been planned for residential use by Contra Costa County and substantially developed with this use ; 5) the density and proximity of this use to Alhambra Creek makes sewer service and annexation to CCCSD prudent to avoid despoiling the creek with septic system effluent; 6) CCCSD has sufficient collection, treatment, and disposal capacity; 7) CCCSD has the nearest, existing collection facilities, at the northern edge of Alhambra Valley; 8) wastewater from Alhambra Valley can flow by gravity to CCCSD's existing Page 1 of 4 collection system and CCCSD is in the process of completing a gravity trunk sewer to serve Alhambra Valley; 9) CCCSD will assume responsibility, upon annexation, for the continued maintenance and operation of the public sewage facilities; 10) CCCSD requires that all served properties annex to the CCCSD (CCCSD Standard Specifications Section 3 -07); 11) no other sewering agency can logically serve these areas; and WHEREAS, extensive development has already taken place in Alhambra Valley, and there is additional development potential allowed by the Alhambra Valley Specific Plan; and WHEREAS, this annexation consists of one annexation parcel comprised of 242 properties, as shown on Exhibit 1 (map), attached hereto and by this reference incorporated herein, for a total of 282 acres; and WHEREAS, the only affected county is Contra Costa, in the unincorporated area generally known as Martinez, and no other sanitary districts are involved; and WHEREAS, the territory proposed to be annexed to CCCSD is substantially inhabited; and WHEREAS, the proposed annexation is subject to the provisions of the CCCSD Code, and if the annexation were approved, all of the provisions of said Code would become applicable to the properties annexed. Annexation charges will be collected at the time of connection to the public sewer system; and WHEREAS, an Initial Study has been conducted by CCCSD; and WHEREAS, CCCSD staff concludes that the Initial Study adequately, accurately, and objectively evaluated the proposed effect on the environment; and WHEREAS, adequate public notice was given to receive comments on the Initial Study and proposed annexation; and Page 2 of 4 WHEREAS, the CCCSD Board of Directors has reviewed the results of the Initial Study, considered comments received, and determined that the project will not have a significant effect on the environment; and WHEREAS, the CCCSD Board of Directors finds that the Negative Declaration reflects its independent judgment of the environmental effects of the proposed project. NOW, THEREFORE, BE IT RESOLVED by the CCCSD Board of Directors as follows: THAT adoption of this resolution will establish the Board of Directors' independent finding that the environmental effects of annexing the parcel shown on Exhibit 1 have been adequately addressed in compliance with the California Environmental Quality Act (CEQA) and will constitute approval of the Negative Declaration for CCCSD District Annexation 168B — Alhambra Valley. The Secretary of the Board of Directors will be custodian of the document and other materials that constitute the record of proceedings for the adoption of this Negative Declaration. The record of proceedings will be maintained at CCCSD's offices, 5019 Imhoff Place, Martinez, California. THAT CCCSD District Annexation 168B is hereby approved and the Contra Costa County Local Agency Formation Commission is hereby requested to initiate proceedings for the change of organization as authorized and in the manner provided by the Cortese- Knox - Hertzberg Reorganization Act of 2000. PASSED AND ADOPTED this 9th day of August 2007, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the District Board of the Central Contra Costa Sanitary District County of Contra Costa, State of California Page 3 of 4 COUNTERSIGNED: Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel Page 4 of 4 cu LO E N ca C N cm i w 0 M w co Z N O I- Z O m N F- Q J M a V W W Z o Z W Q > In= Q � � i- W V) Z 8 E� W J � J 0 N H m N z M a J E� LLI uj LL 0 co CL \ �\J�✓ Cl) O f- co cn CO ui w- c t �... »...... ».._..... »......_ p V U Z U G. U U i I z o � W W Z � Z Y Q Z W � J ~ J � Q W � J J m 7 Q m 2 � J Q Q = � Q U. W W = J � O W Z Q Z U L• O p N N O N N N N N N O N > O N N M r r M O F- N 0; I.. CO) ' �.., z N 1- > O > > > > cn O a N z v > a a a 'a O O W z 3 z 0 w J a > O © CL N w LL Z z a O w N = J w( 0 w t = Q m v a a J P W m w z ga W a 0O V > Z Q N� Na Z W N V w W �J Q 2 Q H 0 W W d N Y Z l Q ° zLU Z> p P 3 >, O p xJ I z O F- to LL z a C7 �. O p Q IX Q M F- W z z Q m Goo Q~ z �Z z0 z Z� W'. O w Q= Q W Z O> W z S25 N ,.. v �a > p W 0. 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Close public hearing III. Consider approval of the status of District land adjacent to Imhoff Drive (Parcel #8160 or 153) Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 2007 No.: 5.b. Hearings Type of Action: ADOPT RESOLUTION Subject: HOLD A HEARING AND CONSIDER ADOPTING A RESOLUTION DECLARING DISTRICT LAND ADJACENT TO IMHOFF DRIVE (PARCEL # 8160 or 153) AS CURRENTLY UNNEEDED FOR DISTRICT PURPOSES Submitted By: James M. Warrington Initiating Dept /Div.: Administration /Purchasing REVIEWED AND RECOMMENDED FOR BOARD ACT /011 fl VI IA � CpWparrington raves W A mes1M. Kelly. eneral Manager ISSUE: Health and Safety Code section 6514.1 permits the District to lease real property only if it is not currently needed for District purposes during the term of the lease. RECOMMENDATION: Declare the property adjacent to Imhoff Drive as not currently needed for District purposes and direct staff to explore lease options. FINANCIAL IMPACTS: If the property is declared as currently unneeded for District purposes, it may be leased and the District would receive rental income that could be used for District operations. ALTERNATIVES /CONSIDERATIONS: The alternative to this action is for the Board of Directors to decline to declare the property unneeded for District purposes. BACKGROUND: The property at issue is an approximately 1.1 -acre parcel located south of Imhoff Drive and northwest of the District's Household Hazardous Waste Collection Facility. It is legally known as Parcel # 8160 or #153. Pursuant to Health & Safety Code section 6514.1, the District may lease land only if the land will not be needed for sanitary district purposes during the term of the lease. Staff does not have any needs for the property in question at this time. It would be beneficial to the public and the District to pursue lease rental income to provide additional revenue for District operations. Several lease proposals for this property were presented to the Real Estate Committee on June 28, 2007 and the Committee asked staff to obtain more information regarding one of the proposals. RECOMMENDED BOARD ACTION: Hold a public hearing and adopt a resolution declaring the Imhoff Drive property as not currently needed for District purposes. N :WDMINSUPWDMIN \DIST- SEC\Agendas \Surplus Imhoff Dr PRDOC RESOLUTION NO. 2007- A RESOLUTION DECLARING A PORTION OF DISTRICT LAND LOCATED OFF OF IMHOFF DRIVE (PARCEL # 8160 OR #153) AS CURRENTLY UNNEEDED FOR DISTRICT PURPOSES WHEREAS, the District owns approximately one and one tenth (1.1) acres of land south of Imhoff Drive, as shown in Exhibit A, and commonly called the Imhoff Drive Property; and WHEREAS, the Imhoff Drive Property is more specifically identified as Parcel # 8160 or 153; and WHEREAS, the Imhoff Drive Property has historically been used for open space; and WHEREAS, under Health & Safety Code section 6514.1, a sanitary district may lease real property only if it will not be needed for district purposes during the term of the lease of the property; and WHEREAS, the District wishes to explore the possibility of leasing the Imhoff Drive Property to others; and WHEREAS, the District has duly reviewed and considered its current and immediate future operational and strategic needs as to this parcel at a noticed public hearing on August 9, 2007. BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: 1. That, after holding a noticed public hearing, the Board of Directors finds the Imhoff Drive Property unneeded for the performance of the District's purposes, functions and duties, in the present and immediate future. 2. That staff is directed to explore the available options to possibly lease said property, subject to compliance with the further requirements of Health & Safety Code Section 6514.1. PASSED AND ADOPTED this 9th day of August, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District COUNTERSIGNED: County of Contra Costa, State of California Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Alm District Counsel I.O.O.F. CEME TAR Y �a R- 65.00' 31.34'05" J/ ..on -C%j r �O 1 C. C. CO. -6179 OR 462(RES0. NO. 6179 OR 465 C.C.CO. tz 5774 OR 178 D' IMHOFF DRIVE 117715 _3$R H4s3� (FILE T • - - ` / 85.23.'-, C. C. CO.' 8160 OR 153 ,TOTAL AREA - 1.10 AARESQy & Q 4 0 \TATE OF CALIF. c' 7092 OR 223 �O u 0'p REFERENCES: S D STATE OF CALIF_ R/W RECORD MAP < R- 96.48 C.C.CO. PUBLIC WORKS DEPT. DRAWING A388 7H -83 I - ACCESS Fit-'7-TS RELINQUiSHF 0 /442) 1 �o� o V• O G00 h� ry XY- oqr c �� � co o 1 O I � r I C.C.C.S.D. 16630 OR 467 100 LSM 42 Board Meeting of August 9, 2007 Announcements Agenda Item 7.a.1) a) Announcement for Public Bidding of A -Line Relief Interceptor Phase 2A District Proiect 5980) The project plans and specifications for the A -Line Relief Interceptor Phase 2A are nearing completion and the project will be ready for bidding in 3 weeks. The project primarily consists of two components: 1) construction of approximately 3,100 linear feet of 96 -inch diameter concrete sewer pipe (the A -Line Relief Interceptor) and 2) construction of approximately 1,455 linear feet of 48- and 72- inch diameter pipelines from the Concord Pump Station to the end of the A -Line Relief Interceptor pipeline at the Meridian Park Boulevard /Galaxy Way intersection. A recycled water main is included in the project but will not be awarded for construction unless an agreement is reached with the Contra Costa Water District on the details for individual connections that provide for a cost effective project. On May 24, 2007 the Board adopted a resolution approving a Mitigated Negative Declaration for the project. Since then, there have been no comments from the public regarding the environmental effects of the project. The project will be advertised on August 31 and September 5, the bids will be opened October 2, and the Board will be asked to award the construction on contract on October 18. b) Central Contra Costa Sanitary District will be represented by thirteen District employees at the WEFTEC Conference, October 13 -17, 2007, in San Diego, California General Manager James Kelly announced that 13 District staff members plan to attend the Water Environment Federation Technical Education Conference in San Diego, California on October 13 through 17, 2006. This is the premier wastewater conference and equipment show in the world, and more staff members that normal are scheduled to attend because of the conference is being held in California, and the cost of attending and the time to travel to the conference is less than normal. This year's conference includes several sessions related to treatment plant and collection system operations that are of interest to staff, including mercury removal, ash and sludge conveyance systems, furnace operations, Capacity Management, Operations, and Maintenance (CMOM's), and air toxics. Attendance at this conference was approved in the 2007 -08 Technical Training and Conference budget for 11 staff members and Management training budget for two staff members. c) Excess emissions /breakdown incident on July 18, 2007. On July 18, 2007, the District exceeded the multiple -hearth furnace emission limits for opacity. The exceedence was caused by a brief failure in the electrical control system of one centrifuge, which caused it to shut down. The abrupt interruption of sludge feed to the furnace caused an unstable burn zone and a corresponding smoking event that lasted for approximately 4'/2 minutes. A Reportable Compliancy Activity Report indicating the excess emission was submitted to BAAQMD. The information is under review by BAAQMD, and to date a Notice of Violation has not been issued for the event. d) Voice Mail Protocol. In response to suggestions from Board Members, and in an ongoing effort to improve both external and internal customer service, changes have been implemented to improve communication and access to senior management's schedules. The Front Desk Receptionist, secretaries and other managers now have access to senior managers' calendars, which will enable staff to respond quickly and efficiently to internal and external calls when the manager is not available. It will also enable staff to locate the manager and pass on important messages. Voicemail greetings will also be changed whenever the manager is out of the office. If the caller reaches a voicemail greeting which says the manager is in the office that day, the caller can press 0 and someone will be able to inform them where they are and when they are expected to return. e) Hidden Lakes Bridges Dedication. On Saturday, July 28, a formal ribbon cutting was held at the Hidden Lakes Bridge. As you know, the bridge was a joint effort by Central Contra Costa Sanitary District and the City of Martinez. In attendance were Board members Barbara Hockett and Mario Menesini; Vice Mayor Janet Kennedy and Councilmember Michael Menesini from the City of Martinez; Lou Schoeneman, Executive Director of the Martinez Chamber of Commerce; and Chris Hockett, from Cal Engineering and Geology, the design firm for the project. Also in attendance were Chris Hockett's wife Lisa and District staff. Photos from the ribbon cutting are slated to appear in the Martinez Chamber of Commerce newsletter and the Martinez/Pleasant Hill Record of the Contra Costa Times. 2 D Status of Underpayment of Fees by Two Developers. On June 7, 2007, staff advised the Board that the District had undercharged developers of two subdivisions in Danville for capacity, reimbursement, and other related fees. The two developers are KB Homes and Lennar Communities. The subdivisions are located in the "intervening properties" area near Lawrence Road and Camino Tassajara. KB Homes owes an additional $133,287.87 and Lennar Communities owes $258,083.70. Staff has contacted both developers about the underpayment of fees and provided maps and detailed fee information for each lot. Lennar staff has reviewed the information, concurs with the fee amounts owed, and will make full payment within the next two weeks. Staff plans to meet with representatives of KB Homes next week to discuss the fees owed and arrangements for payment. g) Correction on Sewer Service Charge Article. As can be seen in the news clippings, the Contra Costa Times printed a correction of its story on the District's July 1 rate increase on its Friday, July 20 Op -Ed page, making note of the fact that member Lucey had voted against the rate increase. h) De- annexation of southern San Ramon from CCCSD to Dublin San Ramon Services District. At their regular Board Meeting of July 17, 2007, the Dublin San Ramon Services District ( DSRSD) Board of Directors considered an April 20, 2007 proposed plan for redistricting south San Ramon to DSRSD proposed by Rosalind Rogoff. The DSRSD Board took no action on the proposal, including no commitment of their funds or resources to the effort until the substantial political obstacles are removed; in addition they stated DSRSD would not take the lead in a political effort to remove the political obstacles. i) Wastewater Operator Training Program. The Bay Area Clean Water Agencies (BACWA) has contracted with Solano Community College (SCC) to bring the school's accredited water /wastewater program, to Contra Costa and Alameda Counties. Eleven East Bay districts and agencies committed to participating and have committed more than $42,000 for a pilot effort to train new plant operators. Three classes are scheduled to be taught here at the District beginning in September and interest is running very high with initial enrollment requests expected to exceed class sizes. Once that the pilot program is underway, staff will approach Contra Costa County Community Colleges to try and cultivate their interest in developing and providing an operator training program for our county. It is a credit to the Board to support a program that could produce a new and much needed generation of plant operators. Also, in her role as a California Association of Sanitary Agencies Board Member, Member Barbara Hockett played a key role in identifying available training programs and serving as a catalyst to develop the contractual arrangement between BACWA and SCC. j) "New Farm" Housing Project Proposed for Tassajara Valley At its July 24, 2007 meeting, the County Board of Supervisors authorized its staff to proceed with a General Plan Amendment study that would could lead to allow a residential and agricultural development project in Tassajara Valley, north and east of Dougherty Valley. The770 -acre project, called "New Farm," proposes 251 acres of mixed residential and agricultural uses, including 169 single - family houses and 24 multi - family units; 473 acres dedicated to open space; and 46 acres for park and recreation facilities, community and religious facilities, and roadways. A representative of the project proponents has contacted District staff to discuss the availability of sanitary sewer service to the area. The representative was told that the project area is outside the District's boundaries and Sphere of Influence, as well as being outside the County Urban Limit Line. The nearest District sewer line is an eight -inch public main in Camino Tassajara, just west of the project area, but that line cannot be extended much closer to the project due to adverse slope. Since the project area naturally drains to the east and south, one or more pumping stations would be needed to connect the area to the District's collection system. Alternatively, gravity sewer service by Dublin San Ramon Services District may be feasible. Staff will report back to the Board as the study and project proceed through the environmental review process. 4 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: AUGUST 9, 2007 No.: 8•a. Administative Type of Action: ADOPT RESOLUTION Subject: ADOPT RESOLUTION REVISING THE DISTRICT'S RECORDS RETENTION SCHEDULES AND AUTHORIZING DESTRUCTION OF OBSOLETE RECORDS Submitted By: Initiating Dept. /Div.: Elaine Boehme Ad min istration /Secreta jry� of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: 30A 0 for ex4 Xw,.2�� P� �vA A. Taliani E. Boehme . M raves K. Alm ames . Kelly, General anager ISSUE: Board approval of the revised Records Retention Schedules is required to update the District's Records Management Program and to bring the program into compliance with State law. RECOMMENDATION: Adopt a resolution, revising the District's Records Retention Schedules and authorizing the destruction of obsolete records in accordance with State law. The resolution would supercede Resolution 87 -209. The resolution also establishes a two -year review cycle for the Retention Schedules and internal audits to be performed on a regular basis. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. Adoption of updated Records Retention Schedules is recommended to comply with State law. BACKGROUND: On December 17, 1987 the District Board adopted Resolution 87- 209, establishing a Records Management Program for the District. Exhibit A to that resolution defined types of records and identified records created and retained by each division or department, and established retention periods in accordance with the California Government Code. It also charged each Department Director with appointing a Records Representative to work with the Office of the Secretary of the District in administering the program. In September 2005, the Office of the Secretary of the District secured the services of Gladwell Governmental Services, Inc., a records management consultant with extensive experience in the public sector and with special districts. Ms. Gladwell and staff met with all divisions and departments to identify their primary records and, where more than one division was involved, who would be the Office of Record. Draft retention schedules and subsequent revisions were prepared and reviewed by staff. N:\ADMINSUP\ADMIN \DIST- SEC \Position Papers\ PP- RetentionSchedules08- 2007.doc POSITION PAPER Board Meeting Date: AUGUST 9, 2007 subject: ADOPT RESOLUTION REVISING THE DISTRICT'S RECORDS RETENTION SCHEDULES AND AUTHORIZING DESTRUCTION OF OBSOLETE RECORDS District Counsel also reviewed the proposed Records Retention Schedules and his comments have been addressed and recommendations incorporated. The revised Retention Schedules implement responsible records management practices that determine retention periods for District records. The revised Retention Schedules will reduce current and future records storage costs, eliminate duplication of effort, increase efficiency, take advantage of current technology and comply with existing laws. The regular destruction of records is an important component of the District's Records Management Program. Destruction of records provides space for newly archived records and protects the District from unnecessary exposure to litigation. Annual reports are generated for each department listing the records that have reached the end of their retention period. The reports are reviewed and signed by the Managers of each department for final destruction authorization. The destruction of records is in accordance with State law and the District's Records Retention Schedules. It is recommended that the Board adopt the resolution rescinding the previous Resolution 87 -209, and adopting the revised schedules. The resolution also establishes a two -year review cycle for the Retention Schedules and internal audits to be performed on a regular basis. RECOMMENDED BOARD ACTION: Adopt a resolution, revising the District's Records Retention Schedules and authorizing the destruction of obsolete records. The resolution would supercede Resolution 87 -209. N:\ADMINSUP\ADMIN \DIST- SEC \Position Papers\ PP- RetentionSchedules08- 2007.doc RESOLUTION NO. 2007- A RESOLUTION ADOPTING THE REVISED RECORDS RETENTION SCHEDULES AND AUTHORIZING DESTRUCTION OF CERTAIN DISTRICT RECORDS WHEREAS, the maintenance of numerous records is expensive, slows document retrieval, and is not necessary after a certain period of time for the effective and efficient operation of the government of the Central Contra Costa Sanitary District; and WHEREAS, Section 60200 of the Government Code of the State of California provides that the legislative body of a special district may authorize at any time the destruction or disposition of any duplicate record, paper, or document, the original or a permanent photographic record of which is in the files of any officer or department of the district; and WHEREAS, Section 60201 of the Government Code of the State of California was amended effective January 1, 2005, to provide that district records which have served their purpose, which are not expressly required by law to be filed and preserved, and which will not adversely affect any interest of the district or public may be destroyed; and WHEREAS, the District has a procedure to maintain a list of the types of records destroyed or disposed of that reasonably identifies the information contained in the records in each category. NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does resolve as follows: Section 1. The Board of Directors finds that the destruction or disposition of the records series that have exceeded the retention periods as set forth in the Records Retention Schedules (Attachment 1) will not adversely affect any interest of the District or the public. Section 2. The records of the Central Contra Costa Sanitary District, as set forth in the Records Retention Schedules (Attachment 1) attached hereto and incorporated herein by this reference, are hereby authorized to be destroyed as provided by Section 60201 et seq. of the Government Code of the State of California and in accordance with the provision of said schedules in accordance with District policies and procedures, without further action by the Board of Directors of the Central Contra Costa Sanitary District. Section 3. The Office of the Secretary of the District will administer the Records Retention Program. N:\ADMINSUP\ADMIN \DIST- SEC \Resolutions \Retention SchedulesZdoc Page 1 of 2 Section 4. The District's Records Retention Program will be reviewed every two years to ensure compliance with current laws. Internal audits will also be performed on a regular basis. Section 5. The District Board of Directors and Counsel shall review and approve all revisions to the Records Retention Schedules. Section 6. The term "records" as used herein shall include documents, instructions, books, microforms, electronic files, magnetic tape, optical media, or papers; as defined by the California Public Records Act. Section 7. The Secretary of the District shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Section 8. This resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this 9th day of August, 2007, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm Counsel for the District N:\ADMINSUP\ADMIN \DIST- SEC \Resolutions \Retention SchedulesZdoc Page 2 of 2 HOW TO USE RETENTION SCHEDULES ©2006 Gladwell Governmental Services, Inc. (909) 337 -3516 - all rights reserved Do not duplicate or distribute without prior written permission A legend explaining the information presented in the retention schedule is printed on the back of each page for your easy reference; an index to locate records will also be provided. The specified retention period applies regardless of the media of the record: If a record is stored on paper and a computer file on a hard drive, both records should be destroyed (or erased) after the specified period of time has elapsed. Copies or duplicates of records should never be retained longer than the prescribed period for the original record. STRUCTURE: DISTRICT -WIDE, DEPARTMENTS & DIVISIONS The District -wide retention schedule includes those records all departments have in common (letters, memorandums, purchase orders, etc.). These records are NOT repeated in the Department retention schedule, unless that department is the Office of Record, and therefore responsible for maintaining the original record for the prescribed length of time. Each department has a separate retention schedule that describes the records that are unique to their department, or for which they are the Office of Record. Where appropriate, the department retention schedules are organized by Division within that Department. If a record is not listed in your department retention schedule, refer to the District -wide retention schedule. An index will be provided for your reference. DESTROYING RECORDS Records must be destroyed only in the ordinary course of business in accordance with the District's policies and procedures, and in full compliance with applicable Federal, State and Municipal laws. BENEFITS This retention schedule has been developed by Diane R. Gladwell, CMC, an expert in Municipal Government records, and will provide the District with the following benefits: • Reduce administrative expenses, expedite procedures • Free filing cabinet and office space • Reduce the cost of records storage • Eliminate duplication of effort within the District • Find records faster, provide better customer service to internal and external customers • Easier purging of file folders • Determine what media should be used to store records For questions, please contact the District Secretary or General Manager's office. 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G �� ® G E / � \ \0 % k/ CU CU m =; 2 & \ \ \ \ n 0 \ � � . c / ® 2 : g =� c c + ° ) ' 3 / \\� e2�_ — -- . . 2 Hof �£a o ? o �C) ;, 20 m= �7# Q 0 0 9w9 '/i . cn 2\\ § \/ 0o CN \ k § o" _ mm £ ± e o d ■ \ \ k cc 2 \ \ \ £ 2 % 0 "a 2 ƒ k k 2 ) z A \ E k / ; ) \ 2 w Q � R � O � � 2 « � � m O U � Z O U � & w Z w Q M District's Retention Schedules and Destruction of Obsolete Records • The current Retention Schedules were approved by the Board in December 1987 • In September 2005, the District contracted with Diane Gladwell of Gladwell Governmental Services, Inc. - Over 20 years experience working with public and private sectors - Developed Records Retention Schedules for over 80 California cities, counties and special districts -- - -- Revised Retention Schedule Process • Ms. Gladwell and I met with key staff from all divisions /departments to identify their primary records • The draft Retention Schedules and subsequent revisions were prepared and reviewed by staff • Kent Alm, District Counsel, then reviewed the schedules • Kent Alm's comments were reviewed and his recommendations were incorporated i Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 2007 No.: 9.a. Engineering Type of Action: APPROVE AGREEMENT subject: APPROVE AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE SERVICES WITH PHILIP TRANSPORTATION & REDMEDIATION, INC. Submitted By: David Wyatt, HHW Supervisor Initiating Dept /Div.: Engineering / Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: ,��k — 0) V4 OA— a0411 Wyatt C. Swanson A. Farrell Ji..arrington ame . Kelly General Manager ISSUE: The Board of Directors' approval is required for the General Manager to execute technical service agreements for amounts greater than $50,000. RECOMMENDATION: Approve a three -year technical service agreement to provide HHW services with a one -year extension option with Philip Services Corporation (PSC). FINANCIAL IMPACTS: The estimated cost of services to be provided for the three years of service, excluding the extension period, is $2,100,000. Staff estimates that District costs for hazardous waste disposal, temporary staffing, and supplies will increase by approximately $220,000 per year under the proposed contract compared to the existing contract. ALTERNATIVES /CONSIDERATIONS: Philip Services Corporation's (PSC) estimated cost assumes volume and early payment discounts of approximately $19,400 will be realized (see the attached cost comparison). PSC is the lowest responsive proposer. The next closest responsive proposer is Clean Harbors Environmental. An alternative would be to request comparable discounts and negotiate a contract with Clean Harbors Environmental. However, considering their cost proposal was approximately $363,000 more than PSC's proposal, and Clean Harbors made many exceptions to the Request for Proposal, it would not be recommended. BACKGROUND: The Household Hazardous Waste (HHW) services contract with Philip Services Corporation will expire in September. This service contract includes hazardous waste transportation and disposal /recycling, labor support, supplies, and emergency response support for the Household Hazardous Waste Collection Facility, treatment plant, and collection system. The initial contract period was three years with an optional fourth. The contract was extended to a fifth year at the request of the District due to staffing issues with District permanent staff. N: \ENVRSEC \Position Papers \Wyatt \PP HHW Svcs Philip Transp & Remediation 8- 9- 07.DOC Page 1 of 3 POSITION PAPER Board Meeting Date:. August 9, 2007 subject: APPROVE AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE SERVICES WITH PHILIP TRANSPORTATION & REDMEDIATION, INC. To continue these services to support the District's commitment to collect HHW from residents and qualifying small businesses throughout central Contra Costa County, staff solicited competitive proposals to establish a new contract effective September 2007 through December 2010, with an option for an additional year. Requests for proposal were sent to seventeen vendors as well as advertised in the Contra Costa Times. Staff received proposals from the following five vendors: Philip Services Corporation (PSC) Veolia Environmental Services (Veolia) Rineco Chemical (Rineco) (Non- responsive) Clean Harbors Environmental Services (Clean Harbors) General Environmental Management (GEM) The proposals were evaluated based on two categories: Technical Content and Cost. The technical proposals were evaluated for content and completeness. Of the five proposers, only Philip Services Corporation met all the requirements of the RFP. Staff found one proposer, Rineco, to be non - responsive due to many omissions from their proposal and in particular, due to their inability to show any experience providing the full range of HHW services in California. Key points evaluated for the cost proposal were financial status and stability of the proposer, and cost competitiveness of the proposal. Philip Services (PSC) demonstrated the most favorable financial status and was the only vendor fully responsive in providing costs for all listed categories. Philip Services Corporation was significantly less expensive (17 %) than the next most competitive vendor. The combined technical and cost ranking of the proposals was as follows: 1 - Philip Services Corporation (PSC) 2 - Clean Harbors Environmental 3 - General Environmental Management 4 - Veolia Environmental Management 5 - Rineco Chemical (non- responsive) PSC has been the HHW services contractor since 1997 when the HHW facility opened and has performed satisfactorily. PSC has successfully been awarded this contract each time through the competitive bid process, and has shown in this proposal that they are dedicated to continuing to provide quality service at a reasonable cost. In summary, not only has PSC provided the most responsive, lowest cost proposal, they have also offered additional incentives in their proposal to improve customer service. District staff feels confident that PSC is the best choice to provide HHW services. The Board HHW Committee reviewed and concurred with the staff evaluation of the five proposals on June 26, 2007. NAENVRSEC \Position Papers \Wyatt \PP HHW Svcs Philip Transp & Remediation 8- 9- 07.DOC Page 2 of 3 POSITION PAPER Board Meeting Date: August 9, 2007 subject: APPROVE AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE SERVICES WITH PHILIP TRANSPORTATION & REDMEDIATION, INC. RECOMMENDED BOARD ACTION: Approve a technical service agreement with Philip Services Corporation (PSC) to provide HHW services, effective September 2007 through December 2010, with an option to extend the contract for one year to December 2011. N:\ENVRSEC \Position Papers \Wyatt \PP HHW Svcs Philip Transp & Remediation 8- 9- 07.DOC Page 3 of 3 ' Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 2007 No,: 9.b. Engineering Type of Action: AUTHORIZE AGREEMENT subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN ENGINEERING SERVICES AGREEMENT WITH RMC WATER AND ENVIRONMENT FOR PREPARATION OF THE COLLECTION SYSTEM MASTER PLAN UPDATE (DP 5978) Submitted By: Initiating Dept✓Div.: Gail Chesler, Associate Engineer Engineering / Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: C a L'/ N _A�C_ G. Chesler D. Berger C. Swanson A. Farrell James . elly General Manager ISSUE: Board of Director's authorization is required for the General Manager to execute professional services agreements for amounts greater than $50,000. RECOMMENDATION: Authorize the General Manager to execute an agreement for $360,000 with RMC Water and Environment for preparation of the Collection System Master Plan Update. FINANCIAL IMPACTS: The total estimated cost to conduct the requisite studies and complete the Master Plan Update is $420,000 including outside consultants and District staff. ALTERNATIVES /CONSIDERATIONS: The Board could decide not to move forward with the proposed study. However, this is not recommended because changes in planned growth as well as new information on flows generated by wet weather events need to be analyzed and the Collection System Master Plan updated to properly plan for needed capacity increases in the Districts collection system. BACKGROUND: District -wide master plans were completed in 1956, 1966, 1986, and 2000. The most recent study, completed in 2000, used information from the cities and county that was gathered in 1998. Updates to several General and Specific Plans have occurred since then and this new information affects the capacity requirements of the sewer network. Also, in the winter of 2004 -05, the District conducted its first full -scale flow monitoring field study since 1985 -86. These results generally indicate that some of the earlier assumptions about how much wet weather flow enters the collection system may have been overly conservative and should be re- examined. This project will update the Collection System Master Plan to include the latest planning information from the Cities and County and the latest wet weather flow data. The result will be a plan for collection system capital improvements to accommodate capacity that C: \Documents and Settings\afarrell \Desktop \PP RMC Water Agreement CSMP Update 8 -9 -07_ doc Page 1 of 2 POSITION PAPER Board Meeting Date: August 9, 2007 subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN ENGINEERING SERVICES AGREEMENT WITH RMC WATER AND ENVIRONMENT FOR PREPARATION OF THE COLLECTION SYSTEM MASTER PLAN UPDATE (DP 5978) accurately projects when the capacity is needed, either due to development or to increased wet weather flows. Staff recommends that RMC Water and Environment provide consulting services for the 2007 -08 Update to the Collection System Master Plan. This firm was competitively selected from a field of seven consulting firms who were asked for qualifications statement. Four submitted statements of qualifications and three were selected to continue through the proposal /interview process. Of these three, RMC provided the most experienced team and the scope that best met the District's needs. The request for proposal deferred to the consulting firms to augment their teams with any sub - consultants they felt would add value. Two sub - consultants will be used by RMC: Talavera and Richardson for a portion of the hydraulic modeling work and Karen Johnson for a portion of the city and County planning work. Major components of the project are (1) develop updated land use planning information, (2) develop new design flow criteria, (3) update the hydraulic model to include the new land use data and design flow criteria, (4) develop, evaluate and prioritize capacity improvement projects, and (5) prepare a master plan report. The proposed contract includes four workshops for presentation and discussion of land use planning results, design flow criteria, capacity analysis, and capital improvement projects. Staff has concluded that the agreement with RMC Water and Environment is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15262 since they involve planning tasks for possible future actions, which the District has not approved, adopted or funded, and the outcome of these tasks will not have a legally binding effect on later activities. The District will conduct an environmental evaluation of any capital project that is proposed in the future as a result of this project to determine the appropriate CEQA compliance documentation. This project is included in the 2007 -08 Capital Improvement Budget (CIB) beginning on page CS -60 in the Collection System Program. Staff has conducted a cash flow analysis of the Collection Systems Program authorization and concluded that adequate funds are available for this project. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute an agreement for $360,000 with RMC Water and Environment for preparation of the Collection System Master Plan Update (DP 5978). C: \Documents and Settings\afarrell \Desktop \PP RMC Water Agreement CSMP Update 8- 9- 07_.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 9, 2007 No.: 9.c. Engineering Type of Action: AUTHORIZE AGREEMENT subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH DCM ENGINEERING TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR SOIL SAMPLING AND TESTING FOR THE PLANT WET WEATHER PROTECTION PROJECT, DISTRICT PROJECT 7266 Submitted By: Initiating Dept. /Div.: Ba T. Than, Senior Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: n. Th n T. i A. Farre 416mes M. KelTy, General Manager ISSUE: Board of Directors' authorization is required for the General Manager to execute professional engineering services contracts for amounts greater than $50,000. RECOMMENDATION: Authorize the General Manager to execute an agreement with DCM Engineering to provide soil sampling and testing for the Plant Wet Weather Protection Project, District Project 7266, in the amount of $75,000. FINANCIAL IMPACTS: The cost for sediment sampling and testing plus District force account to monitor the Contra Costa County Flood Control and Water Conservation District's (FCD) 2007 Lower Walnut Creek Interim Protection Measures Project (Protection Project) is estimated at approximately $175,000. Construction of the FCD's Protection Project will allow the District to redirect $1 to 2 million in expenditures budgeted for flood protection to other needed projects. ALTERNATIVES /CONSIDERATIONS: The sampling and testing for this project requires specialized expertise, which is not available at the District at this time. BACKGROUND: The latest hydraulic modeling by the FCD and the U.S. Army Corp of Engineers of Lower Walnut Creek indicates that the District's treatment facilities are subject to flooding during a 100 -year storm. In order to address the potential flooding issues, the FCD has initiated the Protection Project to provide needed flood protection along Lower Walnut Creek. This project will remove built -up sediment in the Lower Page 1 of 2 RXPESUP \Position Papers \Than \7266 DCM EngineeringFinal.doc 7/31/2007 10:27 AM POSITION PAPER Board Meeting Date: August 9, 2007 subject AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH DCM ENGINEERING TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR SOIL SAMPLING AND TESTING FOR THE PLANT WET WEATHER PROTECTION PROJECT, DISTRICT PROJECT 7266 Walnut Creek channel and raise /restore the levees along the west banks of both Walnut and Grayson Creeks. On July 27 and August 2, the Board's Real Estate Committee approved two real property agreements with the FCD allowing for the removal and disposal of soil /desilt sediment from /onto various sites on District property. A major concern for the District in allowing the use of its property for disposal of soil /desilt material is the potential for importing hazardous materials in the desilt sediment. The FCD has sampled and tested for several constituents in the desilt sediments. However, staff proposes to further test the sediments for volatile organic compounds, diesel, gasoline, PCBs, semi - volatile organic compounds, pesticides and herbicides. This proposed testing will provide the District with additional assurances that no hazardous materials are present in the desilt sediment. Testing will also be conducted on soils removed from District sites to make sure no contaminated material is used for levee construction. DCM Engineering has been supporting staff in the review of geotechnical and hazardous material reports on other District activities. Staff proposes to continue working with DCM Engineering on this project. Staff has negotiated a contract with DCM Engineering in an amount not to exceed $75,000 for the soil sampling, testing, review, and data analysis. The Plant Wet Weather Protection Project is included in the Fiscal Year 2007 -08 Capital Improvement Budget, pageTP -60. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15306, since it involves basic data collection activities that would not result in a serious or major disturbance to an environmental resource. Approval of this award establishes the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a professional engineering services agreement with DCM Engineering in the amount of $75,000, for soil sampling and testing for the Plant Wet Weather Protection Project, District Project No. 7266. ,Page 2 of 2 N:\PESUP \Position Papers \Than \7266 DCM EngineeringFinal.doc 8/2/2007 1:47 PM U G1 3��i 4� a� m O .r., +, U O �� U 00 0 0 N �I �+ O 4� N � .� G� � U +� � �q c� U O i;� 4 •� O � �U ° cn V ��, bJp• O O 4-4 4-J � c� � V 4-4 Q U p O cn b�0 O v Ov '� V) 4-' cn N N r..� M o � o0 G1 4-J cn °•J ' -�-� M � c V ° p O ct Ol ct O u V ■ .-1 O •U ct (U •V 7:� ct V V I ~ U 4.� 4-j • .�-I 4-J 4-J V 7 o U Cl\ rl a wi cv 0 . j zJ 71 T • 7E 06 Z b�O E av 06 Z b�O E av Ln bC av bC -10 . ml rep U G1 A` V W \/ { Q t ";r A. 1 5w5} + 1 4 s `F a &� i { Q t ";r A. 1 5w5} + 1 4 s `F a &� d Tu co *0 � N V p 2 d CJ 'mot � y N j y ow A o so 4. 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