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Home My WebLink About12/20/2007 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 20, 2007 No.: 4.c. Consent Calendar Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM GLACIER CLASSICS LP FOR AN EASEMENT SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION 8347 IN THE CITY OF MARTINEZ, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5562 — PARCEL 1 *) Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: 1 V M. Mullin J. M amoto -Mills C. Swanson A. Farrell James M. ly General M nager 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 8347 that is required for a recent public sewer extension off Glacier Drive in the City of Martinez (as shown on Attachment 1). 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 Glacier Classics LP, for an easement shown on the recorded final map of Subdivision 8347 in the City of Martinez, accepting Job 5562 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 \5562 PP Glacier Classics GOE 12- 20- 07.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date December 20, 2007 No.: 4.d. Consent Calendar Type of Action: ADOPT RESOLUTION Subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM WESTERN PACIFIC HOUSING - WINDEMERE LLC FOR EASEMENTS SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION 8646 IN THE DOUGHERTY VALLEY AREA OF SAN RAMON, ACCEPTING PUBLIC SEWER IMPROVEMENTS AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5615 — PARCEL 1-) Submitted By: Initiating Dept. /Div Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: A.Ad4,-,� ___ NA2 0M___ Z 1�4 M. Mullin J. Mi amoto -Mills . Swanson A. Farrell ames . Kelly General anager 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: 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 resolution will accept easements shown on the recorded final map of Subdivision 8646 that are required for a recent public sewer extension off Albion Road in the Dougherty Valley area of San Ramon (as shown on Attachment 1). 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 Western Pacific Housing - Windemere LLC for easements shown on the recorded final map of Subdivision 8646 in the Dougherty Valley area of San Ramon, accepting Job 5615 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 \5615 PP Western Pacific Housing OD 12- 20- 07.doc DANVILLE LAWRENCE RDI SITE . LEGEND: �fJ� --Ej -- EXISTING SEWER r NEW SEWER N SUBDIVISION BOUNDARY EASEMENT AREA -PARCEL 1 Central Contra Costa Attachment Sanitary District ACCEPT EASEMENT 41TC1 JOB 5615 - PARCEL 1 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date December 20, 2007 No.: 4.e. Consent Calendar Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM BROOKFIELD AMBRIDGE LLC FOR EASEMENTS SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION 8669 IN THE DOUGHERTY VALLEY AREA OF SAN RAMON, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5620 — PARCEL 1 *) Submitted By: Initiating Dept. /Div Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: U� M. Mullin J. amoto -Mills C. Swanson A. Farrell 7Aames M. Ily General M ager 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: 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 resolution will accept easements shown on the recorded final map of Subdivision 8669 that are required for a recent public sewer extension off Watermill Road in the Dougherty Valley area of San Ramon (as shown on Attachments 1 and 2). 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 Brookfield Ambridge LLC for easements shown on the recorded final map of Subdivision 8669 in the Dougherty Valley area of San Ramon, accepting Job 5620 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 \5620 PP Brookfield Ambridge GOE 12- 20- 07.doc D M r DANVILLE RDI SAN RAMON �!� SITE 9� i os ,r LOCATION MAP N. T. S. HAMPSHIRE WAY . co M _ o � z � LEGEND: --e — NEW SEWER loe _�.. EXISTING SEWER N J EASEMENT AREA Central Contra Costa Attachment Sanitary District ACCEPT EASEMENT ' JOB 5620 - PARCEL 1 1 LEGEND: --) NEW SEWER EXISTING SEWER EASEMENT AREA Central Contra Costa Sanitary District 4dcl 9sti� <,y 16711U P11R44 SAN RAMON SITE v� _� Cis JN y LOCATION MAP N. T. S. I / I I j ACCEPT EASEMENT Attachment JOB 5620 - PARCEL 1 1 2 l ACCEPT EASEMENT Attachment JOB 5620 - PARCEL 1 1 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 20, 2007 No.: 4.f. Consent Calendar Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION AND PUBLIC SEWER IMPROVEMENTS FROM GORMAN "B" FAMILY LIMITED PARTNERSHIP, INDUSTRIAL WAY, CONCORD, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5628 — PARCEL 1-) Submitted By: Initiating Dept /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: 0 iA - - -)-/ - t �) � - M. Mullin J. iyamoto -Mills C. Swanson A. Farrell ames M. elly eneral Manager ISSUE: A resolution of the Board of Directors is required to accept an offer of dedication and public sewer improvements, and to authorize staff to record the resolution. RECOMMENDATION: Adopt a resolution accepting an Offer of Dedication and public sewer improvements, and authorizing recording of the documents with the Contra Costa County Recorder. FINANCIAL IMPACTS: The new 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 and sewers installed during the recent sewer extension off Industrial Way in North Concord (as shown on Attachment 1). Staff has reviewed the easement documents, inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an Offer of Dedication from the Gorman "B" Family Limited Partnership, accepting Job 5628 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 \5628 PP Gorman B Family OD 12- 20- 07.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 20, 2007 No.: 4.g. Consent Calendar Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION AND PUBLIC SEWER IMPROVEMENTS FROM JOHN A. McHUGH, TRUSTEE, INDUSTRIAL WAY, CONCORD, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5628 — PARCEL 2 *) Submitted By: Initiating Dept /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: Y� -> �y - �q v �J 4 M. Mullin J. amoto -Mills C. Swanson ow A. Farrell es ' KeVy e eral Manfber ISSUE: A resolution of the Board of Directors is required to accept an offer of dedication and public sewer improvements, and to authorize staff to record the resolution. RECOMMENDATION: Adopt a resolution accepting an Offer of Dedication and public sewer improvements, and authorizing recording of the documents with the Contra Costa County Recorder. FINANCIAL IMPACTS: The new 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 and sewers installed during the recent sewer extension off Industrial Way in North Concord (as shown on Attachment 1). Staff has reviewed the easement documents, inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an Offer of Dedication from John A. McHugh, Trustee, accepting Job 5628 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. WENVRSEC \Position Papers \Mullin\2007 \5628 PP McHugh OD 12- 20- 07.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 20, 2007 No.: 4.h. Consent Calendar Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION AND PUBLIC SEWER IMPROVEMENTS FROM ROMERS RV CENTER, INDUSTRIAL WAY, CONCORD, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5628 — PARCEL 3 *) Submitted By: Initiating Dept✓Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: M. Mullin J. iyamoto -Mills C. Swanson A. Farrell ames M. ISSUE: A resolution of the Board of Directors is required to accept an offer of dedication and public sewer improvements, and to authorize staff to record the resolution. RECOMMENDATION: Adopt a resolution accepting an Offer of Dedication and public sewer improvements, and authorizing recording of the documents with the Contra Costa County Recorder. FINANCIAL IMPACTS: The new 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 and sewers installed during the recent sewer extension off Industrial Way in North Concord (as shown on Attachment 1). Staff has reviewed the easement documents, inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an Offer of Dedication from Romers RV Center, accepting Job 5628 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 \5628 PP Romers RV OD 12- 20- 07.doc EN� ��' L"� �i.� . r x LOCATION MAP N. T. S. ;;; � �- - �-- — — _ , - -I- - LEGEND: —) NEW SEWER EXISTING SEWER EASEMENT AREA Central Contra Costa Sanitary District 0 ROMER S Rv CEN , p,PN 159- 060-060 ACCEPT EASEMENT JOB 5628 - PARCEL 3 Attachment 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 20, 2007 No.: 4.i. Consent Calendar Type of Action: AUTHORIZE AN ALHAMBRA VALLEY ASSESSMENT DISTRICT subject: CONSIDER THE FORMATION OF AN ALHAMBRA VALLEY ASSESSMENT DISTRICT (AVAD) FOR PROPERTIES ON MONTEIRA LANE AND RELIEZ VALLEY ROAD IN UNINCORPORATED MARTINEZ FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE MONTEIRA AVAD NO. 2007 -4 FOR APPROVAL OF THE BOUNDARY, AND REQUESTING CONSENT OF CONTRA COSTA COUNTY FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE AVAD Submitted By: Initiating Dept /Div.: Russell B. Leavitt, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: 2AA2 — Lw— f� R. Leavitt C. Swanson A. Farrell K. Alm mes M. ISSUE: Owners of properties on Monteira Lane and Reliez Valley Road in unincorporated Martinez are interested in connecting their homes to the Central Contra Costa Sanitary District ( CCCSD) sewer system, and have requested formation of an Alhambra Valley Assessment District (AVAD) to finance an extension of the public sewer system. Board approval is required for the AVAD. RECOMMENDATION: Find that the project is exempt from the California Environmental Quality Act (CEQA) and approve initiating the formation of Monteira AVAD No. 2007 -4. FINANCIAL IMPACTS: There are administrative costs for initiating the formation of an AVAD. The AVAD participants eventually will pay these costs if an AVAD is actually formed. ALTERNATIVES /CONSIDERATIONS: Reject or defer initiating formation of the AVAD. These actions would halt or delay the AVAD proceedings and would be inconsistent with the District's efforts to assist property owners who wish to voluntarily convert from septic systems to public wastewater utility service. BACKGROUND: Owners of properties located on Monteira Lane and Reliez Valley Road in unincorporated Martinez have indicated interest in connecting their homes to CCCSD's public sewer system. In fact, five of the eight have already constructed a public main sewer on Monteira Lane, but they are still interested in forming an AVAD to allow all the opportunity of AVAD financing. The area where the AVAD would be formed is shown on Attachment 1. N: \ENVRSEC \Position Papers \Leavitt\2007 \PP Formation of AVAD 2007 -4 Monteira 12- 20- 07.doc POSITION PAPER Board Meeting Date: December 20, 2007 Subject: CONSIDER THE FORMATION OF AN ALHAMBRA VALLEY ASSESSMENT DISTRICT (AVAD) FOR PROPERTIES ON MONTEIRA LANE AND RELIEZ VALLEY ROAD IN UNINCORPORATED MARTINEZ FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE MONTEIRA AVAD NO. 2007 -4 FOR APPROVAL OF THE BOUNDARY, AND REQUESTING CONSENT OF CONTRA COSTA COUNTY FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE AVAD The initial steps toward creation of Monteira AVAD No. 2007 -4 are for the Board of Directors to adopt a resolution indicating CCCSD's intention to designate an area within which contractual assessments are appropriate; briefly describing the proposed financing for the project; establishing the boundaries of the AVAD; setting the time, date, and place for a public hearing at which interested persons may inquire about or object to the proposed program; and directing staff to prepare an Engineer's Report describing the project and financing arrangements. Additional resolutions are required to approve the boundary of the assessment district and to request the consent of Contra Costa County for CCCSD to conduct proceedings for Monteira AVAD No. 2007 -4. Staff has concluded that this project is exempt from CEQA under District CEQA Guidelines Section 15061(b)(3), since it can be "seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment." The activity, in this case, is the formation of the AVAD only, since the sewer has already been constructed. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Authorize formation of an AVAD consisting of 8 properties on Monteira Lane and Reliez Valley Road by: 1. Adopting a resolution of intention to create Monteira AVAD No. 2007 -4 for the purpose of installing sewer improvements (Exhibit 1); 2. Adopting a resolution approving the boundary of the assessment district (Exhibit 2); and 3. Adopting a resolution requesting consent from Contra Costa County for CCCSD to conduct proceedings for Monteira AVAD No. 2007 -4 (Exhibit 3). N: \ENVRSEC \Position Papers \Leavitt\2007 \PP Formation of AVAD 2007 -4 Monteira 12- 20- 07.doc EXHIBIT 1 RESOLUTION NO. 2007- RESOLUTION OF INTENTION TO CREATE MONTEIRA ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -4 FOR THE PURPOSE OF INSTALLING SEWER IMPROVEMENTS WHEREAS the public health and the environment would be best protected by the expansion of the public sewer system; WHEREAS the construction and installation of a sanitary sewer pipeline, together with appurtenant work and facilities, in areas not presently connected to the sewer system would facilitate the elimination of potential public health problems due to failing septic systems; and WHEREAS it would be convenient and advantageous to establish a boundary around an area within which the District and property owners may enter into contractual assessments and make arrangements to finance public improvements to parcels which are developed and where the costs and time delays involved in creating an assessment district pursuant to alternative provisions in the law would be prohibitively large relative to the cost of the improvement. THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District resolves: This Board intends to approve the following improvement under the authority of the Municipal Improvement Act of 1911, as amended, to wit: Construction and installation of approximately 360 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Monteira Lane in unincorporated Martinez, California. 2. This Board finds that the parcels within the Alhambra Valley Assessment District are shown within the boundaries of the map entitled, "Proposed Boundary of Monteira AVAD No. 2007 -4." 3. This Board intends to levy a special assessment upon participating parcels within the described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvement. The improvement proposed will not confer any special benefit upon any publicly owned land. Hence, there shall be omitted from special assessment all public streets, alleys, and places and all land belonging to the United States, the State of California, the County of Contra Costa, and Central Contra Costa Sanitary District now in use in the performance of a public function. 4. This District will provide loan financing for the improvements to be repaid by assessments on the property of participating parcel owners. Assessments shall be paid over a maximum period of fifteen (15) years with interest at a rate to be fixed by the District. NAENVRSEC \Position Papersleavitt\200AExhibits 1, 2, 3 Res for AVAD -4 Monteira 12- 20- 07.doc 5. The procedure for the collection of assessments will be the placement of assessments on participating parcel owners' tax bills. The first assessments will be placed on owners' tax bills in fiscal year 2008 -2009. 6. This Board appoints Curtis Swanson, Environmental Services Division Manager, to prepare the report required by Section 5898.22 of the Streets and Highways Code. 7. A public hearing shall be held on this matter on March 20, 2008 at the District offices, 5019 Imhoff Place, Martinez. This date is tentative and may be modified in the future. 8. The Board independently finds that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 5.2(b)(3), since it can be "seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." The activity, in this case, would be the formation of the AVAD. PASSED AND ADOPTED this 20th day of December 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 of the Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel NAENVRSEMPosition Papers \Leavitt\2007 \Exhibits 1, 2, 3 Res for AVAD -4 Monteira 12- 20- 07.doc EXHIBIT 2 RESOLUTION NO. 2007- RESOLUTION APPROVING BOUNDARY MAP MONTEIRA ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -4 The Board of Directors of the Central Contra Costa Sanitary District resolves: A map entitled "Proposed Boundary of Monteira AVAD No. 2007 -4" has been filed with the Secretary of the Central Contra Costa Sanitary District. This Board approves the map and adopts the boundaries shown on the map as describing the extent of the territory included in a proposed assessment district to be known as Monteira AVAD No. 2007 -4, Central Contra Costa Sanitary District, County of Contra Costa, California. This Board intends to levy a contractual assessment upon participating parcels within the described district in accordance with the benefit to be received by each parcel of land, respectively, from the improvement. There shall be omitted from assessment, all public streets, alleys, and places and all land belonging to the United States, the State of California, the County of Contra Costa, and the District because it has been determined that no special benefit will be conferred on any such land within the District. This Board finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code. This Board directs the Secretary of the District to certify the adoption of this resolution on the face of the map and to file a copy of the map with the County Recorder for placement in the Book of Maps of Assessment and Community Facilities Districts. PASSED AND ADOPTED this 201h day of December 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 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 APROVED AS TO FORM: Kenton L. Alm, District Counsel NAENVRSEC \Position Papers \Leavitt\2007\Exhibits 1, 2, 3 Res for AVAD -4 Monteira 12- 20- 07.doc EXHIBIT 3 RESOLUTION NO. 2007- RESOLUTION REQUESTING CONSENT TO CONDUCT ASSESSMENT PROCEEDINGS FOR MONTEIRA ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -4 The Board of Directors of the Central Contra Costa Sanitary District (CCCSD) resolves: On December 20, 2007, the Board adopted a Resolution of Intention, a copy of which is attached hereto, marked Exhibit 1, and by reference incorporated herein as though fully set forth. All of the property proposed to be assessed lies within the County of Contra Costa. All public streets, alleys, places, and all land belonging to the United States, the State of California, the County of Contra Costa, and CCCSD shall be omitted from assessment because it has been determined that no special benefit will be conferred on any such land within the proposed Assessment District. The County of Contra Costa will, in the opinion of the Board of Directors of CCCSD, be benefited by the improvements referred to in the Resolution of Intention, and the purposes sought to be accomplished by the work can best be accomplished by a single, comprehensive scheme of work. The consent of the County of Contra Costa, through its Board of Supervisors, is hereby requested to the formation of the Assessment District described in said Resolution of Intention, to the improvement described, and to the assumption of jurisdiction by the CCCSD Board of Directors for all purposes in connection with the formation of this Assessment District, the improvements to be made and the assessment of property within the boundaries of the proposed Assessment District. The Secretary of CCCSD is hereby directed to transmit a certified copy of this resolution with the Resolution of Intention attached and a certified copy of the map showing the boundaries of the Assessment District to the County of Contra Costa. PASSED AND ADOPTED this 20th day of December 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 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, District Counsel NAENVRSEMPosition Papersleavitt\2007 \Exhibits 1, 2, 3 Res for AVAD -4 Monteira 12- 20- 07.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 20, 2007 No.: 4.j. Consent Calendar Type of Action: AUTHORIZE AN ALHAMBRA VALLEY ASSESSMENT DISTRICT subject: CONSIDER THE FORMATION OF AN ALHAMBRA VALLEY ASSESSMENT DISTRICT (AVAD) FOR PROPERTIES ON ALHAMBRA VALLEY ROAD, FALLEN OAK LANE AND QUAIL LANE IN UNINCORPORATED MARTINEZ FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE QUAIL AVAD NO. 2007 -6 FOR APPROVAL OF THE BOUNDARY, AND REQUESTING CONSENT OF CONTRA COSTA COUNTY FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE AVAD Submitted By: Initiating Dept. /Div.: Russell B. Leavitt, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: glx,z P� M�� 4 �A R. Leavitt C. Swanson A. Farrell K. Alm /,fames M.,Kelly ISSUE: Owners of properties on Alhambra Valley Road, Fallen Oak Lane, and Quail Lane in unincorporated Martinez are interested in connecting their homes to the Central Contra Costa Sanitary District ( CCCSD) sewer system, and have requested formation of an Alhambra Valley Assessment District (AVAD) to finance an extension of the public sewer system. Board approval is required for the AVAD. RECOMMENDATION: Find that the project is exempt from the California Environmental Quality Act (CEQA) and approve initiating the formation of Quail AVAD No. 2007 -6. FINANCIAL IMPACTS: There are administrative costs for initiating the formation of an AVAD. The AVAD participants eventually will pay these costs if an AVAD is actually formed. ALTERNATIVES /CONSIDERATIONS: Reject or defer initiating formation of the AVAD. These actions would halt or delay the AVAD proceedings and would be inconsistent with the District's efforts to assist property owners who wish to voluntarily convert from septic systems to public wastewater utility service. BACKGROUND: Owners of properties located on Alhambra Valley Road, Fallen Oak Lane, and Quail Lane in unincorporated Martinez have contacted District staff to obtain information regarding connecting their homes to CCCSD's public sewer system. A sufficient number of property owners whose properties could benefit from the extension of a public sewer have expressed interest in investigating and forming an Alhambra Valley Assessment District (AVAD). The area where the AVAD would be formed is shown on Attachment 1. N: \ENVRSEC \Position Papers \Leavitt\2007 \PP Formation of AVAD 2007 -6 Quail 12- 20- 07.doc POSITION PAPER Board Meeting Date: December 20, 2007 Subject: CONSIDER THE FORMATION OF AN ALHAMBRA VALLEY ASSESSMENT DISTRICT (AVAD) FOR PROPERTIES ON ALHAMBRA VALLEY ROAD, FALLEN OAK LANE AND QUAIL LANE IN UNINCORPORATED MARTINEZ FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE QUAIL AVAD NO. 2007 -6 FOR APPROVAL OF THE BOUNDARY, AND REQUESTING CONSENT OF CONTRA COSTA COUNTY FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE AVAD The initial steps toward creation of Quail AVAD No. 2007 -6 are for the Board of Directors to adopt a resolution indicating CCCSD's intention to designate an area within which contractual assessments are appropriate; briefly describing the proposed financing for the project; establishing the boundaries of the AVAD; setting the time, date, and place for a public hearing at which interested persons may inquire about or object to the proposed program; and directing staff to prepare an Engineer's Report describing the project and financing arrangements. Additional resolutions are required to approve the boundary of the assessment district and to request the consent of Contra Costa County for CCCSD to conduct proceedings for Quail AVAD No. 2007 -6. Staff has concluded that this project is exempt from CEQA under District CEQA Guidelines Section 15061(b)(3), since it can be "seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment." This certainty is based on the District's past experience with numerous sewer construction projects of this nature, the relatively short distance involved, and the District's mitigating construction specifications that would be required of the project. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Authorize formation of an AVAD consisting of 14 properties on Alhambra Valley Road, Fallen Oak Lane and Quail Lane by: 1. Adopting a resolution of intention to create Quail AVAD No. 2007 -6 for the purpose of installing sewer improvements (Exhibit 1); 2. Adopting a resolution approving the boundary of the assessment district (Exhibit 2); and 3. Adopting a resolution requesting consent from Contra Costa County for CCCSD to conduct proceedings for Quail AVAD No. 2007 -6 (Exhibit 3). NAENVRSEMPosition Papers \Leavitt\2007 \PP Formation of AVAD 2007 -6 Quail 12- 20- 07.doc Pip �E r JN I SITE PLEASA $ HILL LOCATION MAP N.T.S. LEGEND: POTENTIAL N 0 AVAD AREA AVAD SEWER< OUTSIDE URBAN LIMIT LINE o 400 POSSIBLE AVAD PARTICIPANTS FEET AA Central Contra Costa Attachment s Sanitary District PROPOSED BOUNDARY OF ' QUAIL AVAD NO. 2007-6 1 J J V EXHIBIT 1 RESOLUTION NO. 2007- RESOLUTION OF INTENTION TO CREATE QUAIL ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -6 FOR THE PURPOSE OF INSTALLING SEWER IMPROVEMENTS WHEREAS the public health and the environment would be best protected by the expansion of the public sewer system; WHEREAS the construction and installation of a sanitary sewer pipeline, together with appurtenant work and facilities, in areas not presently connected to the sewer system would facilitate the elimination of potential public health problems due to failing septic systems; and WHEREAS it would be convenient and advantageous to establish a boundary around an area within which the District and property owners may enter into contractual assessments and make arrangements to finance public improvements to parcels which are developed and where the costs and time delays involved in creating an assessment district pursuant to alternative provisions in the law would be prohibitively large relative to the cost of the improvement. THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District resolves: 1. This Board intends to approve the following improvement under the authority of the Municipal Improvement Act of 1911, as amended, to wit: Construction and installation of approximately 1,875 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Alhambra Valley Road and Quail Lane in unincorporated Martinez, California. 2. This Board finds that the parcels within the Alhambra Valley Assessment District are shown within the boundaries of the map entitled, "Proposed Boundary of Quail AVAD No. 2007 -6." 3. This Board intends to levy a special assessment upon participating parcels within the described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvement. The improvement proposed will not confer any special benefit upon any publicly owned land. Hence, there shall be omitted from special assessment all public streets, alleys, and places and all land belonging to the United States, the State of California, the County of Contra Costa, and Central Contra Costa Sanitary District now in use in the performance of a public function. 4. This District will provide loan financing for the improvements to be repaid by assessments on the property of participating parcel owners. Assessments shall be paid over a maximum period of fifteen (15) years with interest at a rate to be fixed by the District. NAENVRSEMPosition Papers \Leavitt\2007 \Exhibits 1, 2, 3 Res for AVAD -6 Quail 12- 20- 07.doc 5. The procedure for the collection of assessments will be the placement of assessments on participating parcel owners' tax bills. The first assessments will be placed on owners' tax bills in fiscal year 2008 -2009. 6. This Board appoints Curtis Swanson, Environmental Services Division Manager, to prepare the report required by Section 5898.22 of the Streets and Highways Code. 7. A public hearing shall be held on this matter on March 20, 2008 at the District offices, 5019 Imhoff Place, Martinez. This date is tentative and may be modified in the future. 8. The Board independently finds that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 5.2(b)(3), since it can be "seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." This certainty is based on the District's past experience with numerous sewer construction projects of this nature, the relatively short distance involved, and the District's mitigating construction specifications that would be required of the project. PASSED AND ADOPTED this 20th day of December 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 of the Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel NAENVRSEMPosition Papers \Leavitt\2007 \Exhibits 1, 2, 3 Res for AVAD -6 Quail 12- 20- 07.doc EXHIBIT 2 RESOLUTION NO. 2007- RESOLUTION APPROVING BOUNDARY MAP QUAIL ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -6 The Board of Directors of the Central Contra Costa Sanitary District resolves: A map entitled "Proposed Boundary of Quail AVAD No. 2007 -6" has been filed with the Secretary of the Central Contra Costa Sanitary District. This Board approves the map and adopts the boundaries shown on the map as describing the extent of the territory included in a proposed assessment district to be known as Quail AVAD No. 2007 -6, Central Contra Costa Sanitary District, County of Contra Costa, California. This Board intends to levy a contractual assessment upon participating parcels within the described district in accordance with the benefit to be received by each parcel of land, respectively, from the improvement. There shall be omitted from assessment, all public streets, alleys, and places and all land belonging to the United States, the State of California, the County of Contra Costa, and the District because it has been determined that no special benefit will be conferred on any such land within the District. This Board finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code. This Board directs the Secretary of the District to certify the adoption of this resolution on the face of the map and to file a copy of the map with the County Recorder for placement in the Book of Maps of Assessment and Community Facilities Districts. PASSED AND ADOPTED this 201h day of December 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 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 APROVED AS TO FORM: Kenton L. Alm, District Counsel NAENVRSEMPosition Papers \Leavitt\2007 \Exhibits 1, 2, 3 Res for AVAD -6 Quail 12- 20- 07.doc EXHIBIT 3 RESOLUTION NO. 2007- RESOLUTION REQUESTING CONSENT TO CONDUCT ASSESSMENT PROCEEDINGS FOR QUAIL ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -6 The Board of Directors of the Central Contra Costa Sanitary District (CCCSD) resolves: On December 20, 2007, the Board adopted a Resolution of Intention, a copy of which is attached hereto, marked Exhibit 1, and by reference incorporated herein as though fully set forth. All of the property proposed to be assessed lies within the County of Contra Costa. All public streets, alleys, places, and all land belonging to the United States, the State of California, the County of Contra Costa, and CCCSD shall be omitted from assessment because it has been determined that no special benefit will be conferred on any such land within the proposed Assessment District. The County of Contra Costa will, in the opinion of the Board of Directors of CCCSD, be benefited by the improvements referred to in the Resolution of Intention, and the purposes sought to be accomplished by the work can best be accomplished by a single, comprehensive scheme of work. The consent of the County of Contra Costa, through its Board of Supervisors, is hereby requested to the formation of the Assessment District described in said Resolution of Intention, to the improvement described, and to the assumption of jurisdiction by the CCCSD Board of Directors for all purposes in connection with the formation of this Assessment District, the improvements to be made and the assessment of property within the boundaries of the proposed Assessment District. The Secretary of CCCSD is hereby directed to transmit a certified copy of this resolution with the Resolution of Intention attached and a certified copy of the map showing the boundaries of the Assessment District to the County of Contra Costa. PASSED AND ADOPTED this 201h day of December 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 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, District Counsel NAENVRSEMPosition Papers 1eavitt \2007 \Exhibits 1, 2, 3 Res for AVAD -6 Quail 12- 20- 07.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 20, 2007 No.: 4.k. Consent Calendar Type of Action: ACCEPT CONTRACT WORK/AUTHORIZE FILING OF THE NOTICE OF COMPLETION subject: ACCEPT THE CONTRACT WORK FOR THE VESSING SEWER RENOVATION PROJECT, DISTRICT PROJECT 5646, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating Dept./Div.: Munawar Husain, Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: JJJJ CA_ M. Husain A. Antkowiak ecki A. Farrell Mines M. ISSUE: Construction has been completed on the Vessing Sewer Renovation Project, District Project 5646, and the work is now ready for acceptance. RECOMMENDATION: Accept the contract work for the Vessing Sewer Renovation Project, District Project 5646, and authorize 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: The project work included installation, replacement, and renovation of approximately 14,000 linear feet of 8 -, 10 -, 12 -, and 15 -inch sewer lines in the City of Pleasant Hill. Work was performed in easements and streets and included open- trench construction, guided boring, horizontal drilling, pipe bursting, sewer abandonment, new manholes, creek crossings, and creek bank repair. Construction of sewers in easements required close cooperation with affected property owners for access, construction, and restoration work. Also included in this project was repair of the Hoover Court slide. The slide repair project was immediately adjacent to the District's pipeline alignment. The City of Pleasant Hill had requested the District include the slide repair in the Vessing Sewer Renovation Project, and the work was undertaken under a Joint Powers Agreement. Work completed on the Hoover Court slide was damaged during heavy rains in December 2005 and January 2006. A supplemental erosion protection project was undertaken for the Hoover Court slide repair project under a new Joint Powers Agreement with the City of Pleasant Hill and completed under the existing contract. WPESUP\Cbradley \Position Papers \Husain \DP 5646 Accept Contract- NOC.doc Page 1 of 2 POSITION PAPER Board Meeting Date: December 20, 2007 Subject: ACCEPT THE CONTRACT WORK FOR THE VESSING SEWER RENOVATION PROJECT, DISTRICT PROJECT 5646, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION On June 2, 2005, the Board of Directors authorized the award of a contract for the construction of the project to D'Arcy & Harty Construction, Inc. The Notice to Proceed was issued on July 5, 2005. All contract work, including work on supplemental erosion protection at Hoover Court, was substantially completed on November 16, 2007. Immediately upon acceptance, the Contractor is relieved of the duty of maintaining and protecting the Contract work. Guaranty and warranty periods required by the Contract and the statutory period for filing of liens and Stop Notices start on the date of acceptance by the Board of Directors. Final payment to the Contractor is made after expiration of the statutory period for filing of liens and Stop Notices, provided no liens or Stop Notices have been filed, and provided the punch -list items have been completed. The total authorized budget for the project is $4,892,500. 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 Vessing Sewer Renovation Project, District Project 5646, and authorize filing of the Notice of Completion. WPESUP\Cbradley \Position Papers \Husain \DP 5646 Accept Contract- NOC.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 20, 2007 No.: 4.1. Consent Calendar Type of Action: ACCEPT CONTRACT WORK subject: ACCEPT THE CONTRACT WORK FOR THE A -LINE INTERCEPTOR REHABILITATION PROJECT, PHASE 2, DISTRICT PROJECT 5806, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating Dept /Div.: Raffi Moughamian, Engineering / Capital Projects Assistant Engineer Michael Penny, Associate Engineer REVIEWED AND RECOMMENDED FOR BOARD ACTION: � _r 'r R. M ugha ia" n/ B. Than T. i ecki A. Farrel ames Kelly, M. Penny A eneral manager ISSUE: Construction has been completed on the A -Line Interceptor Rehabilitation Project, Phase 2, District Project 5806, and the work is now ready for acceptance. RECOMMENDATION: Accept the contract work for the A -Line Interceptor Rehabilitation Project, Phase 2, District Project 5806, 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: During a condition assessment of the A -Line Interceptor in September 2004, it was discovered that the PVC liner on the floor of the two concrete box culverts under Grayson Creek, between the Influent Structure (IS) and Junction Structure 22 (JS22) on the Kiewit property, had failed. In addition, sections of PVC liner were separating and bulges were present in the concrete pipe segments under Highway 4 and along Marsh Drive from JS22 to Junction Structure 57 (JS57) in the Buchanan Field Golf Course. The PVC liner protects concrete surfaces from corrosion. The A -Line Interceptor Rehabilitation Project, Phase 1, District Project 5806, repaired all but one of the defects in the 102 -inch sewer along Marsh Drive. However, one repair on the 102 -inch sewer, two repairs under Highway 4, and the failed liner on the floor of the box culverts were not repaired due to treatment plant operational constraints and other plant construction activities. The A -Line Interceptor Rehabilitation Project, Phase 2, repaired the sites not included in Phase 1. This project included removing debris and the existing floor liner from the M \PESUMPosition Papers \Penny \5806 Proj Accept.doc Page 1 of 2 12/11/2007 1:46 PM POSITION PAPER Board Meeting Date: December 20, 2007 Subject: ACCEPT THE CONTRACT WORK FOR THE A -LINE INTERCEPTOR REHABILITATION PROJECT, PHASE 2, DISTRICT PROJECT 5806, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION box culverts under Grayson Creek, and applying a new epoxy spray -on liner. The PVC liner was repaired under Highway 4 and on Marsh Drive. On June 1, 2007, the Board of Directors authorized the award of a contract for the construction of the project to F. D. Thomas. The Notice to Proceed was issued for August 27, 2007. The work was completed on November 21, 2007. The remaining items of work consist of minor punch -list items, which do not affect the project acceptance. Immediately upon acceptance, the Contractor is relieved of the duty of maintaining and protecting the Contract work. Guaranty and warranty periods required by the Contract and the statutory period for filling of liens and Stop Notices start on the date of acceptance by the Board of Directors. Final payment to the Contractor is made after expiration of the statutory period for filing of liens and Stop Notices, provided no liens or Stop Notices have been filed and provided the punch -list items have been completed. The total authorized budget for the project is $1,023,000. The budget includes the cost of engineering design, construction management and inspection, testing services, and contractor services. Additional PVC liner repairs in the Box culverts and 72" pipe line that were not part of the original bid package were identified during construction and repaired as part of this project at a cost of $68,483.53. 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 A -Line Interceptor Rehabilitation Project, Phase 2, and authorize the filing of the Notice of Completion. N:\PESUP \Position Papers \Penny \5806 Proj Accept.doc Page 2 of 2 12/12/2007 1:46 PM Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 20, 2007 No.: 4.m. Consent Calendar Type of Action: ACCEPT CONTRACT WORK/AUTHORIZE FILING OF THE NOTICE OF COMPLETION subject: ACCEPT THE CONTRACT WORK FOR THE NORTH ORINDA SEWER RENOVATIONS, PHASE 2.1, DISTRICT PROJECT 5968, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating Dept. /Div.: Munawar Husain, Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: JA A. A A�W ZIA- M. Husain A. Antkowiak Pi ki A. FarreIT- Ymes M. eneral M ISSUE: Construction has been completed on the North Orinda Sewer Renovations, Phase 2. 1, District Project 5968, and the work is now ready for acceptance. RECOMMENDATION: Accept the contract work for the North Orinda Sewer Renovations, Phase 2.1, District Project 5968, and authorize 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: The project work included installation of approximately 3,700 feet of 8 -inch sanitary sewer by open -cut and horizontal directional drill method within back -yard easements that parallel and cross Tarry Creek in Orinda. Close cooperation with affected property owners for access, construction, and restoration was required throughout the duration of the project. On June 7, 2007, the Board of Directors authorized the award of a contract for the construction of the project to Ranger Pipelines, Inc. The Notice to Proceed was issued on July 23, 2007. The work was substantially completed on November 21, 2007. Immediately upon acceptance, the Contractor is relieved of the duty of maintaining and protecting the Contract work. Guaranty and warranty periods required by the Contract and the statutory period for filing of liens and Stop Notices start on the date of acceptance by the Board of Directors. Final payment to the Contractor is made after expiration of the statutory period for filing of liens and Stop Notices, provided no liens or Stop Notices have been filed, and provided the punch -list items have been completed. WPESUMCbradley \Position Papers \Husain \DP 5968 Accept Contract- NOC.doc Page 1 of 2 POSITION PAPER Board Meeting Date: December 20, 2007 subject: ACCEPT THE CONTRACT WORK FOR THE NORTH ORINDA SEWER RENOVATIONS, PHASE 2.1, DISTRICT PROJECT 5968, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION The total authorized budget for the project is $2,498,000. The budget includes the cost of engineering design, construction management and inspection, testing services, and contractor services. An accounting of the project costs will be provided to the Board at the time of project closeout. It is appropriate to accept the contract work at this time. RECOMMENDED BOARD ACTION: Accept the contract work for the North Orinda Sewer Renovations, Phase 2.1, District Project 5968, and authorize filing of the Notice of Completion. N:\PESUP\Cbradley \Position Papers \Husain \DP 5968 Accept Contract- NOC.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 20, 2007 No.: 4.n. Consent Calendar Type of Action: ACCEPT CONTRACT WORK Subject: ACCEPT THE CONTRACT WORK FOR THE PLANT CONTROL SYSTEM IMPROVEMENTS PROJECT, DISTRICT PROJECT 7204 Submitted By: Initiating Dept✓Div.: Ba T. Than, Senior Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: R-rT B. Than T. i ecki A. Farrell K. Alm 126a� a . mes Kelly, General Manager ISSUE: System implementation has been completed on the Plant Control System Improvements Project, District Project 7204, and the work is now ready for acceptance. RECOMMENDATION: Accept the contract work for the Plant Control System Improvements Project, District Project 7204 and direct staff to issue a Notice of Acceptance to Transdyn, Inc. FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: Not Applicable. BACKGROUND: The secondary treatment portion of the plant was put into operation in 1976 as one of the first computer - controlled treatment plants in the country. The treatment plant's original central computer system was installed to provide all of the automatic control algorithms for the treatment plant. For nearly 30 years, treatment plant staff have upgraded and maintained the existing control system. On September 15, 2005, the Board authorized a contract with Transdyn, Inc. to replace the existing control system software. The Board authorized a budget of $2,841,000 for the software development and implementation. On March 16, 2006, the Board also allocated $250,000 for the hardware purchase. Staff has worked with Transdyn to develop 170+ main schematics and 770+ derivative screens (popups). The system was tested for proper identification of field inputs and outputs. Extensive training was provided to Staff. The execution of the implementation included initial installation, factory test, loops test, and finally the site acceptance test. Each process was documented and reported with corrective actions. During the tests, the old plant control system also continued recording the data for verification of the new control system. N: \PESUP \Position Papers \Than \7204 Accept Contract Work 12- 12- 07.doc Page 1 of 2 12/12/2007 1:11 PM POSITION PAPER . Board Meeting Date: December 20, 2007 subject: ACCEPT THE CONTRACT WORK FOR THE PLANT CONTROL SYSTEM IMPROVEMENTS PROJECT, DISTRICT PROJECT 7204 The work was substantially completed on December 15, 2007. The remaining items of work consist of minor punch -list items, which do not affect the project acceptance. Acceptance of the project will formalize the start of 2 -year warrantee period required by the Contract Documents. In addition, the District has retained $100,000 in retention (Letter of Credit) from Transdyn that will be released at the end of the 2 -year warrantee period. The total authorized budget for the project is $3,091,000. The budget includes the cost of engineering design, construction management and inspection, testing services, and contractor services. An accounting of the project costs will be provided to the Board at the time of project closeout. It is appropriate to accept the contract work at this time. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15301, since it involves repairs to an existing sewage facility with no increase in capacity. RECOMMENDED BOARD ACTION: Accept the contract work for the Plant Control System Improvements Project, District Project 7204. N:\PESUP \Position Papers \Than \7204 Accept Contract Work 12- 12- 07.doc Page 2 of 2 12/12/2007 1:11 PM Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 20, 2007 No.: 4.o. Consent Calendar Type of Action: Human Resources Subject: AUTHORIZE EXTENSION OF MEDICAL LEAVE OF ABSENCE WITHOUT PAY FOR UTILITY WORKER FELIX ESPINOSA THROUGH JANUARY 31, 2008. Submitted By: Douglas J. Craig, Initiating Dept /Div.: Plant Operations Director of Operations REVIEWED AND RECOMMENDED FOR BOARD ACTION: / r ISSUE: Board of Directors' authorization is required for a medical leave of absence without pay in excess of 30 days. RECOMMENDATION: Authorize extension of medical leave of absence without pay for Utility Worker Felix Espinosa. FINANCIAL IMPACTS: Minimal ALTERNATIVES /CONSIDERATIONS: Deny medical leave of absence without pay. BACKGROUND: Utility Worker Felix Espinosa has been off of work since July 2, 2007, due to a work - related injury. Mr. Espinosa applied for, was granted, and used 12 weeks of Family Medical Leave and was authorized to be off until December 21, 2007. We request authorization to grant an extension of medical leave without pay for Mr. Espinosa through January 31, 2008. Mr. Espinosa's status will be reviewed at that time, and further Board action will be requested if appropriate. RECOMMENDED BOARD ACTION: Authorize medical leave of absence without pay for Utility Worker Felix Espinosa through January 31, 2008. N: \POSUP \Correspondence \Position Papers \2007 \Espinosa Leave of Absence Ext to 1- 31- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 20, 2007 No.: 4.p. Consent Calendar Type of Action: Human Resources Subject: AUTHORIZE EXTENSION OF MEDICAL LEAVE OF ABSENCE WITHOUT PAY FOR UTLITY WORKER MARALEE DAVI THROUGH JANUARY 4, 2008 Submitted By: Douglas J. Craig, Initiating DeptJDiv.: Plant Operations Director of Operations REVIEWED AND RECOMMENDED FOR BOARD ACTION: N. f,elly, Manager ISSUE: Board of Directors' authorization is required for a medical leave of absence without pay in excess of 30 days. RECOMMENDATION: Authorize extension of medical leave of absence without pay for Utility Worker Maralee Davi. FINANCIAL IMPACTS: Minimal ALTERNATIVES /CONSIDERATIONS: Deny extension of medical leave of absence without pay. BACKGROUND: Utility Worker Maralee Davi has been off of work since August 1, 2007, due to a medical condition. The Board previously approved a medical leave of absence without pay for Ms. Davi through December 3, 2007. Ms. Davi requests an extension of medical leave of absence without pay through January 4, 2008. Ms. Davi's status will be reviewed at that time, and further Board action will be requested if appropriate. RECOMMENDED BOARD ACTION: Authorize extension of medical leave of absence without pay for Utility Worker Maralee Davi through January 4, 2008. N: \POSUP \Correspondence \Position Papers \2007 \Davi Leave of Absence Ext to 1- 4- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 20, 2007 No.: 4.q. Consent Calendar Type of Action: Human Resources Subject: AUTHORIZE MEDICAL LEAVE OF ABSENCE WITHOUT PAY FOR BUILDINGS AND GROUNDS SUPERVISOR HARRY WYLES THROUGH FEBRUARY 22, 2008 Submitted By: Douglas J. Craig, Initiating DeptJDiv.: Plant Operations Director of Operations REVIEWED AND RECOMMENDED FOR BOARD ACTION: /, 44K�- - 2� D "Craig C. Freit s mes M. Ily, eneral M nager ISSUE: Board of Directors' authorization is required for a medical leave of absence without pay in excess of 30 days. RECOMMENDATION: Authorize extension of medical leave of absence without pay for Buildings and Grounds Supervisor Harry Wyles. FINANCIAL IMPACTS: Minimal ALTERNATIVES /CONSIDERATIONS: Deny medical leave of absence without pay. BACKGROUND: Buildings and Grounds Supervisor Harry Wyles has been off of work since October 9, 2007, due to a medical condition. We request that the Board grant Mr. Wyles an extension of his medical leave of absence without pay through February 22, 2008. Mr. Wyles' status will be reviewed at that time, and further Board action will be requested if appropriate. RECOMMENDED BOARD ACTION: Authorize extension of medical leave of absence without pay for Buildings and Grounds Supervisor Harry Wyles through February 22, 2008. N: \POSUP \Correspondence \Position Papers \2007 \Wyles Leave of Absence 2008.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 20, 2007 No.: 4.r. Consent Calendar Type of Action: REJECT CLAIM FOR DAMAGES BY JOE FITZPATRICK Subject: REJECT CLAIM Submitted By: Shari Deutsch Initiating Dept /Div.: Administration / Safety & Risk Management REVIEWED AND RECOMMENDED FOR BOARD ACTION: �n SD a u t c sgraves Safety & Risk Admin. Director of Admin. District Counsel ISSUE: mes M. e Ilyt, neral M ager Claimant is seeking $22,250.00 as reimbursement for costs incurred to repair and replace a lateral at 940 Hough Ave., Lafayette. Claimant's contractor incorrectly advised claimant that the 6 inch line was a main because it had multiple connections and advised claimant to file a claim to recover his costs. RECOMMENDATION: Reject the claim. FINANCIAL IMPACTS: None ALTERNATIVES /CONSIDERATIONS: None BACKGROUND: A review of both GDI and permit files indicate that claimant's property was subdivided from an original larger parcel. The home on what remains of the original parcel is connected to the claimant's lateral. Claimant has 2 multi -unit apartments that connect to the lateral as well. Despite multiple connections to the 6 inch line, the most recent inspection record specifies that it is a lateral and note that the owner needs a private sewer maintenance agreement with the owner of the other subdivided parcel. RECOMMENDED BOARD ACTION: Deny claim submitted by Joe Fitzpatrick. H: \Claims \PP Fltzpatrick Claim 122007.doc 5.a. Hearings CENTRAL CONTRA COSTA SANITARY DISTRICT PUBLIC HEARINGS TO RECEIVE COMMENTS ON THE MITIGATED NEGATIVE DECLARATION FOR CCCCSD'S CSO FACILITIES IMPROVEMENT PROJECT (DP 8208) SUGGESTED AGENDA December 20, 2007 Request staff report II. Public hearing on the Mitigated Negative Declaration A. Open public hearing B. Receive public comment C. Close public hearing IV. Consider approval of the Mitigated Negative Declaration and CSO Facilities Improvements Project (DP 8208) N: \ENVRSEC \Position Papers \Leavitt\2007 \PP Conduct Public Hearing CSO Neg Dec 12- 250- 07.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 20, 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 MITIGATED NEGATIVE DECLARATION AND APPROVING THE PROPOSED COLLECTION SYSTEM OPERATIONS (CSO) FACILITIES IMPROVEMENTS PROJECT, DP 8208 Submitted By: Initiating Dept. /Div.: Russell B. Leavitt, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: R. Leavitt D. Berger . Swanson A. Farrell James M. elly General Manager ISSUE: Board approval of appropriate California Environmental Quality Act (CEQA) documentation is required prior to approval of the CSO Facilities Improvements Project. RECOMMENDATION: Conduct a public hearing on the Mitigated Negative Declaration. Barring any irresolvable public comments to the contrary, adopt the attached resolution approving the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and the proposed project with the preferred building design. FINANCIAL IMPACTS: The total estimated cost for the project is $13 million (in current dollars) including construction engineering, and administrative costs. ALTERNATIVES /CONSIDERATIONS: Deny or defer approval of the Mitigated Negative Declaration. This action would prevent or delay moving forward with the potential approval of the project. If approval of the Mitigated Negative Declaration is denied, it would be appropriate to inform staff as to which issues require further analysis and documentation. Deny or defer approval of the proposed project. This action would prevent or delay moving forward with submission of a development application to the City of Walnut Creek. If approval of the proposed project is denied or deferred, it would be appropriate to inform staff as to how to proceed. Project building design options are discussed under Background, below. BACKGROUND: A draft Mitigated Negative Declaration has been prepared for the proposed CSO Facilities Improvements Project. CCCSD proposes to construct a new administration, crew, and warehouse building and demolish existing, unsuitable buildings used for the same purposes at its current 1250 Springbrook Road, Walnut POSITION PAPER Board Meeting Date: December 20, 2007 subject: CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTING A RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION AND APPROVING THE PROPOSED COLLECTION SYSTEM OPERATIONS (CSO) FACILITIES IMPROVEMENTS PROJECT, DP 8208 Creek location. The project also includes new landscaping and parking at the site (see Attachment 1). 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. At its May 24, 2007 meeting, the Board approved a project description that included constructing a 38 -foot tall administration, crew, and warehouse building at the project site. The Initial Study evaluated the environmental impacts of this "preferred building design" and determined that a variance or reinterpretation of the City of Walnut Creek's building height zoning regulations would be required to achieve this design. To provide the Board with a design option to consider, the Initial Study also evaluated the environmental impacts of a shorter building design of comparable square footage that would be consistent with a strict interpretation of the City's building height zoning regulations. If the Board approves the "preferred building design" at this time, CCCSD staff will also apply for a variance or reinterpretation of the City's building height zoning regulations to achieve this objective. If the City denies the variance or re- interpretation or if the City requires any other significant design changes, CCCSD staff subsequently will return to the Board seeking approval of design modifications. Staff has concluded that the Initial Study adequately, accurately, and objectively evaluates the environmental impacts of the proposed project, and that a Mitigated Negative Declaration is the appropriate document to address the environmental effects of the project. The Initial Study is included as part of the proposed Mitigated Negative Declaration that was distributed separately to the CCCSD Board of Directors. The proposed Mitigated Negative Declaration finds that there is no substantial evidence before CCCSD that the proposed project would have significant effects on the environment. Mitigation measures have been incorporated into the project to reduce potentially significant impacts to less- than - significant levels. These measures are discussed in the proposed Mitigated Negative Declaration and included in its proposed Mitigation Monitoring and Reporting Program (see Attachment 2). 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 Mitigated Negative Declaration and the availability of the document for a 30 -day public review period. Additionally, copies of the proposed Mitigated Negative Declaration or the legal notice were mailed to affected public agencies. One comment letter on the proposed N: \ENVRSEC \Position Papers \Leavitt\2007 \PP Conduct Public Hearing CSO Neg Dec 12- 250- 07.doc POSITION PAPER Board Meeting Date: December 20, 2007 subject: CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTING A RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION AND APPROVING THE PROPOSED COLLECTION SYSTEM OPERATIONS (CSO) FACILITIES IMPROVEMENTS PROJECT, DP 8208 Mitigated Negative Declaration was received. The comment letter and CCCSD's response to it is presented in Attachment 3. Nothing in the comment letter requires changes in the conclusions of proposed Mitigated Negative Declaration. Before the proposed project may be approved, the Board must consider any comments received during the Mitigated Negative Declaration's 30 -day public review process and the public hearing, and then consider approval of the appropriate CEQA documentation (a Mitigated Negative Declaration is recommended in this case). Then, the Board may consider approval of the proposed project. Following approval of both the Mitigated Negative Declaration and the project, a Notice of Determination will be filed with the County Clerk and a development application will be submitted to the City of Walnut Creek. The City will use the approved Mitigated Negative Declaration as its CEQA documentation for consideration of the proposed project. While not required by law or the CCCSD procedures, it has been CCCSD customary practice to hold public hearings in advance of the adoption of Mitigated Negative Declarations. Holding a hearing on the proposed Mitigated Negative Declaration would be consistent with this practice. RECOMMENDED BOARD ACTION: 1. Conduct a public hearing on the Mitigated Negative Declaration. 2. Adopt a resolution (Attachment 4) approving the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and the proposed project with the 38 -foot high preferred building design. NAENVRSEC \Position Papers \Leavitt \2007 \PP Conduct Public Hearing CSO Neg Dec 12- 250- 07.doc ATTACHMENT 1 PROPOSED PROJECT SITE LAYOUT N: \ENVRSEC \Position Papers \Leavitt\2007 \PP Conduct Public Hearing CSO Neg Dec 12- 250- 07.doc ATTACHMENT 2 CENTRAL CONTRA COSTA SANITARY DISTRICT CSO FACILITIES IMPROVEMENTS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM INTRODUCTION This is the Mitigation Monitoring and Reporting Program (MMRP) for the Central Contra Costa Sanitary District's (CCCSD) CSO Facilities Improvement Project. This program is required to be adopted as part of the project approval action under California Public Resources Code (PRC) Section 21081.6. The MMRP requirement was added to the California Environmental Quality Act (CEQA) in 1988 to provide a mechanism to ensure that mitigation measures adopted through the CEQA process are fully implemented in a timely manner in accordance with the conditions of project approval. Under this statute, local agencies are required to adopt a monitoring or reporting program "designed to ensure compliance during project implementation." CONTENT AND ORGANIZATION This MMRP includes the mitigation measures proposed to address the potentially significant impacts associated with the project. The impact discussions and proposed mitigation measures are presented in the Mitigated Negative Declaration (published in June 2005). The mitigation measures included in this program have been incorporated into the project description. This MMRP is organized in a table format, with implementation and monitoring activities keyed to each mitigation measure adopted to reduce potentially significant project impacts. The column headings in the table are defined as follows. MITIGATION MEASURE - A summary of the mitigation requirement. The full text of the mitigation measures, as adopted, is contained in the Mitigated Negative Declaration. IMPLEMENTATION PROCEDURE - Additional information on how mitigation measures will be implemented, where needed. MONITORING AND REPORTING ACTIONS - An outline of appropriate monitoring and /or reporting actions to verify compliance with the mitigation measure requirements. MONITORING RESPONSIBILITY - Assignment of responsibilities for mitigation monitoring and reporting tasks. MONITORING SCHEDULE - A schedule for conducting each mitigation monitoring and reporting action. Where necessary, the schedule milestones are keyed by number to the monitoring and reporting actions. 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U 0 v 0 N 42)) z 0 U) U rn a� U a U v c 0 U ATTACHMENT 3 COMMENTS AND RESPONSES TO COMMENTS One comment letter was received during the 30 -day public review period for the Mitigated Negative Declaration. The numbered responses below correspond to the numbered comments in the letter. CALIFORNIA HISTORICAL RESOURCES INFORMATION SYSTEM, NORTHWEST INFORMATION CENTER; LEIGH JORDAN, COORDINATOR; NOVEMBER 20, 2007 1. The comments confirm that no previous cultural resources studies are on file for the project area; that the area has a low possibility of containing unrecorded archaeological sites; and offer a resource for contacting local Native American tribes. The comments are acknowledged and no additional response is necessary. 2. The vehicle maintenance facility was constructed in 1972 and 1994 and the warehouse was constructed in 1973. Both are less than 45 years old. The existing administrative /crew building was constructed in 1956, with additions/ modifications in 1965, 1972, and 1986, so a portion of it is more than 45 years old. As such, an architectural historian is reviewing the building and a report is expected to be ready by the Board's December 20, 2007 meeting. Preliminary indications are that the existing administration /crew building would not be considered historic. It is not on the City of Walnut Creek General Plan list of potentially historic sites, most of which are downtown. N: \ENVRSEC \Position Papers \Leavitt\2007 \PP Conduct Public Hearing CSO Neg Dec 12- 250- 07.doc CALIFORNIA = ALAMEDA HISTORICAL' ?` COLUSA :e MONTEREY `;:" t ?;. CONTRA COSTA RESOURCES ' " "''' LAKE INFORMATION > rr SYSTEM SAN FRANCISCO November 20, 2007 Russell Leavitt Central Contra Costa Sanitation District 5019 Imhoff Place Martinez, CA 945534392 MARIN SAN MATEO MENDOCINO SANTA CLARA MONTEREY SANTACRUZ NAPA SOLANO SAN BENITO SONOMA SAN FRANCISCO YOLO n „f, C 7 ~ Ti Northwest Information Center Sonoma State University 1303 Maurice Avenue Rohnert Park, California 94928 -3609 Tel: 707.664.0880 • Fax: 707.664.0890 E -mail: leigh.iordan a sonoma.edu File No.: 07 -692 re: CCCSD Collections Systems Operations Facilities Improvement Project at 1250, 1266, 1268 Springbrook RdJ APNs 177- 270- 027,177270- 028,177 -270 -029 Dear Russell Leavitt, Records at this office were reviewed to determine if this project could adversely affect cultural resources. Please note that use of the term cultural resources includes both archaeological sites and historical buildings and /or structures. The review for possible historic era buildin0structures however, was limited to references currently In our office and should not be considered comprehensive. Previous Studies: XX This office has no record of any previous cultural resource studies for the proposed project area. Archaeological and Native American Resources Recommendations: XX The proposed project area has a low possibility of containing unrecorded archaeological site(s). Therefore, no further study for archaeological resources is recommended. XX We recommend you contact the local Native American tribe(s) regarding traditional, cultural, and religious values. For a 1 complete listing of tribes in the vicinity of the project, please contact the Native American Heritage Commission at 916/653 -4082. Built Environment Recommendations: XX The Walnut Creek USGS 1959 7.5' quad depicts three building in the proposed project area. Since the Office of .Z Historic Preservation has determined that any building or structure 45 years or older may be of historical value, it is recommended that prior to commencement of project activities, a qualified architectural historian familiar with Contra Costa County history conduct a formal CEQA evaluatim. If archaeological resources are encountered during the project, work in the immediate vicinity of the finds should be halted until a qualified archaeologist has evaluated the situation. If you have any questions please give us a call (707) 6640880. Sincerely Leigh fordan Coordinator N: \ENVRSEC \Position Papers \Leavitt\2007 \PP Conduct Public Hearing CSO Neg Dec 12- 250- 07.doc ATTACHMENT 4 RESOLUTION NO. A RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING PROGRAM, AND THE CSO FACILITIES IMPROVEMENTS PROJECT (DP 8208) WHEREAS, for the purposes of CEQA review, the project upon which this determination is made is described as follows: CCCSD proposes to demolish existing administration and warehouse buildings at its CSO corporation yard and construct an approximately 22,500 square feet building for administration, crew and warehouse uses at the site of the existing warehouse. Landscaping and parking is proposed where the existing administration building sits. The existing paved yard area south of the existing warehouse and east of the existing administration building will continue to serve as a corporation yard. WHEREAS, an Initial Study has been conducted by the Central Contra Costa Sanitary District; 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 proposed project; and WHEREAS, the CCCSD Board of Directors has reviewed the results of the Initial Study, considered comments received, and determined that the project, as mitigated, will not have a significant effect on the environment; and WHEREAS, the CCCSD Board of Directors finds that the Mitigated Negative Declaration and its Mitigation Monitoring and Reporting Program reflects its independent judgment of the environmental effects of the proposed project; and NOW, THEREFORE, be it resolved that the Board of Directors of the Central Contra Costa Sanitary District does hereby approve the Mitigated Negative Declaration, Mitigation Monitoring Program for the CSO Facilities Improvements Project. 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 Mitigated Negative Declaration. The record of proceedings will be maintained at the District offices, 5019 Imhoff Place, Martinez, California. FURTHERMORE, be it resolved that the Board of Directors of the Central Contra Costa Sanitary District does hereby approve the CSO Facilities Improvements Project with the 38 -foot high - preferred building design. PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors this 20th day of December 2007, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the District Board 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 Kenton L. Alm, District Counsel a.. rUSAY4TIPRII December 19, 2007 Russell B. Leavitt, AICP Engineering Assistant III Central Contra Costa Sanitary District (CCCSD) 5019 Imhoff Place Martinez, CA 94553 Re: 1250 Springbrook Road, Walnut Creek Russ: Per your request, this correspondence is intended to initiate an historic architectural evaluation of an existing building at the above address, which is the oldest of several buildings upon the subject site, and which is proposed for removal. Despite this being an initial evaluation, several initial opinions regarding the subject building's potential historical significance are summarized herein, for your review and use. The existing building was realized in 1956, at which point in time the previous use of the site ended while its current ownership and use as a public utility (sanitation) administrative and maintenance facilities began. Moreover, the direct vicinity and context of this property subsequently changed in dramatic ways, as the area was enmeshed in elevated freeway construction starting in 1960 and continuing until the present. Adding to the ultra contemporary character of the vicinity, the BART rail also runs directly north of the subject site. Since the late 1940s, the immediate land use and its character have been fundamentally altered, to the extent that the prior history of this property and its immediate surroundings have apparently been completely severed. Over the course of the past several decades, property lines have been altered due to ongoing freeway construction, changing the very boundaries of the current property from what they originally were in the 1950s. A portion of the current site is, in fact, leased from CALTRANS, as it lies below the elevated freeway and thus in the right -of -way. High voltage transmission lines and towers also traverse the site, further compounding its contemporary, late - 20`h- century and semi - industrial character, despite its otherwise suburban context. The subject property is, presently, a corporation yard — a service and maintenance facility — for the CCCSD. It has served in this capacity since its origins in 1956, although the corporation yard originally shared the property — and the subject building in particular — with the administrative and engineering offices of the CCCSD. The subject building was also originally designed for public use, as it served as the permit center and housed the CCCSD's board room, where public hearings would have been held. In the early 1980s, the CCCSD outgrew the public, engineering and administrative portion of their Springbrook Road facility, so in 1983 moved such functions to a new administrative complex in the Contra Costa County capital of Martinez, alongside the district's wastewater treatment plant. Since then, the Springbrook Road facility has operated as a corporate yard in its totality, with the original building providing office space for management and training specific to the corporation yard. The original building design, referred to in a set of architectural drawings dated June 10, 1956 as an "Office Building for the Contra Costa County Sanitary District," was made by a San Francisco architectural firm, Corlett and Spackman. Partners William G. Corlett 111 (1918 - ?) and Wendell Ross Spackman (1911-1981) formed their partnership in 1954. Based on evidence related to 274 14th Street, Oakland 94612 T 510 740 0146 F 510 808 0378 projects under the firm name, their practice ended in the late 1970s. Several of their projects were notable in their day, in particular the Blyth Arena in Squaw Valley, CA, designed and constructed for the 1960 Winter Olympics. Corlett and Spackman were also the architects of the c1974 Glen Park and Balboa Park BART stations in San Francisco. Their 1956 building for the CCCSD is a 2 -story structure that is L- shaped in plan, with the long leg of the L facing frontward to Springbrook Road, and the crook of the L facing to the rear of the property. In a suburban fashion, the building is setback from the street with a front yard that is and probably was originally a lawn, in the midst of which stand a grouping of redwood trees that appear to be approximately the same age as the building. Its prominent, low lying, wood framed roofs are generally gabled, with gravel surfacing and planar wood fascias. Its front wall is formed by concrete masonry units, screen -like, interrupted by large openings infilled with wood framed window walls. The main entrance was located at the south end of the front fagade, via a pair of aluminum doors, and another pair of wood doors, set perpendicular to the front wall where the wall steps forward, entered into what was originally a hearing room. Concrete paths of exposed aggregate cross the front yard to the entry, and also traverse across the front of the building to the hearing room entry at the opposite (north) end of the fagade. Otherwise, the original side and rear elevations were plain stucco clad, with various sets of wood and metal frame doors and windows set flush to the wall plane. These exterior elevations were and are unembellished, but for deep roof overhangs. While the use of building materials at the CCCS.D office building is ordinary, the subject building accomplishes architectural interest at its front, which exhibits period forms and details of interest, including sharp, horizontal lines composed of forceful roof planes and planar wall elements, and which are contrasted by an uplifted corner at the entry corner, with relatively vertical features. Yet, the building does not, as a whole, appear to be distinguished or distinctive. Other than its front fagade treatments, the remainder of the exterior design is largely utilitarian. Of this type of 1950 governmental and institutional building, there are many similar examples throughout the region and the State. Moreover, a pair of additions have altered the rear of this structure, the first in 1965, a 2 -story extension to the rear (east); and a second in 1972, this another 2 -story rear addition that partially infilled the crook of the L. While the removal of these building additions would theoretically allow the original exterior form to be restored, the character of these utilitarian additions are completely in keeping with the original building, and in so being reinforce the building's original utility. With respect to its utility, another noteworthy change was made to the original use of the building when its primary use as the CCCSD's administrative center was terminated in 1982. The effect of this change of use was to eliminate the building's public usage. Consequently, the original entry sequence and entry lobby have been abandoned. While these entry spaces may also be restorable, the loss of their use again reinforces the building's utility over and above its architecture. Thus, it is my initial opinion that the subject building is unlikely to be found to be an historic resource on the basis of its architectural design. This is a relatively common 1950s era building design and type that does not exhibit unique or distinguishing characteristics or methods of construction. Nor is there evidence that the building is the work of distinguished architects, so it would also be unlikely to be found an historic resource due to its architects. C(I'S1), WALNIYFURF1:K Based on general historical information about the CCCSD, this public sanitation district was founded in the immediate post -WWII period. Its first office building, 0946, was located elsewhere in Walnut Creek, along with original treatment facilities, so the subject building was not their first location or first central office building. The subject building was constructed as the CCCSD and Walnut Creek were both growing rapidly during the 1950s suburban boom. The building and its site originally housed CCCSD administrative, engineering and maintenance services, and which, as noted above, included a public interface. The formation of the CCCSD appears to be an unlikely candidate as an event of historical significance. It is also unlikely that sanitation facilities are a building typology of historical importance. Even if they were so, the more important function of sanitation facilities are their engineered treatment and wastewater facilities which, in this case, are not directly associated, but are instead located in Martinez. And while the suburban growth and development of the immediate vicinity is more than likely an event of historical importance, the specific association of the CCCSD to that potential historic pattern of development appears to be negligible. Finally, there does not appear to be any associated persons upon which a finding of significance could be made, as the most likely candidates are the various superintendents and managers associated with this building during its early years, none of whom are likely to be found to be important to regional or state history. This initial evaluation therefore generally opines that the subject building does not appear to be a potential historic resource for the purposes of the California Environmental Quality Act. Yet, this opinion has been made on the basis of research of a necessarily limited extent. I hope that this information fulfills your current inquiry. Please do not hesitate to contact me if you have any questions, comments or concerns. Signed: Mark Hulbert Historical Architect C UCSI), WALNU'FURFIK ail tl'11( \'. \i I' \ill cc ui E cc V C d CD Q z O — Q oc Q J V W 0 W I-- Q C!) 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Cl) W V O oC a Z O H V H Z O V Z cn W D C O p O I 07 00 O W N U) 00 N N O N O O N Z N N W W W W O Cl)a D = V a WM 2 2_ cr E— W W W V a U. Cl) z 2 C G 0 v w z a oac v z ~ z p Q W Q Cl) W a z H p LL J CL C) Z o V Z � z 0 Z - Z o zz m� Z a �m Gm Oa V LU zw W0 `�Z � L W -�V J� VW �= Z Z pZ w0 =0 a �w O aO pH VJ ~V) Z wv a> a �p z O �tr- aL) ao z c~nW D OZ MIL rH Oa V WG acn L) Cl) m O ca Z O o Va Q � D � � w Q � O z m ° C) p z W � D w Z = W v � m CL O a V � W v � Z 0 C.) T V Z cc O Z Z � O = � v z Q o p a Q � 0 W �- a � a CL Cl) � z - O o _- z ~ a Cl) 0 z O a z a o o� a � J J C.) O W Cl) W Q O a W m p z a a N I- W cn- Z O O a- O a a oc a W W 0 Z W Q a Q w C) z O 0 M W a a z C) - oc O W z Z O N � c) z z O > P CL a � H v LU O m CL Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 20, 2007 No.: 7.a. Bids and Awards Type of Action: REJECT ALL BIDS Subject: REJECT ALL BIDS SUBMITTED FOR THE INSTALLATION OF NEW MAIN GATE AT TREATMENT PLANT, RFB NO. 07- 08 -05, DISTRICT PROJECT NO. 7251 Submitted By: Initiating Dept. /Div.: Craig H. Mizutani, Associate Engineer Engineering / Capital Projects MED AND RECOMMENDED FOR BOARD ACTION: 4 LET / ani . Than ecki A. Farrell K. Alm ames Kelly, t, eneral anage ISSUE: On December 5, 2007, two sealed bids were received and opened for the Request For Bid (RFB) No. 07 -08 -05 for installation of a new main gate and fence (Main Gate) at the Treatment Plant. The Board of Directors must award the contract or reject bids within 50 days of the bid opening. RECOMMENDATION: Reject all bids for the installation of a new main gate and fence at the Treatment Plant. FINANCIAL IMPACTS: The estimated cost for in -house engineering to include the work as part of the Treatment Plant Site Improvement Project is approximately $5,000. ALTERNATIVES /CONSIDERATIONS: None. The apparent low bidder submitted bids as both a prime contractor and as a subcontractor to the only other bidder thus making both bids non - responsive. BACKGROUND: Installation of a new main gate and fence was originally part of the Treatment Plant Site Improvements Project (Site Improvements), District Project No. 7251 which is scheduled to be constructed during 2008. The Site Improvements project is being designed in -house and includes various paving, fencing, drainage, and miscellaneous site improvements. During the design phase, the main gate required repair several times due to vehicles striking the gate. Recently, a fire engine from the Contra Costa Fire Protection District was damaged by the gate due to faulty gate controls. The gate and actuator system are over 25 years old and repair parts are no longer available from the manufacturer. In order to expedite replacement of the gate, staff decided to accelerate the Main Gate replacement and bid it separately. The Main Gate replacement includes: replacement of the main treatment plant access gate and motorized actuators, replacement of the fence adjacent to the gates, and removal and replacement of approximately 3,000 square feet of asphalt driveway on both sides of the gate. The existing 100 ft. of chain link fence and 30 ft. wide gate will be replaced with a new 10 ft. high, decorative steel fence and gate. The new gate N:\TREATPLANT\PositionPaper \PP- Reject 7251 Main Gate - Treatment Plant.doc Page 1 of 8 POSITION PAPER Board Meeting Date: December 20, 2007 subject: REJECT ALL BIDS SUBMITTED FOR THE INSTALLATION OF NEW MAIN GATE AT TREATMENT PLANT, RFB NO. 07- 08 -05, District project no. 7251 actuators will have controls which meet current safety standards. The project area is shown on Attachment 1. The Engineer's Estimate for construction of the Main Gate is $100,000. The Main Gate replacement was advertised on November 12 and 19, 2007. Two bids, ranging from $118,963 to $128,874, were received and publicly opened on December 5, 2007. A summary of these bids is shown in Attachment 2. Upon review of the bids, there were several inconsistencies in the bid submitted by Electronic Innovations, the apparent low bidder: 1) Electronic Innovations did not list any subcontractors on the Pricing Information Sheet (See Attachment 3). They were contacted by telephone to verify if they planned to use subcontractors on the project. They responded that they did intend to use subcontractors and forgot to list them in the bid package. They submitted a revised Pricing Information sheet, after the bid opening, listing subcontractors for the fencing and pavement portions of the work (See Attachment 4). 2) Electronic Innovations did not submit the Payment Bond sheets with the bid package. Electronic Innovations was contacted by telephone and they indicated that they had forgotten to attach these sheets. They submitted the sheets after the bid opening. 3) The Request for Bid (RFB) required the successful bidder to possess a Class A, (General Engineering Contractor) and /or Class C13 (Fencing) Contractor's license. Electronic Innovations does not possess either of these licenses. 4) Electronic Innovations submitted bids as both a prime contractor and a subcontractor for the second low bidder, Pacific Underground Services (See Attachment 5). Section 1.10 of the Terms and Conditions of the RFB states that "A contractor submitting a bid as a prime contractor may not also submit bids as a subcontractor to other competing prime contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one bid for the work contemplated will cause the rejection of all bids in which such individual, firm, partnership, corporation or combination thereof is interested." Because Electronic Innovations submitted bids as both a prime contractor and as a subcontractor to Pacific Underground, they have caused all bids to be non - responsive. Therefore there is no alternative except to reject all bids. N: \TREATPLANT\Mizutani \Main Gate \PP - Reject 7251 Main Gate - Treatment Plant.doc Page 2 of 8 POSITION PAPER Board Meeting Date: December 20, 2007 subject: REJECT ALL BIDS SUBMITTED FOR THE INSTALLATION OF NEW MAIN GATE AT TREATMENT PLANT, RFB NO. 07- 08 -05, DISTRICT PROJECT NO. 7251 Staff recommends that all bids be rejected and that the Main Gate replacement be included in the Site Improvements Project which will be bidding within the month. This combination of work will likely save money due to the similar work being performed on the Site Improvements Project. RECOMMENDED BOARD ACTION: Reject all bids for the installation of the Main Gate at the Treatment Plant, Request for Bid No. 07- 08 -05. N: \TREATPLANT\PositionPaper \PP- Reject 7251 Main Gate - Treatment Plant.doc Page 3 of 8 0 150 900 FEET I Central Contra Costa 3 Sanitary District n 0 U / O / % / ref INSTALLATION OF NEW MAIN GATE AT TREATMENT PLANT Project Location Attachment 1 PAGE 4 OF 8 ATTACHMENT 2 Central Contra Costa Sanitary District SUMMARY OF BIDS PROJECT NO.: DP 7251, RFB 07 -08 -05 DATE: DECEMBER 5, 2007 PROJECT NAME: INSTALL NEW MAIN GATE AT TREATMENT PLANT LOCATION: MARTINEZ, CALIFORNIA ENGINEER EST.: $100,000 BIDDER NAME & ADDRESS BID PRICE Electronic Innovations, Inc. $118,963 21 Parr Blvd. Richmond, CA 94801 Pacific Underground Services $128,874 3881 Martha Drive Martinez, CA 94553 BIDS OPENED BY /s/ J. Warrington DATE December 5, 2007 N: \TREATPLANT\PositionPaper \PP- Reject 7251 Main Gate- Treatment Plant.doc Page 5 of 8 �Pri I Attachment 3 PRICING INFORMATION To Be E= xecuted By Bidder And Submitted Alitb Bicl To: Central Contra Costa Sanitary District RFB No. 07 -08 -05 Install New Main Gate At Treatment Plant CONTRACTOR/COMPANY NAME: C Tu 1n u4TI • Bidder acknowledges receipt of Addenda Number(s) 1 , ? , , and - -Pa- mefttTermstDiscbunt - - - -- (�lscountswTi be considered in evaluating this bid) • Initial applicable entry: I/ Corporation _Partnership `Joint Venture _,Sole Proprietor _Other Install New Main Gate At Treatment Plant — Lump Sum Bid TOTAL: $ 1 b 1 0 otal amount of bid: J1 �^ 1�tJ �-; ilr P� i y {„�- �� -�� N t 1, -e— k,2,jrd s: "j dollars and .L 42 6i y _ cents (words) Amounts to be shown in both words and figures. In case of discrepancy between words and figures, the words shall prevail. 1610 r Days SUBCONTRACTORS \ Pursuant to the provisions of Sections 4100 to 4113 inclusive, of the Public Contract Code of the State of California, the undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one -half of one percent (1/2 of 1 %) of the of the total bid. All work not listed below shall be performed by the undersigned bidder. It is understood that the bidder, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the consent of the District and the approval of the Project Manager. NAME I ADDRESS I TELEPHONE NO. ! TYPE OF WORK Install New Alain Gate At Treatment Plant RFB No.Q7- 08 -05, Page 6 of 8 't -e 1�1 Attachment 4 PRICING INFORMATION To Be Executed By Bidder And Submitted With Bid To: Central Contra Costa Sanitary District RFB No. 07 -08 -05 Install New Main Gate At Treatment Plant CONTRACTOR/COMPANY NAME: Electronic Innovations, Inc. • Bidder acknowledges receipt of Addenda Numbers) -1 - 2 3 - and • Payment Terms/Discoun t (Dbcourns will bo coraldw in avaluadng this bid) Initial applicable entry: -x Corporation _Partnership Joint Venture _Bole Proprietor ,_Other Install New Maln Gate At Treatment Plant — Lumc Sumj id AL: $ 118, 963.00 Total amount of bid: one hundred eighteen thousand nine hundred sixty three dollars and (words) (words) Cents Amounts to be shown in In case of discrepancy between words and gurres n� words shall prevail. Of Completion: 65 Calendar Days SUBCONTRACTORS Pursuant to the provisions of Sections 4100 to 4113 inclusive, of the Public Contract Code of the State of California, the undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one -half of one percent (1/2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned bidder. It is understood that the bidder, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the consent of the District and the approval of the Project Manager. NAME ADDRESS TELEPHONE NO. TYPE OF WORK Thompson Fence 2584 Grant Avenue - -- - -� 510 - 276 -8351 I Fence San Lorenzo, Ca Ghilotti Bros. ;525 Jacoby 415- 454 -7011 J Paving ��San Rafael, Ca Install Now Main Gate At Tmatment plant RFB No. 07 -08-05 PA7 R1 n / OR Page 7 of 8 Attachment 5 PRICING INFORMATION To Be Executed By Bidder And Submitted With Bid To: Central Contra Costa Sanitary District RFB No. 07408 -05 install New Main Gate At Treatment Plant CONTRACTOR/COMPANY NAME: P a r d .� i (' U %I LL t ro l) j4 Se' ✓1 Ict • Bidder acknowledges receipt of Addenda Numbers) / . -a, a--, ----,and • Payment Terma/Diecount: pscounts will be considered In evalusdng thlb bid) • Initial applicable entry: _Corporation >CPartnership _Joint Venture _Sole Proprietor _Other Install New Main Gate At Treatment Plant - Lump Sum Bid (TOTAL: $ Total amount of bid: on e VWK&a& t�q� ,h,. ,o..�.\.t *»~�n Q.1L li4N J, �.�.�/�v. "I 'w r (words) V 3 dollars and �,� cents (words) Amounts to be shown in both words and figures. In case of discrepancy between words and figures, the words shall prevail. 171me of Completion: Calendar Days SUBCONTRACTORS Pursuant to the provisions of Sections 4100 to 4113 inclusive, of the Public Contract Code of the State of California, the undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one -haH of one percent (1/2 of 1 %) of the of the total bid. All work not listed below shall be performed by the undersigned bidder. It is understood that the bidder, If awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the consent of the District and the approval of the Project Manager. NAME A o rn�t0 i ADDRESS 30� 1"o � TELEPHONE NO. gas I TYPE OF WORK Pa„; Page rr�,ret y�c..; �s , C1� U S : ---) S/3q o Q.-) __ qty CS O to) j 1? lQLtT% ca t- z�1$� a.3 3 Install New Main Gate At Treatment Plant RFB No. 07 -08 -015 Page 81 of 98 Page 8 of 8 q,a, 1) Central Contra Costa Sanitary District December 14, 2007 TO: BOARD OF DIRECTORS VIA: JAMES KELLY, GENERAL MANAGER OPS FROM: RANDALL MUSGRAVES, DIRECTOR OF ADMINISTRATION 044 DEBBIE RATCLIFF, CONTROLLER ,ik SUBJECT: GASB 45 REPORTING REQUIREMENTS FOR OTHER POST EMPLOYMENT BENEFITS The District is required by Governmental Accounting Standards Board (GASB) Statements 43 and 45 to calculate and report post retirement benefit obligations, which include mainly retiree medical and dental benefits. The reporting requirements must be included in the District's audited financial statements by December 15, 2007. Also, an actuarial study to determine the District's unfunded liability must be done every two years. Both of these requirements have been met. Background These two GASB statements were written to make transparent the future obligation that governmental entities are incurring for current employees (and retirees) for future benefits. Most governmental agencies have been addressing post - employment benefits on a pay -as- you -go basis. In 2006 and again in 2007, the District Board authorized staff through the approval and adoption of the annual budget, to set aside $5 million towards the unfunded liability associated with future post employment benefits. This $5 million includes approximately $2 million for current retiree benefit costs, and $3 million toward the unfunded liability of future benefit costs. These funds, however, are not formally earmarked. The actuarial firm of Aon was used for a second time to calculate the District's unfunded liability associated with post- retirement benefits. The data and assumptions used were consistent with those used by the Contra Costa County Employee's Retirement Association. Also, the District's actual experience on employee retention and retirement statistics was used in the actuarial calculation. Two different interest rates, 5% and 8 %, were used to calculate the unfunded liability as well as the annual required contribution to pay down the unfunded liability over a thirty -year period. The 5% rate represents paying the current retiree medical costs out of the general funds of the District which are primarily invested in LAIF, and the 8% represents a higher projected rate of return NIADMINSUP\ADMIN \RATCLIFF\GASB 45 White Paper 12- 12- 07.doc based on establishing a trust and investing in a broader choice of investments. The District's current unfunded liability based on current post- retirement benefits is approximately $68.5 million (5% discount rate) and $48 million (8% discount rate). The annual required contribution to meet the District's unfunded liability over thirty years would be $6.2 million at 5% and $5.2 million at 8 %. Funding Options There are three funding options associated with GASB 43 and 45. The District could choose to: 1. Establish an irrevocable trust and fund a portion or all of the annual required contribution. 2. Continue to pay -as- you -go and carry the annual unfunded liability on the balance sheet. 3. Set up a dedicated reserve to fund a portion or all of the annual required contribution (this would still be considered unfunded per GASB rules). Impacts of Irrevocable Trust Option - Allows for more diverse investments and potentially a higher rate of return - Higher rate of return would reduce the outstanding unfunded liability and annual costs in the future - Protects funds - Full contributions are not required each year and would be determined by the Board - Bond rating agencies look more favorably at districts that have set aside funds - Funds can only be used for post- retirement benefit payments (unless health care becomes nationalized) - Funds are not part of the District's reserves Impacts of Pay -as- you -go Option - Highest long -term cost - District has control of funds and if there are excess funds, they can be used for other purposes - Not as secure - Unfunded liability is significantly higher and grows faster - Must carry unfunded liability on the Balance Sheet per GASB 45 - Bond rating agencies may look less favorably at Districts with growing liabilities - Cost increases drastically in 10 years Impacts of Dedicated Reserve - Second highest long term cost - District has control of funds NAADMINSUP\ADMIN \RATCLIFF\GASB 45 White Paper 12- 12- 07.doc - More secure than pay as you go - Would show Bond rating agencies that the District is making a good faith effort to address post retirement benefits - Would increase the District's reserves First Steps to set up an Irrevocable Trust - Conceptual concurrence from Board - Develop Policies for annual contribution amounts and investments Recommendation Staff recommends establishing an irrevocable trust to fund annual GASB 45 contributions each year. Cropper Accountancy Corporation, the District's external auditors, also recommended that the District consider establishing a trust to fund post retirement benefits. The annual contribution can vary year to year to accommodate increases /decreases in operating expenses or capital expenditures. The actuarial report is attached for the Board's review. This 'White Paper' and the actuarial report will be included in the binder for the January 2008 Board Financial Planning and Policy Workshop. A recommendation for funding level for GASB 45 will be presented to the Board for consideration at the January 31 st Financial Workshop and through the FY 2008 -2009 Budget approval process.. Also, staff requests Board concurrence for staff to identify policy issues and alternatives for Board consideration that would lead to the establishment of an irrevocable trust to fund retiree post employment benefits. The process to establish a trust is expected to take six to nine months from when the process starts. N:\ADMINSUP\ADMIN \RATCLIFF\GASB 45 White Paper 12- 12- 07.doc Central Contra Costa Sanitary District Postemployment Health Benefits Actuarial Valuation Report Valuation Date: July 1, 2007 Date of Report: December 12, 2007 Daniel R..McMonagle, ASA, MAAA 1211 SW Fifth Avenue, Suite 600 Portland, Oregon 97204 Phone (503) 228 -7337 Fax (503) 228 -7447 Employee Benefits Consulting Table of Contents 1. GASB Statement for Employers on Post Employment Benefits Other Than Pensions 1 2. Summary of Actuarial Methodology ................................................... ..............................3 3. Executive Summary ............................................................................. ..............................5 Summaryof Key Results ........................................................................ ..............................5 Summary of Changes since Prior Valuation ........................................... ..............................6 KeyIssues ............................................................................................ ............................... 7 4. Actuarial Certification ......................................................................... .............................10 S. Liabilities and Disclosure ................................................................... .............................12 Sensitivity Analysis — Entry Age Normal ................................................ .............................13 Determination of Annual Required Contribution — Entry Age Normal ..... .............................14 6. Demographics ..................................................................................... .............................15 A. Actives and Retirees by Medical Plan at June 30, 2007: ......................................... 15 B. Population Age Demographics at June 30, 2007: .................................................... 16 7. Actuarial Assumptions and Valuation Method ................................. .............................17 A. Actuarial Assumptions ................................................................ .............................17 B. Other Considerations ............................................................... ............................... 24 C. Valuation Method ....................................................................... .............................24 D. Discount Rate (Investment Return Assumption) ......................... .............................24 8. Summary of Plan Provisions .............................................................. .............................25 A. Benefits .......................................................................................... .............................25 Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 1 Employee Benefits Consulting I Am 1. GASB Statement for Employers on Post Employment Benefits Other Than Pensions In 2004, the Governmental Accounting Standards Board (GASB) released two financial accounting standards that will change how public sector employers will account for their post employment benefits (other than pensions). These "other post employment benefits" (or OPEB) are typically retiree health benefits (medical, dental or vision). In the past, the OPEB cost was accounted for on a pay -as- you -go (cash) basis. However, GASB believes the cost of these future post employment benefits should be recognized as part of the compensation that employees receive each year. The purpose of the two new standards (No. 43 and No. 45) was to define the financial reporting requirements that governmental employers must follow if they have OPEB plans. The following outline summarizes some of the key requirements of the new GASB statements on OPEB plans: • Statement No. 43 was released in April of 2004 and No. 45 was released in June of 2004 • GASB 43 generally applies if there is a separate trust or fund used to accumulate assets for the OPEB plan and to pay benefits (i.e., to the OPEB assets under the stewardship of the OPEB sponsor(s)). Since the Central Contra Costa Sanitary District ( "Central San") OPEB plan is currently unfunded, GASB 43 does not currently apply. • The GASB 45 effective date depends whether Central San was a Phase 1, 2 or 3 government for the implementation of GASB 34, which was dependent on the total annual revenues for the first fiscal year ending after June 15, 1999. As a Phase II employer, the District is required to implement in the fiscal year beginning after December 15, 2007. • "Implicit rate subsidies" must be included in the District's OPEB plan. An "implicit subsidy" exists when retiree premiums for post- retirement medical coverage are based on "blended" active employee rates. By "blended" we mean that the experience of the retirees is included with the actives' experience for underwriting and rating purposes. An implicit subsidy exists due to this blending, even if retirees self -pay the blended - premium for benefits. The District provides an implicit subsidy for pre -65 retirees since the retirees are pooled with active employees for health plan rating purposes. Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 1 Employee Benefits Consulting 1. GASB Statement for Employers on Post Employment Benefits Other Than Pensions (cont.) • Pay -as- you -go accounting and disclosure will no longer be acceptable. However, GASB 45 does not require that Central San pre -fund its OPEB liabilities. • The OPEB cost must be recognized as a form of deferred compensation (like pensions). GASB believes that the cost of the OPEB plans is part of the cost of providing today's public services. • Must determine actuarial present value of future benefits. This is done by having the OPEB plan's actuary use economic and demographic assumptions to project the future benefit payments from the OPEB plan. These future cash flows are then discounted to their actuarial present value. • Must attribute actuarial present value of future benefits for active employees to their employment service. GASB believes that these post employment benefits are part of the compensation that employees earn while they are working for the governmental employer. • Assumed discount rate (i.e. interest rates applied to projected liabilities) must be based on the source of funds used to pay retiree health or welfare benefits. For this study we used 5.0% and 8.0% discount rates: - 5.0% represents the expected investment return on Central San's general assets; and - 8.0% represents the expected long -term investment return on a mix of equities and bonds for an OPEB plan that is pre - funded. Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 2 Employee Benefits Consulting I Am 2. Summary of Actuarial Methodology The liability for any benefit plan can be split into liability based on past and future service. The annual cost of the plan will vary based on 1) the actuarial cost method used to split liability between past and future service, and 2) the period over which unfunded liabilities are funded. The following definitions describe the components of liability: Present Value of Total Benefits (PVB) The total present value of future benefits, based on certain actuarial assumptions. The PVB is a measure of total liability or obligation. Essentially, the PVB is the value (on the valuation date) of the promise to retirees and current employees. Actuarial Accrued Liability (AAL) The liability or obligation for benefits to be paid in the future earned through the valuation date, based on certain actuarial assumptions and the actuarial cost method. Normal Cost The value of benefits allocated to the year based on the actuarial cost method and assumptions. Present Value of Future Normal Costs The present value today of all future normal costs, which is the liability for benefits to be earned by current employees over their future service. The present value of future normal costs is equal to the difference between the PVB and the AAL. Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 3 Employee Benefits Consulting 2. Summary of Actuarial Methodology (cont.) The following graph illustrates a typical PVB, with the lightly shaded area representing the AAL: Normal Cost Future Normal Costs AAL Annual Required Contribution ( "ARC ") Under GASB, the basic annual cost of a plan is termed the Annual Required Contribution or "ARC." Under the Entry Age Normal Cost method, the ARC consists of two components — the Normal Cost and the amortization of Unfunded Actuarial Accrued Liability, or UAAL. The amortization of UAAL will vary based on the amortization period and method used, as well as the actuarial cost method under which it was initially established. Balance Sheet Liability The Annual Required Contribution and the actual contributions made to the plan (e.g., employer - paid benefit payments) do not necessarily have to be equal. GASB does not require OPEB benefits to be pre- funded. However, the GASB requirements will track the funded status of the plan. Any differences between the ARC and actual contributions made will be noted as a liability (or "Net OPEB Obligation ") or asset ( "Net OPEB Asset ") on the District's balance sheet. Any excess of the ARC over the actual contribution will be recorded as a liability (Net OPEB Obligation) on the balance sheet. Interest on this obligation will be added to the ARC in subsequent years. Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 4 Employee Benefits Consulting I Am 3. Executive Summary Summary of Key Results The following table summarizes the liabilities and key accounting results of the July 1, 2007 GASB 45 valuation of Central San's OPEB Plan. The discount rate used to value the liabilities must be based on the expected return on assets for the source of funds that will be used to provide benefits under the Plan. We valued the liabilities under two discount rate assumptions: ► 5.00% - This "Unfunded Scenario" is based on the assumption that benefits will be paid from general Central San assets on a "Pay -As- You -Go" basis. This would also be the appropriate discount rate to use if the District set aside funds within the general assets to pay for future benefits, but does not establish a separate trust dedicated solely to providing those OPEB benefits. 8.00% - This "Funded Scenario" assumes that Central San will establish a legal trust dedicated to providing post - employment benefits to retirees and that the District funds that trust by contributing the "Annual Required Contribution" or ARC to the Plan each year. If the District contributes at least the "Pay -As- You -Go" costs but less than the full ARC, a discount rate that is a blend of the funded and unfunded rates must be used. Discount Rate Liabilities and Accounting Items 5.00% 8.00% Page Employer Present Value of Benefits (PVB) $83,399,326 $54,567,140 11 Employer Actuarial Accrued Liability (AAL) $68,447,956 $47,993,911 11 Normal Cost $1,687,467 $872,152 11 Annual Required Contribution (ARC) * $6,224,478 $5,205,100 13 Annual OPEB Cost (Expense) $6,224,478 $5,205,100 13 Benefit Payments /Expected Contribution" $2,277,816 $5,205,100 13 Increase in Net OPEB Obligation $3,946,662 $0 13 *Assumes 30 -year amortization of Unfunded Actuarial Accrued Liability * *At 5 %, Benefit Payments is cost of pay -as- you -go claims; at 8 %, the contribution is the ARC deposited to a trust Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 5 Employee Benefits Consulting I Am 3. Executive Summary (cont.) Summary of Changes since Prior Valuation For the current valuation, we are using 5% for the "unfunded scenario" and 8% for the "funded scenario ", compared to discount rates of 3% and 5% for the unfunded and funded scenarios respectively at the prior valuation. These changes in discount rates give the appearance that liabilities have decreased when looking at the "funded scenario" or "unfunded scenario' on their own. In actuality, plan liabilities have increased in the two years since the prior valuation, when compared on a common discount rate basis. Following is a summary of the main reasons for the change in liability: • Normal 2rowth — The liabilities of the Plan increase over time due to Normal Cost (current benefit accruals) and interest cost (benefits are closer to being paid). The Actuarial Accrued Liability as of July 1, 2005 was expected to increase by $4.9 million at a 5% discount rate due to this normal growth. • Recognition of the "implicit rate subsidf — For the July 1, 2007 valuation the average active and retiree "blended" claims costs are age graded to reflect the higher costs of retiree medical coverage versus active medical coverage for retirees under age 65. The inclusion of the implicit rate subsidy increased the total liability by 13% - 15 %. • Other (Gains) & Losses — Demographic changes (new hires, terminations, and deaths) and economic changes (changes in trends and premium amounts, etc.) also affect the liability. Greater than expected increases in Kaiser premiums were one significant factor that contributed to an overall increase ( "loss ") in plan liability. Actuarial Annual Accrued Required Liability Contribution* Discount Rate 5.0% 5.0% Valuation Result at July 1, 2005 $53,400,000 $5,000,000 Normal Growth $4,900,000 $400,000 Inclusion of the Implicit Rate Subsidy $7,200,000 $580,000 Other Gains and Losses (demographic, economic) $2,900,000 $220,000 Valuation Result at July 1, 2007 $68,400,000 $6,200,000 * Assumes 30 -year amortization of Unfunded Actuarial Accrued Liability Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 6 Employee Benefits Consulting 3. Executive Summary (cont.) Key Issues The disclosure requirements of GASB 43/45 are forcing governmental employers and plan sponsors to take account of the liabilities of their OPEB plans. There are a number of key issues for plan sponsors to consider, including the question of whether or not to establish a trust and pre -fund plan benefits or to continue on a pay -as- you -go basis. The advantages and disadvantages of funding vary greatly depending on the situation of the employer. Some thoughts to consider include: o If the sponsor continues to pay benefits on a pay -as- you -go basis, the difference between the ARC and actual contributions made will be noted as a liability (or "Net OPEB Obligation ") on the sponsor's balance sheet and will grow with interest over time. This Net OPEB Obligation or "NOO" could become very large and potentially affect the sponsor's credit rating. If the sponsor contributes the ARC to a qualified trust each year, there will not be a NOO on the balance sheet. If the sponsor sets apart the ARC but does not establish a trust, the assets may not be considered plan assets under GASB. o The effect that a NOO would have (if the plan is unfunded) on a plan sponsor's credit rating depends on a number of factors, including the magnitude of the NOO compared to the overall liabilities and assets of the plan sponsor. If the NOO is small compared to the other liabilities of the sponsor, there may be little effect on the rating. o Does the Plan pay benefits or allow retirees access to purchase health benefits only? Plans that pay a substantial portion of retiree health benefits will typically have higher per capita costs and may have more to gain by pre - funding liabilities. o If assets are set aside in a trust, they are irrevocable and must be used to pay for plan benefits. If the plan sponsor intends to reduce or eliminate plan benefits in the future, the remaining assets may be used to continue to pay benefits, but it may be difficult to retrieve any excess assets from the trust. o If the sponsor sets up a trust and annually contributes the ARC into the trust, plan liabilities will be less due to the use of a higher discount rate. Initially, the annual cost of the plan will generally be higher than "pay as you go ", but as assets grow with additional contributions and interest, the long -term cost of the plan will likely be less. For Central San, the Actuarial Accrued Liability under the 8% funded scenario is roughly 70% ($48 million vs. $68.5 million) of the liability if the Plan is unfunded. The ARC under the Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 7 Employee Benefits Consulting funded scenario is approximately 85% of the ARC under the 5% non - funded scenario, but the ARC is over 200% of the pay -as- you -go cost. On face value, this indicates that it would be more expensive to fund the ARC initially. However, the total AAL of the plan (measured at a 5% discount rate) is nearly three (3) times the annual payroll — the size of the plan is significant in comparison to the size of Central San. In the long run, the question of whether or not Central San should fund the plan will depend on the long -term plans of the District. The following charts are based on projections of plan liabilities using assumptions regarding employee population growth and future trends in benefit payouts which are not included as explicit assumptions in the valuation of the Plan for GASB purposes. These projections are estimates of expected plan experience and should be considered for illustrative purposes only. These charts compare the following long -term annual costs if the Plan is funded vs. not funded: to 18,000,000 p 16,000,000 14,000,000 12,000,000 r C 10,000,000 �j 8,000,000 y 6,000,000 p 4,000,000 2,000,000 W 0 Pay -As- You -Go vs. Pre - Funding (for illustrative purposes only) A o o tio�� rV& 1.01 � Year ARC - 5% (Unfunded) —� Pay -As- You -Go (Unfunded) --A ARC - 8% (Funded) • Pay -As- You -Go (Unfunded) is the annual cost of benefits paid for retirees & their beneficiaries under the Plan. (Does not include premiums for current active employees.) • ARC — 5% (Unfunded) is the Annual Required Contribution under GASB 45 at 5% assuming there is no trust. The ARC is calculated as the amount necessary to fund future retiree benefits. The District is not actually required to contribute this amount, but must recognize an annual expense in this amount. • ARC — 8% (Funded) is the Annual Required Contribution under GASB 45 at 8% assuming the District does contribute the ARC to a trust each year. The actual benefit costs are then paid from the trust. The key thing to note is that if the Plan is funded through a trust, annual costs should eventually decrease to less than pay -as- you -go. If Central San intends to keep the Plan with similar benefit levels, this should reduce future costs. If Central San plans to eliminate or significantly reduce future benefits, pay -as- you -go would likely cost less in the long run. Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 8 250,000,000 4) 200,000,000 Q) 150,000,000 N N j� 100,000,000 Z � 50,000,000 J 0 Employee Benefits Consulting I Am Growth in Liability vs. Assets (for illustrative purposes only) 59 0�0 00� 000 ti ti ti ti � ti ti ti Year APBO - 5% (Unfunded) —s— APBO - 8% (Funded) —�— Trust Assets - 8% (Funded) This chart illustrates the long -term impact of funding on the total liability of the Plan under GASB 45. Key items to note include: • The Plan's liability at any time is the APBO which is measured at 5% or 8 %, depending whether the ARC is contributed to a trust. • The unfunded liability of the Plan is then the difference between the APBO and any assets that have been segregated into a trust to pay for those benefits. Thus — o The unfunded liability if there is no trust established is the yellow "APBO - 5% (Unfunded)" line. o The unfunded liability if a trust is established is the difference between the blue "APBO - 8% (Funded)" line and the orange "Trust Assets — 8% (Funded)" line. Note that, by the end of the projection period, the Plan is about 70% funded. There are two key points to consider. First, it will cost more to pre -fund the Plan now than to pay current benefits. However, establishing a trust and funding the ARC should reduce future costs, which would be beneficial if Central San intends to keep the Plan for the long -term. Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 9 Employee Benefits Consulting I Am 4. Actuarial Certification This report presents the results of the actuarial valuation for the Central Contra Costa Sanitary District Post Employment Health Benefits as of July 1, 2007 for development of the Annual Required Contribution and disclosure items under the Governmental Accounting Standards Board (GASB) Statement 45. This report was prepared using generally accepted actuarial practices and methods. The actuarial assumptions used in the calculations are individually reasonable and reasonable in aggregate. Aon Consulting did not audit the employee data and financial information used in this valuation. On the basis of our review of this data, we believe that the information is sufficiently complete and reliable, and that it is appropriate for the purposes intended. Actuarial computations under GASB 45 are for purposes of fulfilling employer accounting requirements. The calculations reported herein have been made on a basis consistent with our understanding of these accounting standards. Determinations for purposes other than meeting employer financial accounting requirements may be different from these results. As required by GASB 45, this valuation assumes this will be an ongoing plan. However, this assumption does not imply any obligation by the employer to continue the plan. This report is intended for the sole use of the Central Contra Costa Sanitary District. It is intended only to supply information for the District to comply with the stated purpose of the report and may not be appropriate for other business purposes. Reliance on information contained in this report by anyone for other than the intended purposes, puts the relying entity at risk of being misled because of confusion or failure to understand applicable assumptions, methodologies, or limitations of the report's conclusions. Accordingly, no person or entity, including the District should base any representations or warranties in any business agreement on any statements or conclusions contained in this report without the written consent of Aon Consulting. The actuaries whose signatures appear below are Members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. The actuaries are available to answer any questions with regard to the matters enumerated in this report. Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 10 Employee Benefits Consulting 4. Actuarial Certification (cont.) Aon's relationship with the Plan and the Plan Sponsor is strictly professional. There are no aspects of the relationship that may impair or appear to impair the objectivity of our work. Respectfully Submitted, Aon Consulting Daniel R. McMonagle, ASA, MAAA 1211 SW Fifth Avenue, Suite 600 Portland, Oregon 97204 (503) 306 -2868 Anil Kochhar, ASA, MAAA 199 Fremont Street, 14th Floor San Francisco, California 94105 (415) 486 -7122 December 12, 2007 . �,,y- Brian Pieper, ASA, MAAA 199 Fremont Street, 14th Floor San Francisco, California 94105 (415) 486 -7692 Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 11 Employee Benefits Consulting 5. Liabilities and Disclosure Discount Rate 5.00% 8.00% Employer Present Value of Benefits Active $46,890,619 $27,392,546 Retired $36,508,707 $27,174,594 Total $83,399,326 $54,567,140 Employer Actuarial Accrued Liability Active $31,939,249 $20,819,317 Retired $36,508,707 $27,174,594 Total $68,447,956 $47,993,911 Normal Cost $1,687,467 $872,152 Benefit Payments — Employer Subsidy Active (Expected Retirees) $148,078 $148,078 Retired $2,129,738 $2,129,738 Total $2,277,816 $2,277,816 Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 12 Employee Benefits Consulting 5. Liabilities and Disclosure (cont.) Sensitivity Analysis — Entry Age Normal 8.00% 8.00% Base Trend 5.00% 5.00% Active Participants Base Trend Trend + 1% Trend —1 % Active Participants $31,939,249 $38,305,108 $26,902,904 Retired Participants $36,508,707 $40,398,048 $33,202,989 Total AAL $68,447,956 $78,703,156 $60,105,893 Normal Cost $1,687,467 $2,067,672 $1,394,412 8.00% 8.00% Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 13 Base Trend Trend + 1% Trend —1 % Active Participants $20,819,317 $24,246,227 $18,020,361 Retired Participants $27,174,594 $29,528,577 $25,129,871 Total AAL $47,993,911 $53,774,804 $43,150,232 Normal Cost $872,152 $1,040,038 $738,681 Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 13 Employee Benefits Consulting I Aw 5. Liabilities and Disclosure (cont.) Determination of Annual Required Contribution — Entry Age Normal Discount Rate 5.00% 8.00% Normal Cost with Interest $1,771,840 $941,924 Unfunded AAL $68,447,956 $47,993,911 Amortization Period 30.00 30.00 Amortization Amount with Interest $4,452,638 $4,263,176 Annual Required Contribution $6,224,478 $5,205,100 Interest on Net OPEB Obligation $0 $0 Adjustment to Annual Required Contribution $0 $0 Annual OPEB Cost (Expense) $6,224,478 $5,205,100 Benefit Payments /Expected Contribution $2,277,816 $5,205,100 Increase in Net OPEB Obligation $3,946,662 $0 Net OPEB Obligation- Beginning of the Year $0 $0 Net OPEB Obligation -End of Year $3,946,662 $0 Annual Required Contribution with Alternative Amortization Periods 10 -Year Amortization Amortization Amount Annual Required Contribution 20 -Year Amortization $8,864,323 $10,636,163 $7,152,508 $8,094,432 Amortization Amount $5,492,441 $4,888,286 Annual Required Contribution $7,264,281 $5,830,210 Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 14 UAAL as a Actuarial Entry Age Percentage of Actuarial Value of Normal Covered Covered Valuation Assets AAL UAAL Funded Ratio Payroll Payroll Date (a) (b) (b - a) (a / b) (c) ((b - a) / c) 7/1/2007 $ 0 $68,447,956 $68,447,956 0% $22,648,230 302% Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 14 Employee Benefits Consulting 6. Demographics A. Actives and Retirees by Medical Plan at June 30, 2007: Medical Plan Active Retiree* Kaiser 147 105 Health Net (HMO) 66 14 Health Net (PPO) 30 51 Opt -Out 17 4 Total 260 174 Dental Plan Active Retiree Delta Dental 260 171 Opt -Out 0 3 Total 260 174 * Also includes spouses of deceased retirees who remain eligible for benefits the plan. Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 15 Employee Benefits Consulting I Am 6. Demographics (cont.) B. Population Age Demographics at June 30, 2007: L■ Covered Actives ■ Retirees and Benefi Actives Retirees Number 260 174 Average Attained Age 47.28 67.69 Average Service 12.4 21.0 Population 0 Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 16 Years of Employment Age Under 1 1 to 4 5 to 9 10 to 14 15 to 19 20 to 24 25 to 29 30 and up Total 20 -24 1 1 0 0 0 0 0 0 2 25 -29 3 7 4 0 0 0 0 0 14 30 -34 2 8 5 0 0 0 0 0 15 35-39 4 7 11 0 1 1 0 0 24 40-44 2 6 14 3 10 1 0 0 36 45-49 2 6 14 5 14 4 3 1 49 50-54 1 9 15 2 12 11 18 4 72 55-59 1 4 7 2 5 6 12 1 38 60-64 1 3 1 0 3 0 0 1 9 65 -69 0 0 0 0 0 0 0 0 0 70+ 0 0 0 0 1 0 0 0 1 Total 17 51 71 12 46 23 33 7 260 0 Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 16 Employee Benefits Consulting 7. Actuarial Assumptions and Valuation Method A. Actuarial Assumptions (1) Participation It is assumed that 100% of current actives will elect coverage at retirement, if they are currently enrolled. It is assumed that active participants will elect the medical coverage they are currently enrolled in at retirement. (2) Pre- Retirement and Post Retirement Mortality Age Male Female 25 0.07% 0.03% 30 0.08% 0.04% 35 0.09% 0.05% 40 0.12% 0.08% 45 0.17% 0.10% 50 0.29% 0.16% 55 0.49% 0.26% 60 0.90% 0.51% 65 1.62% 0.97% * All pre- retirement deaths are assumed to be non - service connected. (3) Age of Spouse Active spouse dates of birth are used when available. When unavailable, it is assumed that female spouses are 3 years younger than male spouses. Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 17 Employee Benefits Consulting I Am 7. Actuarial Assumptions and Valuation Method (cont.) (4) Service Retirement Rates vary by age and tier. See tables below. Age Tier I Tier 11 50 3% 3% 51 3% 3% 52 5% 5% 53 10% 5% 54 15% 10% 55 20% 10% 56 20% 10% 57 25% 10% 58 25% 10% 59 25% 10% 60 25% 15% 61 30% 15% 62 30% 25% 63 30% 25% 64 30% 30% 65 35% 35% 66 35% 35% 67 35% 35% 68 35% 35% 69 35% 35% 70 100% 100% Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 18 Employee Benefits Consulting I Am 7. Actuarial Assumptions and Valuation Method (cont.) (5) Termination Rates Sample termination rates for all participants with less than 5 years of service are shown in the following table: Service General Rate 0 13.00% 1 7.00% 2 6.00% 3 5.00% 4 4.00% Sample ultimate termination rates for all participants with 5 or more years of service* are shown in the following table: Age Rate 20 4.00% 25 4.00% 30 4.00% 35 4.00% 40 3.84% 45 3.21% 50 1.52% 55 0.33% 60 0.00% * No withdrawal is assumed after a member is eligible for retirement. Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 19 Employee Benefits Consulting I Am 7. Actuarial Assumptions and Valuation Method (cont.) (6) Morbidity Rates Central Contra Costa Sanitary District Health Plan Rates Age- weighted claims, which generate the expected average annual claim for Central San's health plan, were estimated by multiplying the plan premiums by the following morbidity rates. These morbidity rates were calculated using a standard age - graded morbidity table with adjustments to reflect Central San's current active and retiree demographics: Pre -65 Morbidity Rates Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 20 Participant Spouse Age Male Female Male Female 50 116.60% 85.88% 134.66% 99.19% 51 120.45% 88,71% 139.11% 102.46% 52 124.42% 91.64% 143.70% 105.84% 53 128.53% 94.67% 148.44% 109.33% 54 132.77% 97.79% 153.34% 112.94% 55 137.15% 101.02% 158.40% 116.67% 56 142.09% 104.65% 164.10% 120.87% 57 147.20% 108.42% 170.01% 125.22% 58 152.50% 112.32% 176.13% 129.73% 59 157.99% 116.37% 182.47% 134.40% 60 163.68% 120.56% 189.04% 139.23% 61 170.56% 125.62% 196.98% 145.08% 62 177.72% 130.90% 205.25% 151.18% 63 185.18% 136.39% 213.87% 157.53% 64 192.96% 142.12% 222.86% 164.14% Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 20 Employee Benefits Consulting I Am 7. Actuarial Assumptions and Valuation Method (cont.) (6) Morbidity Rates (cont.) Post -65 Morbiditv Rates Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 21 Participant Spouse Age Male Female Male Female 65 86.02% 63.36% 104.60% 77.04% 66 88.61% 65.26% 107.74% 79.35% 67 91.26% 67.22% 110.97% 81.73% 68 94.00% 64.24% 114.30% 84.19% 69 96.82% 71.31% 117.73% 86.71% 70 99.73% 73.45% 121.26% 89.31% 71 102.22% 75.29% 124.29% 91.55% 72 104.77% 77.17% 127.40% 93.83% 73 107.39% 79.10% 130.59% 96.18% 74 110.08% 81.08% 133.85% 98.59% 75 112.83% 83.10% 137.20% 101.05% 76 115.09% 84.77% 139.94% 103.07% 77 117.39% 86.46% 142.74% 105.13% 78 119.74% 88.19% 145.59% 107.23% 79 122.13% 89.95% 148.51% 109.38% Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 21 Employee Benefits Consulting I Am 7. Actuarial Assumptions and Valuation Method (cont.) (7) Retiree Dental and Vision In accordance with common actuarial practice, the retiree dental and vision claim costs were not adjusted for age or gender. (8) 2007 -2008 Retiree Blended Premium Rates Retiree & Medical Plan Retiree Spouse /Partner Retiree & Family HMO Health Net Kaiser PPO $499.29 $998.57 $1,447.94 $501.92 $1,003.84 $,1420.44 Health Net $723.29 $1,448.67 $2,097.17 Medicare Supplemental Rates after a Retiree & Retiree & Non Reflection of Medicare Part D Retiree Only Medicare Spouse Medicare Spouse HMO Health Net $340.54 $681.07 Kaiser Cost Plan $628.20 $1,256.40 $1,130.10 Kaiser Senior Advantage $338.12 $676.24 $840.04 PPO Heath Net $469.36 $938.72 Health Net Seniority Plus $219.80 $439.60 Retiree & Dental Retiree Spouse /Partner Retiree & Family Delta Dental $70.47 $122.84 $189.57 Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 22 Employee Benefits Consulting I Aw 7. Actuarial Assumptions and Valuation Method (cont.) (9) Employee /Retiree Blended Premium Trend Rates Plan Year Health Delta Medicare Ending Pre -65 Post -65 Dental Part B 6/30/2008 11.00% 11.00% 4.00% 4.00% 6/30/2009 10.00% 10.00% 4.00% 4.00% 6/30/2010 9.00% 9.00% 4.00% 4.00% 6/30/2011 8.00% 8.00% 4.00% 4.00% 6/30/2012 7.00% 7.00% 4.00% 4.00% 6/30/2013 6.00% 6.00% 4.00% 4.00% 6/30/2014 5.00% 5.00% 4.00% 4.00% 6/30/2015+ 4.00% 4.00% 4.00% 4.00% Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 23 Employee Benefits Consulting 7. Actuarial Assumptions and Valuation Method (cont.) B. Other Considerations Active employees that currently have spousal coverage are assumed to remain married and elect the same plan and coverage after retirement. This actuarial valuation is based on census data as of June 30, 2007. C. Valuation Method For the June 30, 2007 actuarial valuation, we have prepared results using the Entry Age Normal Method. The total liability for all benefits is the Actuarial Present Value of Projected Benefits. Under the Entry Age Normal Method, the Actuarial Accrued Liability (AAL) for active members is calculated as the portion of the Actuarial Present Value of projected benefits allocated to prior years on a level basis over service. The cost for the current fiscal year is allocated based on service and is called the Normal Cost. The AAL for members currently receiving benefits, for active members beyond the assumed final retirement age, and for members entitled to deferred benefits, is equal to the present value of the benefits expected to be paid. No normal costs are applicable for these participants. The excess of the total AAL over the actuarial value of plan assets is called the unfunded AAL. Funding requirements are determined by adding the normal cost and an amortization of the unfunded AAL. The amortization of unfunded AAL is over a period of 30 years as a level dollar amount. All changes in liability due to plan amendments, changes in actuarial assumptions, or changes in actuarial methodology are amortized separately. In addition, all gains or losses are tracked and an unamortized gain or loss may be amortized each year. D. Discount Rate (Investment Return Assumption) 5.00% - This is based on the assumption that benefits will be paid from general Central Contra Costa Sanitary District assets and not invested in a separate trust. 8.00% - For illustration purposes, this is an example of an investment return assuming pre - funded contributions towards Central Contra Costa Sanitary District Postretirement Medical Benefits set aside in a trust with a mix of asset classes. Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 24 Employee Benefits Consulting I Mme■ 8. Summary of Plan Provisions A. Benefits Tier I Employees hired by the District prior to May 1, 1985 shall be covered by medical, dental, and reduced life insurance plans (one -half of the life insurance provided at time of retirement for employees hired before May 1, 1985) when they retire from District employment provided that they meet the "Rule of 65." Under the "Rule of 65" an employee's age plus years of service with the District at the time of retirement must total 65, with a minimum requirement that the employee must be at least age 50 and have at least ten (10) years of continuous service with the District at the time of retirement. Eligible employees' qualified dependents (as defined by the plan provider) who were covered as dependents at the time of retirement also shall be covered by medical and dental plans. Tier II Employees hired after May 1, 1985 but before April 19, 2003 shall be covered by medical and dental plans when they retire from District employment provided that they meet the "Rule of 65." Under the "Rule of 65" an employee's age plus years of service with the District at the time of retirement must total 65, with a minimum requirement that the employee must be at least age 50 and have at least ten (10) years of continuous service with the District at time of retirement. Employees hired after April 18, 2003, who are part of the MSCG & management groups (MS & MG) and have reached age 55 and have a minimum of ten (10) years of continuous service with the District at the time of retirement shall be covered by medical and dental plans when they retire from District employment. Eligibility requirements for employees hired after April 18, 2003 that are in the general group are still based on the "Rule of 65" requirements. The district shall only pay for the full cost of an eligible retired employee's medical and dental plan premiums until the retired employee's 65th birthday. At age 65, the retired employee shall pay the District fifty percent (50 %) of the cost for the employee's medical and dental coverage. Eligible employees shall be provided with reduced life insurance ($10,000) when they retire from District employment. Eligible employee's qualified dependents (as defined by the plan provider) who were covered as dependents at the time of retirement also shall be covered by medical and dental plans with the exception that the District shall only pay for the full cost of an eligible dependent's medical and dental plan premiums until the eligible dependent's 65th birthday. At age 65, the eligible dependent shall pay the District fifty percent (50 %) of the cost for the eligible dependent's medical and dental coverage. Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 25 Employee Benefits Consulting I Am 8. Summary of Plan Provisions (cont.) Common to All Retirees At the time of an eligible employee's retirement, all qualified dependents (as defined by the plan provider) who already were dependents at the time of retirement, shall continue to be covered by the District's medical and dental plans in accordance with the Tier I and Tier II benefits as stated above. The district shall have no obligation to pay for coverage for more than two -party (retiree plus one) coverage for any new and different dependent added after the date of retirement age (50 years). The program for dependents of a deceased employee shall provide for health and dental benefits for the length of that employee's total service with the District (in other than temporary status), or until such time that the spouse remarries, or until such time that the dependents no longer qualify for the benefits as stated by the District's policies. Medicare Part B and Medicare Part D The medical coverage for eligible retirees after age 65 will be integrated with Medicare for all eligible retirees regardless of whether they were hired before or after May 1, 1985 and eligible dependents upon their 65th birthday. If the retiree's /dependent's health plan requires enrollment at age 65 in Medicare Part B, the retiree and /or dependent shall be responsible for paying the Medicare premiums. Upon submission of evidence of payment to Medicare, the District will reimburse the retiree and/or dependent for the cost of the Medicare premiums ($93.50 in 2007). However, the District will not be responsible for any penalties or increased costs in the Medicare premium should the employee and/or eligible dependent not enroll in Medicare during the enrollment period surrounding his/her 65th birthday. Medicare Part D covers the cost of prescription drugs for Medicare eligible participants. Under Medicare Part D, Central San had the option of 1) continuing to pay for prescription drugs under the Plan and receive a subsidy from the government or 2) enroll Medicare eligible retirees in Medicare Part D and experience a reduction in pharmacy costs. Central San has elected to offer retirees coverage in health plans that participate in Medicare Part D — the Medicare Part D premium is included in the plan premium for participants over age 65. Central Contra Costa Sanitary District Post Retirement Medical Benefits Page 26 Agenda Item 9. a. 4) Board Meeting of December 20, 2007 Announcements: a) Damage Prevention Conference and Expo Collection System Operations Maintenance Supervisor Steve Sauter and Maintenance Crew Leader Ed Silva attended this Conference in Las Vegas, NV, on December 6, 2007. The conference detailed legislation and regulations regarding locating underground utilities, which have been strengthened since the November 2004 pipeline explosion in Walnut Creek. The disaster itself and the subsequent investigation and legislative changes were the topic of one of the workshops. Common Ground Alliance (CGA), a consortium of interested parties in the construction industry, is currently considering the issue of marking no pressurized systems including sewer laterals. Other topics dealt with the new CalOSHA ruling that requires utility locators to be pre - qualified in addition to locating theory, safe work practices, and other industry concerns. Most of the Crew Leaders in Collection System Operations have already been trained or will be trained by the December 20, 2007 Board Meeting. b) Staff to Attend the 14th Annual Underground Construction Technology Conference Assistant Engineer Nancy Molina will be attending the 14th Annual Underground Construction Technology (UCT) Conference and Exhibition in Atlanta, Georgia, from January 29, 2008 thru January 31, 2008. UCT attendees are exposed to new and diverse underground utility construction and rehabilitation methods. The conference helps attendees understand these varied methods and how to effectively integrate the options into the best possible project solution package. Previous District attendees have found the conference to be highly informative and a beneficial way to discuss new and innovative products with experts in the underground construction industry. c) Staff Visits to Treatment Plants in Minnesota and Michigan in Relation to District Project 7237, Metal Removal Technology On July 19, 2007, the Board of Directors authorized a Professional Engineering Services Agreement with Black and Veatch Corporation (B & V) for the design of the Metals Removal Technology Project. B & V is currently under contract to perform an alternatives analysis and preliminary design to remove mercury from the furnace exhaust and plant effluent. Staff also plans to conduct two mercury removal pilot plant studies in conjunction with the work being performed by B & V. One of the pilot plant studies is very similar to the Metropolitan Wastewater Treatment Plant process in Saint Paul, Minnesota (MWTP), which contains full -scale mercury removal involving powdered activated carbon injection. MWTP recently encountered several problems with their mercury removal process. Staff will meet with MWTP staff to discuss the causes and solutions in order to take preventive measures during the design and construction of the Metals Removal Project and the pilot plant studies. The Ypsilanti Wastewater Treatment Plant in Ypsilanti, Michigan utilizes a packed carbon bed for mercury removal. This is one of the alternatives B & V is investigating for use at the District. Currently, there are no wastewater treatment plants in the western United States utilizing this method for mercury control. The Metals Removal Project may cost the District as much as $20 Million dollars to design and construct. It is prudent to send staff to evaluate processes and issues at these plants to insure a viable project for the District. Up to 4 staff members will be sent to visit these two treatment plants at an approximate cost of $6000. Site visits are currently schedule for the week of January 14, 2008. d) City of Martinez Meeting Regarding Missing Easements District staff recently met with the Martinez City Manager and the City Engineer about resolving a long- standing issue of missing sewer easements in the older areas of Martinez. Under a 1967 Agreement, the District became responsible for the existing sewer system in the City of Martinez. At the time, the City and District were aware that not all of the existing sewers had sufficient easements or other property rights. The Agreement provided for a process to acquire the necessary sewer easement rights with the City being responsible for the costs of acquisition. A significant number of these easement issues were resolved during the late 1980's and 1990's as part of District sewer replacement and renovation projects. Due to staff turnover and other priorities with both the City and District, work on resolving the missing easements stalled. Staff estimates that there are approximately 125 missing easements remaining to be acquired or resolved. During the next several years, the District will undertake another round of sewer renovation projects in the older areas of Martinez. District staff proposes to resolve all of the remaining missing easements over the next few years working with the City. District and City staff agreed to work together in an attempt to acquire the missing easements at the least cost. Staff will report periodically on the progress of this effort. e) Possible Participation of Raffi Moughamian in the Water Leaders Program Assistant Engineer Raffi Moughamian in the Environmental Services Division has applied for participation in the 2008 Water Leaders Program sponsored by the Water Education Foundation. This year -long program educates about water quality and supply issues in the western United States. Participants are assigned to a mentor who is a major water stakeholder or policy- maker. Mr. Moughamian expects to hear whether or not he has been accepted into the program by the end of December 2007. If accepted, he will begin the program in early January 2008. The Water Leaders Program will develop Mr. Moughamian's leadership and decision - making skills. The cost of the Water Leaders Program is $2500. Participation in this program was not specifically budgeted, however, there are sufficient funds in the Engineering Department training budget to cover this cost. f) Status of Underpayment of Fees by KB Home 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 Home and Lennar Communities. The subdivisions are located in the "intervening properties" area near Lawrence Road and Camino Tassajara. Lennar Communities paid $258,083.70 in additional fees in September. KB Home owes an additional $133,287.87. During the summer, staff provided supporting information to KB Home representatives for the additional fees owed . On October 12, 2007, staff sent a formal invoice for the amount due, which was payable by November 27, 2007. KB Home requested an extension of the payment due date to allow further review and consultation with their attorney. Staff granted an extension to December 14, 2007. Staff has offered to allow KB Homes to pay over a one -year period. g) Alhambra Valley Properties Outside of the Urban Limit Line By December 19, 2007, staff anticipates that annexation of 243 properties in the Alhambra Valley will be completed. All of these properties are within the District sphere of influence and within the County Urban Limit Line (ULL). There are 16 properties in the Alhambra Valley that are outside of the ULL and have not been part of the previous annexation applications. Last May, the Board decided not to consider annexation of the properties outside the ULL until the other properties in the Alhambra Valley had been annexed. Staff will prepare a position paper about the issue of annexing the properties outside the ULL for Board consideration at a Board Meeting in early 2008. As this is a complex issue, staff will also prepare a memorandum to the Board that describes background information and possible alternatives. This memorandum will be distributed to the Board by early January 2007. h) Staff Visit to Hammond, Indiana for Inspection of Rodding Truck Field Operations Superintendent Don Rhoads, and Vehicle and Equipment Mechanic Nick Wright traveled to Indiana on December 17, 2007 to inspect the Collection Systems Operations new rodding truck, which is being assembled at the OK Champion manufacturing facility in Hammond, Indiana. The vendor scheduled these dates after the last board meeting. This trip was financed by the vendor as part of the procurement of the rodder. Staff returned on December 18, 2007. 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Ak' r jd gg d tY vG is :lY C TIT t�k g.t Is Agenda Item 9.a.4) Board Meeting of December 20, 2007 Additional Announcements: i) Alhambra Valley Annexation No. 168B LAFCO staff conducted the protest hearing on December 18, 2007 for the District's annexation of 242 properties in the Alhambra Valley. LAFCO staff received 17 written protests out of a possible 381 registered voters in the annexation area. On December 19, 2007, LAFCO unanimously overruled the protests and ordered the annexation of the 242 properties encompassing approximately 302 acres to CCCSD. j) Contra Costa County Solid Waste Authority Executive Director Retired District employee Paul Morsen has served as Interim Executive Director of the Central Contra Costa Solid Waste Authority (CCCSWA) since the resignation of the Executive Director in June 2007. Recruitment of a permanent replacement was not successful. For the near term, the CCCSWA Board of Directors has decided to negotiate an extension of contract with Mr. Morsen. Another recruitment for a permanent Executive Director will be conducted later. k) Mercury in the New Energy Efficient CFL Bulbs A letter to the Editor appeared in yesterday's Contra Costa Times complaining about the mercury in the new energy efficient CFL bulbs. The writer then stated that "our local recycling site in Martinez" does not accept these bulbs. We can't speak to the site he refers to, but we have sent a letter to the editor noting that the Household Hazardous Waste Collection Facility will gladly accept CFL bulbs, along with other household hazardous waste. 1) Pretreatment Compliance Audit An Environmental Protection Agency (EPA) contractor, Tetra Tech, is scheduled to conduct a Pretreatment Compliance Audit (PCA) on January 16 -17, 2008. The Tetra Tech audits are thorough and detail oriented. During the previous Pretreatment Compliance Inspection (which is not as detailed as a PCA), nine issues were identified which were responded to shortly after the inspection. The net result of the process was a recommendation to Region 9 EPA staff that the District be considered for the USEPA National Pretreatment Program Excellence Award. The District won this award. m) RibLoc Tour Update As informed at the November 15, 2007 Board Meeting, there was a schedule change for the RibLoc pipe liner installation. The current schedule is for the installation to be performed by the contractor on Monday January 7, 2008. The date and time of installation will be re- confirmed during the first week in January 2008. Please contact District Secretary Elaine Boehme if you want to witness the installation. TENTATIVE q Central Contra Costa Sanitary District December 20, 2008 TO: HONORABLE MEMBERS OF THE BOARD FROM: GERALD R. LUCEY, BOARD PRESIDENT -ELECT SUBJECT: 2008 BOARD COMMITTEE ASSIGNMENTS I propose the following Board Committee and other assignments listed below for 2008. The appointments will be effective January 1, 2008. As usual, if a Committee Member is unable to attend a meeting, I will appoint an Alternate when necessary. Standing Committees Budget and Finance Committee Approx. No. of Meetings in 2008 Chair: McGill Member: Nejedly 25 Capital Projects Committee Chair: Menesini Member: Hockett 4 Household Hazardous Waste Committee Chair: Hockett Member: Lucey 4 Outreach Committee Chair: Lucey Member: Menesini 6 Human Resources Committee Chair: Lucey Member: Menesini 6 Real Estate Committee Chair: Nejedly Member: Lucey 4 TENTATIVE Recycled Water Committee Approx. No. of Meetings in 2008 Chair: McGill Member: Hockett 4 Ad Hoc Committees Ad Hoc Code Review Committee Chair: McGill Member: Hockett 2 Rearesentatives to Outside Aaencies California Special Districts Association Contra Costa Chapter Representative: Menesini 4 Alternate: McGill Friends of San Francisco Estuary Representative: Menesini 2 Sanitation and Water Agencies of Contra Costa County Representative: Hockett 4 Alternate: Lucey CASA Executive Board Representative: Hockett (elected) 10 Board Liaison to Cities and County Concord Nejedly 1 Pacheco Alamo Hockett 1 Danville San Ramon TENTATIVE Board Liaison to Cities and County — cont'd Pleasant Hill McGill Walnut Creek Martinez Menesini Lafayette Contra Costa County Moraga Lucey Orinda Approx. No. of Meetings in 2008 4 Approximate Number of Compensable Meetings for 2008 (excluding Board Meetings and CSDA conference attendance) McGill 35 Nejedly 30 Hockett 29 Menesini 23 Lucey 21 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 20, 2007 No.: 10.a. Administrative Type of Action: Resolution Subject: ADOPT RESOLUTION AUTHORIZING THE GENERAL MANAGER TO EXECUTE THE CALWARN 2007 OMNIBUS MUTUAL ASSISTANCE AGREEMENT AND DESIGNATE APPROPRIATE STAFF AS AUTHORIZED OFFICIALS. Submitted By: Shari Deutsch Initiating Dept /Div.: Administration / Safety & Risk Management REVIEWED AND RECOMMENDED FOR BOARD ACTION: r 1 �• e sch FYW§graves James N Safety & Risk Admin. Director of Admin. General P ISSUE: Mutual aid agreements are an essential component of any emergency management program. The California Water/Wastewater Agency Response Network (CaIWARN) was created in 1999 to support and promote statewide emergency preparedness, disaster response, and mutual assistance specifically to and for public and private water and wastewater utilities. Since CaIWARN is designed for water and wastewater agencies its members possess similar tools, equipment and personnel that the District would need in an emergency situation. To join CaIWARN the District must accept CaIWARN's 2007 Omnibus Mutual Assistance Agreement and designate personnel authorized to make or approve resource requests in an emergency. Once membership is established designated staff will enter available District resources into the CaIWARN emergency resources database. Acceptance of the attached resolution expresses the District's intent to join CaIWARN and authorizes staff to execute the Agreement as well as manage the District's participation in the program. Joining CaIWARN does not create any duty to respond to other members' requests for assistance. However, the agreement does require requesting members to reimburse responding members for use of its equipment, facilities and personnel. RECOMMENDATION: Staff recommends the Board approve the resolution which authorizes the General Manager to execute the CaIWARN 2007 Omnibus Mutual Assistance Agreement and to designate appropriate staff as authorized officials as defined in the Agreement. H: \Emergency Consolidated File \CaIWARN \PP 122007 re CalWARN.doc POSITION PAPER Board Meeting Date: December 20, 2007 subject. ADOPT RESOLUTION AUTHORIZING THE GENERAL MANAGER TO EXECUTE THE CALWARN 2007 OMNIBUS MUTUAL ASSISTANCE AGREEMENT AND DESIGNATE APPROPRIATE STAFF AS AUTHORIZED OFFICIALS. FINANCIAL IMPACTS: None. The agreement has reasonable indemnification terms and specifies that any responding personnel will be covered under their home agency's worker's compensation coverage. ALTERNATIVES /CONSIDERATIONS: Alternatively, the District may prefer to negotiate individual agreements directly with other water and wastewater agencies, as well as local or regional public health and safety agencies. This approach will subject the District to a variety of terms and conditions negotiated independently for each agreement with the partnering agency. Participation in CalWARN does not preclude the District from developing such additional agreements but does offer a large base of support along with a consistent set of terms and conditions for resource sharing. BACKGROUND: The Safety and Risk Management Division has been charged with reviewing and updating all aspects of the District's emergency management program. Participation in mutual aid arrangements is an essential but currently absent element of the District's program. CalWARN maintains a database of emergency resources (equipment and personnel) that allows member agencies to find and request resources from other member agencies in an emergency. The database is free but only accessible to other CaIWARN members. RECOMMENDED BOARD ACTION: Adopt the resolution authorizing the General Manager to execute the 2007 Omnibus Mutual Assistance Agreement and designate appropriate staff as Authorized Officials. RESOLUTION NO. 2007 - A RESOLUTION APPROVING 2007 OMNIBUS MUTUAL ASSISTANCE AGREEMENT WITH THE CALIFORNIA WATER/ WASTEWATER AGENCY RESPONSE NETWORK (CALWARN) WHEREAS, the California Water/ Wastewater Agency Response Network (CaIWARN) 2007 Omnibus Mutual Assistance Agreement sets forth the mutual covenants and agreements for water and wastewater agencies to provide mutual assistance to one another in times of emergency; and WHEREAS, the District has determined that it would be in its best interest to enter into an agreement that implements the plan and sets forth procedures and the responsibilities of the agency whenever emergency personnel, equipment and facility assistance are provided from one agency to another. BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District ( "District ") as follows: THAT the District hereby approves the California Water/Wastewater Agency Response Network (CaIWARN) 2007 Omnibus Mutual Assistance Agreement; and THAT the General Manager is hereby authorized to execute said Agreement for and on behalf of the Central Contra Costa Sanitary District; and THAT the General Manager is hereby authorized to designate approving officials as defined in said Agreement, a record of which will be kept on file in the office of the Secretary of the District. PASSED AND ADOPTED this 20th day of December, 2007, by the Board of Directors of the District 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 Contra Costa County members in CalWARN include: • Contra Costa Water District • Crockett- Valona Sanitary District • Delta Diablo Sanitary District • Diablo Water District • Dublin San Ramon Services District • EBMUD • Ironhouse Sanitary District • City of Martinez • Mt. View Sanitary District • City of Pittsburg • Rodeo Sanitary District • West County Wastewater Agency The following nearby agencies outside the County are also CalWARN members. • Alameda County Water District • Central Marin Sanitation Agency • Fairfield- Suisun Sewer District • Livermore Municipal Water • City of Pleasanton • Sanitation District #1 of Marin County • Sausalito - Marin City Sanitation District • Stege Sanitary District 1 Articles of Agreement 2 California Water/Wastewater Agency Response Network 3 WARN 2007 Omnibus Mutual Assistance Agreement 4 5 This AGREEMENT is made and entered into by those water and wastewater utilities which have 6 adopted and signed this agreement to provide mutual assistance in times of emergency in 7 accordance with the California Emergency Services Act and the California Disaster and Civil 8 Defense Master Mutual Aid Agreement; and to provide reimbursement for equipment, supplies 9 and personnel made available on an emergency basis. 10 11 All of said water and wastewater utilities being herein referred to collectively as "the parties." 12 13 In consideration of the mutual covenants and agreements hereinafter set forth, the parties agree 14 to provide mutual assistance to one another in times of emergency as follows: 15 16 17 ARTICLE I. 18 PURPOSE 19 20 Recognizing that emergencies may require assistance in the form of personnel, equipment, and 21 supplies from outside the area of impact, the signatory utilities hereby establish an Intrastate 22 Program for Mutual Aid and Assistance. Through the Mutual Aid and Assistance Program, 23 Members coordinate response activities and share resources during emergencies. This 24 Agreement sets forth the procedures and standards for the administration of the Intrastate 25 Mutual Aid and Assistance Program and is available to all water and wastewater utilities, public 26 and private, in the State of California. 27 28 29 ARTICLE II. 30 DEFINITIONS 31 32 A. Authorized Official — An employee or officer of a Member who is authorized to: (1) request 33 assistance; (2) offer assistance; (3) refuse to offer assistance or (4) withdraw assistance 34 under this. 35 36 B. Emergency —A natural or human caused event or circumstance causing, or imminently 37 threatening to cause impact to the operations of a member utility's system, loss of life, injury 38 to person or property, human suffering or financial loss, and includes, but is not limited to, 39 fire, flood, severe weather, earthquake, civil disturbance, riot, explosion, drought, volcanic 40 activity, spills or releases of oil or hazardous material, contamination, utility or transportation 41 emergencies, disease, blight, infestation, intentional acts, sabotage, declaration of war, or 42 other conditions which is, or is likely to be beyond the control of the services, personnel, 43 equipment, and facilities of a Member and requires mutual assistance. 44 45 C. Member— Any public or private water or wastewater utility that manifests intent to 46 participate in the Mutual Aid and Assistance Program by executing this, the California 47 Water/Wastewater Agency Response Network (CaIWARN) Agreement. 48 49 D. Associate Member— Any non utility participant, approved by the State Steering Committee, 50 that provides a support role for the WARN program, for example State Department of Public CaIWARN Mutual Aid /Asst Agreement 1 Revisions July 2007 1 Health, or associations, who are members of the Regional or State Steering Committees 2 and do not officially sign the WARN agreement. 3 4 E. Confidential Information - Any document shared with any signatory to this Agreement that 5 is marked confidential, including but not limited to any map, report, notes, papers, opinion, 6 or e-mail which relates to the system vulnerabilities of a Member or Associate Member. 7 8 F. Non - Responding Member - A Member that does not provide assistance during a Period of 9 Assistance under the Mutual Aid and Assistance Program. 10 11 G. Requesting Member— A Member who requests assistance under the Mutual Aid and 12 Assistance Program. 13 14 H. Responding Member— A Member that responds to a request for assistance under the 15 Mutual Aid and Assistance Program. 16 17 I. Period of Assistance — A specified period of time when a Responding Member assists a 18 Requesting Member. The period commences when personnel, equipment, or supplies 19 depart from Responding Member's facility and ends when the resources return to their 20 facility (portal to portal). All protections identified in the Agreement apply during this period. 21 The specified Period of Assistance may occur during response to or recovery from an 22 Emergency. 23 24 J. National Incident Management System (NIMS) - A national, standardized approach to 25 incident management and response that sets uniform processes and procedures for 26 emergency response operations. 27 28 K. Standardized Emergency Management System (SEMS) - A standardized approach to 29 field command and jurisdictional management and response set forth by State of California 30 Code of Regulations for multi- agency or multi - jurisdictional response to an emergency. 31 32 33 ARTICLE III. 34 ADMINISTRATION 35 36 The administration of the Water/Wastewater Agency Response Network (WARN) will be 37 through WARN Regional Steering Committees (RSC) and the WARN State Steering Committee 38 (SSC). 39 40 The WARN RSCs will be established by representatives from the Members in that region. A 41 chair and co -chair will be elected and act as administrators for that region. The chair will 42 represent the region on the WARN SSC. Each WARN RSC will sponsor an annual meeting for 43 Members, maintain a data base of all water and wastewater utilities who have signed this 44 Agreement, and meet as a committee to address concerns and procedures for requesting 45 mutual assistance in that region. The regions will be comprised of one or more of the six Office 46 of Emergency Services (OES) mutual aid regions. 47 48 The WARN SSC will include the chairs of the regional steering committees, and a 49 representative from the California Department of Public Health (CDPH), California Utilities 50 Emergency Association (CUEA), Department of Water Resources (DWR), the American Water 51 Works Association (AWWA) Emergency Planning Committee, California Rural Water CalWARN Mutual Aid /Asst Agreement 2 Revisions July 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Association (CRWA) and California Sanitation Risk Management Authority (CSRMA). The SSC will identify a Chair for the purpose of leading the SSC and act as a point of contact for the WARN SSC. At a minimum, the WARN SSC will meet annually and issue a list of participating utilities. The database will be maintained on the WARN website, managed by a volunteer Member, as appointed by the SSC. ARTICLE IV. PROCEDURES A. In coordination with the Regional Steering Committees, emergency management and public health system of the state, the State Steering Committee shall develop operational and planning procedures for the Mutual Aid and Assistance Program. These procedures shall be consistent with the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS), reviewed at least annually and updated as needed by the State Steering Committee. B. Requests for emergency assistance under this Agreement shall be directed to the appropriate Authorized Official(s) from the list of Members. C. Consistent with SEMS, when more than one County is impacted by a disaster, requests for mutual assistance under this Agreement may be channeled through the CUEA Utility Operation Center to ensure maximum effectiveness in allocating resources to the highest priority needs. ARTICLE V. REQUESTS FOR ASSISTANCE In general, assistance will be in the form of resources, such as equipment, supplies, and personnel. Assistance shall be given only when Responding Member determines that its own needs can be met while rendering assistance. The execution of this Agreement shall not create any duty to respond on the part of any party hereto. A potential Responding Member shall not be held liable for failing to provide assistance. A potential Responding Member has the absolute discretion to decline to provide any requested assistance. A. Member Responsibility - Members shall identify an Authorized Official and alternates; provide contact information including 24 -hour access; and maintain resource information made available by the utility for mutual aid and assistance response, as allowed by utility policy. Such information shall be updated annually or as changes occur (whichever is sooner), provided to the State Steering Committee, and uploaded into the statewide database. B. Member Request - In the event of an Emergency, a Member's Authorized Official may request mutual aid and assistance from a participating Member. Requests for assistance can be made orally or in writing. When made orally, the request for personnel, equipment, and supplies shall also be prepared in writing and submitted to the participating Member as soon as practicable. Requests for assistance shall be directed to the Authorized Official of the participating Member. Specific protocols for requesting aid shall be provided in the procedures developed under Article IV. CalWARN Mutual Aid /Asst Agreement Revisions July 2007 1 C. Response to a Request for Assistance — Members are not obligated to respond to a 2 request. After a Member receives a request for assistance, the Authorized Official evaluates 3 whether or not to respond, whether resources are available to respond, or if other 4 circumstances would hinder response. Following the evaluation, the Authorized 5 Representative shall inform, as soon as possible, the Requesting Member whether it will 6 respond. If the Member is willing and able to provide assistance, the Member shall inform 7 the Requesting Member about the type of available resources and the approximate arrival 8 time of such assistance. 9 10 D. Discretion of Responding Member's Authorized Official — Execution of this Agreement 11 does not create any duty to respond to a request for assistance. When a Member receives 12 a request for assistance, the Authorized Official shall have sole and absolute discretion as to 13 whether or not to respond, or the availability of resources to be used in such response. An 14 Authorized Member's decisions on the availability of resources shall be final. 15 16 17 ARTICLE VI. 18 RESPONSE COORDINATION 19 20 When providing assistance under this Agreement, the Requesting Member and Responding 21 Member shall be organized and shall function under the Standard Emergency Management 22 System and National Incident Management System protocols and procedures. 23 24 A. Personnel — Responding Member retains right to identify the employees who are willing 25 to participate and the resources that are available. 26 27 B. Control — While employees so provided may be under the supervision of the 28 Responding Member, the Responding Member's employees come under the direction 29 and control of the Requesting Member, consistent with the NIMS Incident Command 30 System to address the needs identified by the Requesting Member. The Requesting 31 Member's Authorized Official shall coordinate response activities with the designated 32 supervisor(s) of the Responding Member(s). Whenever practical, Responding 33 Member personnel must be self sufficient for up to 72 hours. The Responding Member's 34 designated supervisor(s) must keep accurate records of work performed by personnel 35 during the specified Period of Assistance. 36 37 C. Food and Shelter — When possible, the Requesting Member shall supply reasonable food 38 and shelter for Responding Member personnel. If the Requesting Member is unable to 39 provide food and shelter for Responding Member personnel, the Responding Member's 40 designated supervisor is authorized to secure the resources necessary to meet the needs of 41 its personnel. Except as provided below, the cost for such resources must not exceed the 42 State per diem rates for that area. To the extent Food and Shelter costs exceed the State 43 per diem rates for the area, the Responding Member must demonstrate that the additional 44 costs were reasonable and necessary under the circumstances. Unless otherwise agreed 45 to in writing, the Requesting Member remains responsible for reimbursing the Responding 46 Member for all reasonable and necessary costs associated with providing food and shelter, 47 if such resources are not provided. 48 49 D. Communication — The Requesting Member shall provide Responding Member personnel 50 with radio equipment as available, or radio frequency information to program existing radio, 51 in order to facilitate communications with local responders and utility personnel. CalWARN Mutual Aid /Asst Agreement 4 Revisions July 2007 1 2 E. Status - Unless otherwise provided by law, the Responding Member's officers and 3 employees retain the same privileges, immunities, rights, duties and benefits as provided in 4 their respective jurisdictions. 5 6 F. Licenses and Permits — To the extent permitted by law, Responding Member personnel 7 who hold licenses, certificates, or permits evidencing professional, mechanical, or other 8 skills shall be allowed to carry out activities and tasks relevant and related to their respective 9 credentials during the specified Period of Assistance. 10 11 G. Right to Withdraw Resources - The Responding Member's Authorized Official retains the 12 right to withdraw some or all of its resources at any time for any reason in the Responding 13 Member's sole and absolute discretion. Notice of intention to withdraw must be 14 communicated to the Requesting Member's Authorized Official as soon as soon as is 15 practicable under the circumstances. 16 17 18 ARTICLE VII. 19 COST REIMBURSEMENT 20 21 Unless otherwise mutually agreed in whole or in part by both parties, the Requesting Member 22 shall reimburse the Responding Member for each of the following categories of costs incurred 23 while providing aid and assistance during the specified Period of Assistance. 24 25 A. Personnel — Responding Member will make such employees as are willing to 26 participate available to Requesting Member at Requesting Member's expense equal to 27 Responding Member's full cost, i.e., equal to the employee's applicable salary or hourly 28 wage plus fringe benefits and overhead, and consistent with Responding Member's 29 collective bargaining agreements or other conditions of employment. All costs incurred 30 for work performed during the specified Period of Assistance will be included. The 31 Requesting Member shall be responsible for all direct and indirect labor costs. 32 33 B. Equipment— Use of equipment, such as construction equipment, vehicles, tools, pumps 34 and generators, shall be at Responding Member's current equipment rate and subject to the 35 following conditions: The Requesting Member shall reimburse the Responding Member for 36 the use of equipment during the specified Period of Assistance, including, but not limited to, 37 reasonable rental rates, all fuel, lubrication, maintenance, transportation, and 38 loading /unloading of loaned equipment. All equipment shall be returned to the Responding 39 Member as soon as is practicable and reasonable under the circumstances. 40 (a) At the option of Responding Member, equipment may be provided with an 41 operator. 42 (b) Equipment shall be returned to Responding Member within 24 hours after receipt 43 of an oral or written request for return. 44 (c) Requesting Member shall, at its own expense, supply all fuel, lubrication and 45 maintenance for furnished equipment. 46 (d) Responding Member's cost related to the transportation, handling and 47 loading /unloading of equipment shall be chargeable to Requesting Member. 48 (e) In the event equipment is damaged while being dispatched to Requesting Member, 49 or while in the custody and use of Requesting Member, Requesting Member shall 50 reimburse Responding Member for the reasonable cost of repairing said damaged 51 equipment. If the equipment cannot be repaired, then Requesting Member shall CaIWARN Mutual Aid /Asst Agreement 5 Revisions July 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 reimburse Responding Member for the cost of replacing such equipment with equipment that is of at least equal capability as determined by the Responding Member. If Responding Member must lease a piece of equipment while Requesting Member equipment is being repaired or replaced, Requesting Member shall reimburse Responding Member for such lease costs. C. Materials and Supplies — Requesting Member shall reimburse Responding Member in kind or at actual replacement cost, plus handling charges, for use of expendable or non- returnable supplies. Other supplies and reusable items that are returned to Responding Member in a clean, damage -free condition shall not be charged to the Requesting Member and no rental fee will be charged; otherwise, they shall be treated as expendable supplies. Supplies that are returned to the Responding Member with damage must be treated as expendable supplies for purposes of cost reimbursement. D. Payment Period — The Responding Member shall provide an itemized bill to the Requesting Member for all expenses incurred by the Responding Member while providing assistance under this Agreement. The Requesting Member shall send the itemized bill not later than (90) ninety dates following the end of the Period of Assistance. The Responding Member may request additional periods of time within which to submit the itemized bill, and Requesting Member shall not unreasonably withhold consent to such request. The Requesting Member agrees to reimburse the Responding Member within 60 days from receipt of an invoice for assistance provided under this Agreement. The Requesting Member may request additional periods of time within which to pay the itemized bill, and Responding Member shall not unreasonably withhold consent to such request, provided, however, that all payment shall occur not later than one -year after the date a final itemized bill is submitted to the Requesting Member. E. Records - Each Responding Member and its duly authorized representatives shall have access to a Requesting Member's books, documents, notes, reports, papers and records which are directly pertinent to this Agreement for the purposes of reviewing the accuracy of a cost bill or making a financial, maintenance or regulatory audit. Each Requesting Member and its duly authorized representatives shall have access to a Responding Member "s books, documents, notes, reports, papers and records which are directly pertinent to this Agreement for the purposes of reviewing the accuracy of a cost bill or making a financial, maintenance or regulatory audit. Such records shall be maintained for at least three (3) years or longer where required by law and as needed for federal reimbursement practices. ARTICLE VIII. ARBITRATION If any controversy or claim arises out of, or relates to, the Agreement, including, but not limited to an alleged breach of the Agreement, the disputing Members shall first attempt to resolve the dispute by negotiation, followed by mediation and finally shall be settled by arbitration in accordance with the Rules of the American Arbitration Association. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. CaIWARN Mutual Aid /Asst Agreement 6 Revisions July 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ARTICLE IX. REQUESTING MEMBER'S DUTY TO INDEMNIFY Pursuant to Government Code Section 895.4, and subject to Article X, Requesting Member shall assume the defense of, fully indemnify and hold harmless Responding Member, its Directors, Council Members, Supervisors, officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the Requesting Member's work hereunder, including, but not limited to, negligent or wrongful use of equipment, supplies or personnel provided to Requesting Member or faulty workmanship or other negligent acts, errors or omissions by Responding Member, or by personnel provided to Requesting Member from the time assistance is requested and rendered until the assistance is returned to Responding Member's control, portal to portal. ARTICLE X. SIGNATORY INDEMNIFICATION In the event of a liability, claim, demand, action or proceeding, of whatever kind or nature arising out of the rendering of assistance through this Agreement, the parties involved in rendering or receiving assistance agree to indemnify and hold harmless all Members whose only involvement is the execution and approval of this Agreement, in the transaction or occurrence which is the subject of such claim, action, demand or other proceeding. Such indemnification shall include indemnity for all claims, demands, liability, damages and costs, including reasonable attorneys' fees and other costs of defense, for injury, property damage and workers compensation. ARTICLE XI. WORKER'S COMPENSATION CLAIMS The Responding Member is responsible for providing worker's compensation benefits and administering worker's compensation for its employees. The Requesting Member is responsible for providing worker's compensation benefits and administering worker's compensation for its employees. ARTICLE XII. NOTICE Each party hereto shall give to the others prompt and timely written notice of any claim made or any suit instituted coming to its knowledge, which in any way, directly or indirectly, contingently or otherwise, affects or might affect them, and each Member shall have the right to participate in the defense of the same, as it considers necessary to protect its own interests. CalWARN Mutual Aid /Asst Agreement 7 Revisions July 2007 1 ARTICLE XIII. 2 INSURANCE 3 4 Members shall maintain an insurance policy or maintain a self insurance program that covers 5 activities that it may undertake by virtue of membership in the Mutual Aid and Assistance 6 Program. 7 8 9 ARTICLE XIV. 10 CONFIDENTIAL INFORMATION 11 12 To the extent allowed by law, any Member or Associate Member shall maintain in the strictest 13 confidence and shall take all reasonable steps necessary to prevent the disclosure of any 14 Confidential Information provided to it by another Member pursuant to this Agreement. If any 15 Member, Associate Member, or third party requests or demands, by subpoena or otherwise, 16 that a Member or Associate Member disclose any Confidential Information provided to it under 17 this Agreement, the Member or Associate Member shall immediately notify the owner of the 18 Confidential Information and shall take all reasonable steps necessary to prevent the disclosure 19 of any Confidential Information by asserting all applicable rights and privileges with respect to 20 such information and shall cooperate fully in any judicial or administrative proceeding relating 21 thereto. 22 23 24 ARTICLE XV. 25 EFFECTIVE DATE 26 27 This Agreement shall take effect for a new party immediately upon its execution by said 28 party. 29 30 31 ARTICLE XVI. 32 WITHDRAWAL 33 34 Any party may terminate its participation in this Agreement by written notice to the Chair of the 35 appropriate RSC and to the SSC Chair. Withdrawal takes effect 60 days after the appropriate 36 officials receive notice. Withdrawal from this Agreement shall in no way affect a Requesting 37 Member's duty to reimburse a Responding Member for cost incurred during a Period of 38 Assistance, which duty shall survive such withdrawal. 39 40 41 ARTICLE XVII. 42 MODIFICATION 43 44 No provision of this Agreement may be modified, altered or rescinded by individual parties to the 45 Agreement. Modifications to this Agreement require a simple majority vote of Members within 46 each region and unanimous agreement among the regions. The State Steering Committee will 47 notify all parties of modifications to this Agreement in writing and those modifications shall be 48 effective upon 60 days written notice to the parties. 49 CalWARN Mutual Aid /Asst Agreement 8 Revisions July 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ARTICLE XVIII. SEVERABILITY If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. ARTICLE XIX. PRIOR AGREEMENTS To the extent that prior agreements among signatories to this Agreement for mutual assistance are inconsistent with this Agreement, such agreements are hereby superseded. This Agreement supersedes the 1996 Omnibus Mutual Aid Agreement, the WARN 1997 Omnibus Mutual Aid Agreement, and the WARN 2001 Omnibus Mutual Aid and Assistance Agreement. ARTICLE XX. PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS /DUTIES This Agreement is for the sole benefit of the Members and no other person or entity has rights under this Agreement as a third party beneficiary. Assignment of benefits or delegation of duties created by this Agreement to third parties that are not Members is prohibited and without effect. ARTICLE XXI. TORT CLAIMS This Agreement in no way abrogates or waives any immunity or defense available under California law. ARTICLE XXII. INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS To the extent practicable, Members retain the right to participate in mutual aid and assistance activities conducted under the State of California Intrastate WARN Mutual Aid and Assistance Program and the Interstate Emergency Management Assistance Compact (EMAC) and similar programs. CalWARN Mutual Aid /Asst Agreement 9 Revisions July 2007 California Water/Wastewater Agency Response Network (CaIWARN) 2007 Omnibus Mutual Assistance Agreement WHEREAS, the California Office of Emergency Services (OES), the Department of Water Resources (DWR), the Department of Public Health (DPH) and the California Utilities Emergency Association (CUEA) have expressed a mutual interest in the establishment of a plan to facilitate and encourage water agency mutual assistance agreements between water agencies; and WHEREAS, the California Water Agency Response Network (CaIWARN) was originally created to provide a forum for the development of mutual assistance agreements between water agencies in the OES Coastal Region of California; and later expanded to all water and wastewater agencies in the State of California, and WHEREAS, the CALIFORNIA WATER/WASTEWATER AGENCY RESPONSE NETWORK (CaIWARN) 2007 OMNIBUS MUTUAL ASSISTANCE AGREEMENT is a continuation of the WARN 1996 OMNIBUS MUTUAL AID and 2001 OMNIBUS MUTUAL AID AGREEMENT and sets forth the mutual covenants and agreements for water and wastewater agencies to provide mutual assistance to one another in times of emergency; and WHEREAS, State OES regulates the SEMS program, and this agreement is consistent with SEMS, and that it is necessary to have a mutual assistance agreement in place to support requests to FEMA for costs of using assistance during an emergency, and WHEREAS, the water or wastewater agency hereto has determined that it would be in its best interests to enter into an agreement that implements that plan and sets forth procedures and the responsibilities of the agency whenever emergency personnel, equipment and facility assistance are provided from one agency to the other; and WHEREAS, no water or wastewater agency should be in a position of unreasonably using its own resources, facilities, or services providing such mutual assistance; and WHEREAS, it is the intent of WARN to revise this agreement as necessary and to annually publish a list of all water and wastewater agencies participating in this agreement, as posted on www.calwarn.ora; and WHEREAS, such an agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Articles 14 and 17 (Section 8630 et seq.) of the Act. NOW, THEREFORE, in consideration of the conditions and covenants contained therein, the (Utility) agrees to become a party to the CaIWARN 2007 Omnibus Mutual Assistance Agreement. Date: By: Title: V O T E cz ^c W CD Q i L O —^ 0 W PA 11 U) c O C ^/1 W lo U c Q i cz U) cz ■ i Z.6Q) cz 3: cz i 0 U0 L 0 cz •E W Q cn N O E m Q 0) U CZ C U U cn Cco 0 o N CV a--r T A cz U) c 0 a� cz (0) It- Membership Benefits to CCCSD • Provides a standard mutual assistance agreement and process for sharing emergency resources among members statewide. • Provides resources to respond and recover more quickly from a disaster. Benefits (cont.) • Program is consistent with other statewide mutual aid programs and the Standardized Emergency Management System (SEMS). • Provides a forum for developing and maintaining emergency contacts and relationships. • Provides opportunity to shared ideas and lessons learned in other disasters. Membership in CaIWARN • Membership does not create an obligation to share resources. • Designated District staff (Approving Officials) will evaluate requests. • Any CCCSD request for member resources must be made by the Approving Officials. Membership (cont.) • Requesting agency must reimburse loaning agency for use of any resource (including personnel) per the terms and conditions of the Agreement. • Borrowed equipment must be returned to owner agency in same condition. • Loaned employees are covered under home agency's Workers' Compensation program. Next Steps • CCCSD Board of Directors approves CalWARN Agreement via resolution. • General Manager executes Agreement and designates Authorized Officials. • Staff enters available District assets into CalWARN database. Questions? Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 20, 2007 No.: 11.a. Engineering Type of Action: AUTHORIZE AN ALHAMBRA VALLEY ASSESSMENT DISTRICT subject: CONSIDER THE FORMATION OF AN ALHAMBRA VALLEY ASSESSMENT DISTRICT (AVAD) FOR PROPERTIES ON ALHAMBRA VALLEY ROAD, CASTLE CREEK COURT, AND FALLEN OAK LANE IN UNINCORPORATED MARTINEZ FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE CREEKSIDE OAKS AVAD NO. 2007 -5 FOR APPROVAL OF THE BOUNDARY, AND REQUESTING CONSENT OF CONTRA COSTA COUNTY FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE AVAD Submitted By: Initiating Dept /Div.: Russell B. Leavitt, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: g4-z- �PL — Aw R. Leavitt C. Swanson A. Farrell O-A /" - K. Alm - ames M Kelly eneral anager ISSUE: Owners of properties on Alhambra Valley Road, Castle Creek Court, and Fallen Oak Lane in unincorporated Martinez are interested in connecting their homes to the Central Contra Costa Sanitary District ( CCCSD) sewer system, and have requested formation of an Alhambra Valley Assessment District (AVAD) to finance an extension of the public sewer system. Board approval is required for the AVAD. RECOMMENDATION: Find that the project is exempt from the California Environmental Quality Act (CEQA) and approve initiating the formation of Creekside Oaks AVAD No. 2007 -5. FINANCIAL IMPACTS: There are administrative costs for initiating the formation of an AVAD. The AVAD participants eventually will pay these costs if an AVAD is actually formed. ALTERNATIVES /CONSIDERATIONS: Reject or defer initiating formation of the AVAD. These actions would halt or delay the AVAD proceedings and would be inconsistent with the District's efforts to assist property owners who wish to voluntarily convert from septic systems to public wastewater utility service. BACKGROUND: A residential developer, Mr. John Curtis, has constructed a public main sewer on Alhambra Valley Road, from the Reliez Valley Road intersection west to his subdivision at Creekside Oaks. The sewer will serve seven residential lots in the Creekside Oaks subdivision, north of Alhambra Valley Road, as well as nine properties owned by others along the Alhambra Valley Road sewer route (eight developed, one undeveloped). In order to offer AVAD financing to these nine property owners an AVAD N: \ENVRSEC \Position Papers \Leavitt\2007 \PP Formation of AVAD 2007 -5 Creekside Oaks 12- 20- 07.doc POSITION PAPER Board Meeting Date: December 20, 2007 subject. CONSIDER THE FORMATION OF AN ALHAMBRA VALLEY ASSESSMENT DISTRICT (AVAD) FOR PROPERTIES ON ALHAMBRA VALLEY ROAD, CASTLE CREEK COURT, AND FALLEN OAK LANE IN UNINCORPORATED MARTINEZ FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE CREEKSIDE OAKS AVAD NO. 2007 -5 FOR APPROVAL OF THE BOUNDARY, AND REQUESTING CONSENT OF CONTRA COSTA COUNTY FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE AVAD should be formed. The area where the AVAD would be formed is shown on Attachment 1. The initial steps toward creation of Creekside Oaks AVAD No. 2007 -5 are for the Board of Directors to adopt a resolution indicating CCCSD's intention to designate an area within which contractual assessments are appropriate; briefly describing the proposed financing for the project; establishing the boundaries of the AVAD; setting the time, date, and place for a public hearing at which interested persons may inquire about or object to the proposed program; and directing staff to prepare an Engineer's Report describing the project and financing arrangements. Additional resolutions are required to approve the boundary of the assessment district and to request the consent of Contra Costa County for CCCSD to conduct proceedings for Creekside Oaks AVAD No. 2007 -5. Staff has concluded that this project is exempt from CEQA under District CEQA Guidelines Section 15061(b)(3), since it can be "seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment." The activity, in this case, is the formation of the AVAD only, since the sewer has already been constructed. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Authorize formation of an AVAD consisting of 16 properties on Alhambra Valley Road, Castle Creek Court, Creekside Oaks, and Fallen Oak Lane by: 1. Adopting a resolution of intention to create Creekside Oaks AVAD No. 2007 -5 for the purpose of installing sewer improvements (Exhibit 1); 2. Adopting a resolution approving the boundary of the assessment district (Exhibit 2); and 3. Adopting a resolution requesting consent from Contra Costa County for CCCSD to conduct proceedings for Creekside Oaks AVAD No. 2007 -5 (Exhibit 3). N: \ENVRSEC \Position Papers \Leavitt\2007\PP Formation of AVAD 2007 -5 Creekside Oaks 12- 20- 07.doc Jji A D A A M ROD N � 3 AVE VINE � SITE e �r PLEAS HILL LOCATION MAP N.T.S. 1*� 9E LEGEND: p�,t�P�MgM POTENTIAL a 0 AVAD AREA ri AVAD SEWER v 0 DEVELOPER SEWER 6 POSSIBLE AVAD a PARTICIPANTS 0 300 . CREEKSIDE OAKS SUBDIVISION LOT a ET Central Contra Costa Attachment p Sanitary District PROPOSED BOUNDARY OF ' CREEKSIDE OAKS AVAD NO. 2007-5 1 V EXHIBIT 1 RESOLUTION NO. 2007- RESOLUTION OF INTENTION TO CREATE CREEKSIDE OAKS ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -5 FOR THE PURPOSE OF INSTALLING SEWER IMPROVEMENTS WHEREAS the public health and the environment would be best protected by the expansion of the public sewer system; WHEREAS the construction and installation of a sanitary sewer pipeline, together with appurtenant work and facilities, in areas not presently connected to the sewer system would facilitate the elimination of potential public health problems due to failing septic systems; and WHEREAS it would be convenient and advantageous to establish a boundary around an area within which the District and property owners may enter into contractual assessments and make arrangements to finance public improvements to parcels which are developed and where the costs and time delays involved in creating an assessment district pursuant to alternative provisions in the law would be prohibitively large relative to the cost of the improvement. THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District resolves: 1. This Board intends to approve the following improvement under the authority of the Municipal Improvement Act of 1911, as amended, to wit: Construction and installation of approximately 1,450 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Alhambra Valley Road and Creekside Oaks in unincorporated Martinez, California. 2. This Board finds that the parcels within the Alhambra Valley Assessment District are shown within the boundaries of the map entitled, "Proposed Boundary of Creekside Oaks AVAD No. 2007 -5." 3. This Board intends to levy a special assessment upon participating parcels within the described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvement. The improvement proposed will not confer any special benefit upon any publicly owned land. Hence, there shall be omitted from special assessment all public streets, alleys, and places and all land belonging to the United States, the State of California, the County of Contra Costa, and Central Contra Costa Sanitary District now in use in the performance of a public function. 4. This District will provide loan financing for the improvements to be repaid by assessments on the property of participating parcel owners. Assessments shall be paid over a maximum period of fifteen (15) years with interest at a rate to be fixed by the District. NAENVRSEC \Position Papersleavitt\2007 \Exhibits 1, 2, 3 Res for AVAD -5 Creekside Oaks 12- 20- 07.doc 5. The procedure for the collection of assessments will be the placement of assessments on participating parcel owners' tax bills. The first assessments will be placed on owners' tax bills in fiscal year 2008 -2009. 6. This Board appoints Curtis Swanson, Environmental Services Division Manager, to prepare the report required by Section 5898.22 of the Streets and Highways Code. 7. A public hearing shall be held on this matter on March 20, 2008 at the District offices, 5019 Imhoff Place, Martinez. This date is tentative and may be modified in the future. 8. The Board independently finds that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 5.2(b)(3), since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." The activity, in this case, would be the formation of the AVAD. PASSED AND ADOPTED this 20th day of December 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 of the Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel NAENVRSEC \Position Papers \Leavitt\2007 \Exhibits 1, 2, 3 Res for AVAD -5 Creekside Oaks 12- 20- 07.doc EXHIBIT 2 RESOLUTION NO. 2007- RESOLUTION APPROVING BOUNDARY MAP CREEKSIDE OAKS ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -5 The Board of Directors of the Central Contra Costa Sanitary District resolves: A map entitled "Proposed Boundary of Creekside Oaks AVAD No. 2007 -5" has been filed with the Secretary of the Central Contra Costa Sanitary District. This Board approves the map and adopts the boundaries shown on the map as describing the extent of the territory included in a proposed assessment district to be known as Creekside Oaks AVAD No. 2007 -5, Central Contra Costa Sanitary District, County of Contra Costa, California. This Board intends to levy a contractual assessment upon participating parcels within the described district in accordance with the benefit to be received by each parcel of land, respectively, from the improvement. There shall be omitted from assessment, all public streets, alleys, and places and all land belonging to the United States, the State of California, the County of Contra Costa, and the District because it has been determined that no special benefit will be conferred on any such land within the District. This Board finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code. This Board directs the Secretary of the District to certify the adoption of this resolution on the face of the map and to file a copy of the map with the County Recorder for placement in the Book of Maps of Assessment and Community Facilities Districts. PASSED AND ADOPTED this 20th day of December 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 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 APROVED AS TO FORM: Kenton L. Alm, District Counsel NAENVRSEC \Position Papersleavitt\2007 \Exhibits 1, 2, 3 Res for AVAD -5 Creekside Oaks 12- 20- 07.doc EXHIBIT 3 RESOLUTION NO. 2007- RESOLUTION REQUESTING CONSENT TO CONDUCT ASSESSMENT PROCEEDINGS FOR CREEKSIDE OAKS ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -5 The Board of Directors of the Central Contra Costa Sanitary District (CCCSD) resolves: On December 20, 2007, the Board adopted a Resolution of Intention, a copy of which is attached hereto, marked Exhibit 1, and by reference incorporated herein as though fully set forth. All of the property proposed to be assessed lies within the County of Contra Costa. All public streets, alleys, places, and all land belonging to the United States, the State of California, the County of Contra Costa, and CCCSD shall be omitted from assessment because it has been determined that no special benefit will be conferred on any such land within the proposed Assessment District. The County of Contra Costa will, in the opinion of the Board of Directors of CCCSD, be benefited by the improvements referred to in the Resolution of Intention, and the purposes sought to be accomplished by the work can best be accomplished by a single, comprehensive scheme of work. The consent of the County of Contra Costa, through its Board of Supervisors, is hereby requested to the formation of the Assessment District described in said Resolution of Intention, to the improvement described, and to the assumption of jurisdiction by the CCCSD Board of Directors for all purposes in connection with the formation of this Assessment District, the improvements to be made and the assessment of property within the boundaries of the proposed Assessment District. The Secretary of CCCSD is hereby directed to transmit a certified copy of this resolution with the Resolution of Intention attached and a certified copy of the map showing the boundaries of the Assessment District to the County of Contra Costa. PASSED AND ADOPTED this 201h day of December 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 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, District Counsel NAENVRSEC \Position Papers \Leavitt\2007 \Exhibits 1, 2, 3 Res for AVAD -5 Creekside Oaks 12- 20- 07.doc Alhambra Valley Assessment District 2007-5 Curtis Swanson Environmental Services Division Manager December 20, 2007 A Of 1 AVAD No. 2007 -5 Creekside Oaks AVAD ■ Sewer extension off trunk sewer. ■ Will serve 9 existing properties along Alhambra Valley Road west of the "T" intersection. ■ 9 potential participants ■ 66% interest in forming an AVAD. Sewer Project Status • Sewer extension has been constructed by the developer. • Sewer serves 16 properties. 7 unit residential development 9 existing homes (66% interest in AVAD) • Propose to reimburse developer for sewer for portion of sewer extension. • Sewer Extension Cost Split: AVAD Share- 56% Developer Share- 44% 2 Policy Issues ■ Should CCCSD finance the reimbursement owed to the developer? If no, residents must pay the reimbursement amount at time of connection If yes, then there are 2 options: 1. Participant's reimbursement. 2. Both participant & non - participant reimbursements. Participant Costs 1. Sewer main extension - $14,000 z. Trunk indirect share - 91000 3. CCCSD capacity fee - 6,000 4. Total eligible costs - $29,000 s. Septic tank closure $2,000 6. Lateral sewer $5,000 7. Total ineligible costs $7,000 3 Recommendation ■Initiate formation of the following Alhambra Valley Assessment District No.2007 -5. ■ Finance both participant & non - participant sewer reimbursements. EI u6p' *91Q o \u \iamQS \s oW 39Y1 \9n14ajo \:Nc7L u f99£Q o \u p \iaraS \s oW 30A \ani4DJo \;Nc9 usp'981Q \u \iamsS \s eyojo \;N«L 6S9£4 o \u P \uoraS \s oy4 3 niy3Jo \;N s AP'LIIID\j*J\PI8\: NWL O'L9£ \u p -fAQS \t oW \ nigaJo \:Ntv -- u6p•t ow— ssnb —woyp\ u ow \s ow10 s \ ;)4:"'N 11H i • ""865 0 L030 ''160 wed a [£9.03'u0 slaxal