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HomeMy WebLinkAbout2/7/2008 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 7, 2008 No.: 3.d. Consent Calendar Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM WITHERS PROPERTIES, LLC FOR AN EASEMENT SHOWN ON THE RECORDED FINAL MAP OF MINOR SUBDIVISION MS 01 -0021 IN THE LAFAYETTE AREA, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5643 - PARCEL 2 *) Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: M. Mullin J. yamoto -Mills . Swanson . F ell James M. Kelly General 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 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: 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 shown on the recorded final map of Minor Subdivision MS 01 -0021, and required for a recent sewer extension off Withers Avenue in the Lafayette area of Contra Costa County as shown on Attachment 1. Staff has reviewed the 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 Withers Properties, LLC shown on the recorded final map of Minor Subdivision MS 01 -0021 in the Lafayette area of Contra Costa County, accepting Job 5643 public sewer improvements, and authorizing recording of the resolution with the Contra Costa County Recorder. *Easement parcel numbers are for internal job log use only. N: \ENVRSEC \Position Papers \Mullin\2008 \5643 PP Offer Ded Withers Props 2- 7- 08.doc I F� LEGEND: --) NEW SEWER _.©— EXISTING SEWER 10 EASEMENT AREA Central Contra Costa Sanitary District o�' c� LAFAYETTE =m rN LOCATION MAP N. T. S. ACCEPT EASEMENT JOB 5643 - PARCEL 2 Attachment E Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 7, 2008 No.: 3.e. Consent Calendar Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM MICHAEL AND CAROL GRAY, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5660 — PARCEL 2* - ALTA LANE, LAFAYETTE) Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTIO ^9 - . (� -� niw -� M. Mullin . Miyamoto -Mills . Swanson . F rrell James . Kelly Genera 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: 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 sewer installed during a recent sewer extension off Pleasant Hill Road in Lafayette as shown on Attachment 1. Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an easement from Michael and Carol Gray, accepting Job 5660 public sewer improvements, and authorizing recording of the resolution with the Contra Costa County Recorder. *Easement parcel numbers are for internal job log use only. N: \ENVRSEC \Position Papers \Mullin\2008 \5660 PP Offer Ded Gray 2- 7- 08.doc 0� SITE� LA FA TTE m Z a Z LOCATION MAP N. T. S. '0 rm rN \2 Z APN 233 - 140 -017 r r ra GRAY �r J J / APN 233 - 140 -005 �- � f J � J J I J J J LEGEND: —e— NEW SEWER EXISTING SEWER N EASEMENT AREA Central Contra Costa Attachment Sanitary District ACCEPT EASEMENT ' JOB 5660 - PARCEL 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 7, 2008 No.: 3.f. Consent Calendar Type of Action: ADOPT RESOLUTION Subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM CENTEX HOMES FOR AN EASEMENT SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION 8712 IN THE DOUGHERTY VALLEY AREA OF CONTRA COSTA COUNTY, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5669 - PARCEL 2 *) Submitted By: Molly Mullin, Engineering Assistant III REVIEWED AND RECOMMENDED FOR BOARD ACTION: Initiating Dept. /Div.: Engineering /Environmental Services M. Mullin J. amoto -Mills . Swanson . F ell j James . Kelly General anager 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 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: 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 shown on the recorded final map of Subdivision 8712, and required for a recent sewer extension off Albion Road in the Dougherty Valley area of Contra Costa County as shown on Attachment 1. Staff has reviewed the 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 Centex Homes shown on the recorded final map of Subdivision 8712 in the Dougherty Valley area of Contra Costa County, accepting Job 5669 public sewer improvements, and authorizing recording of the resolution with the Contra Costa County Recorder. *Easement parcel numbers are for internal job log use only. N: \ENVRSEC \Position Papers \Mullin\2008 \5669 PP Offer Ded Centex Homes 2- 7- 08.doc ti U U Q D Q LEGEND: —E) NEW SEWER _,e- EXISTING SEWER M EASEMENT AREA Central Contra Costa Sanitary District DANVILLE LAWRENCE RD Arm :RD 1 SAN RAMONU„j 9� Pp 9 LOCATION MAP N. T. S. Q ALBI ON RD I ACCEPT EASEMENT JOB 5669 - PARCEL 2 Q 1 1 1 1 �r Q� J ' _r c Attachment 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 7, 2008 No.: 3.g. Consent Calendar Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM DAVID AND JOANNE MIK, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5675 — PARCEL 2* - NATHAN PLACE, DANVILLE) Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: f )M.V — Nt — — Mullin J. iyamoto -Mills C. Swanson A. II James M Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: 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 sewer installed during a recent sewer extension off Nathan Place (CAD 2002 -02) in Danville as shown on Attachment 1. Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an easement from David and Joanne Mik, accepting Job 5675 public sewer improvements, and authorizing recording of the resolution with the Contra Costa County Recorder. *Easement parcel numbers are for internal job log use only. N: \ENVRSEC \Position Papers \Mullin\2008 \5675 PP Offer Ded Mik 2- 7- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 7, 2008 No.: 3.h. Consent Calendar Type of Action: ADOPT RESOLUTION Subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM MICHAEL RASMUSSEN AND DENISE BOUCHER, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5675 — PARCEL 3* - NATHAN PLACE, DANVILLE) Submitted By: Initiating Dept /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: riv) - M° ullin J. Mi moto -Mills . Swanson a ell Ja M. Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: 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 sewer installed during a recent sewer extension off Nathan Place (CAD 2002 -02) in Danville as shown on Attachment 1. Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an easement from Michael Rasmussen and Denise Boucher, accepting Job 5675 public sewer improvements, and authorizing recording of the resolution with the Contra Costa County Recorder. *Easement parcel numbers are for internal job log use only. N: \ENVRSEC \Position Papers \Mullin \2008 \5675 PP Offer Ded Rasmussen Boucher 2- 7- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 7, 2008 No.: 3A. Consent Calendar Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM VIRGINIA, ROBERT, AND CYNTHIA HART, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5675 — PARCEL 4* - NATHAN PLACE, DANVILLE) Submitted By: Initiating Dept /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: I k"t M. Mullin J. iyamoto -Mills C. Swanson A.fargh ames I. Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: 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 sewer installed during a recent sewer extension off Nathan Place (CAD 2002 -02) in Danville as shown on Attachment 1. Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an easement from Virginia, Robert, and Cynthia Hart, accepting Job 5675 public sewer improvements, and authorizing recording of the resolution with the Contra Costa County Recorder. Easement parcel numbers are for internal job log use only. N: \ENVRSEC \Position Papers \Mullin \2008 \5675 PP Offer Ded Hart 2- 7- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 7, 2008 No.: 3.j. Consent Calendar Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM DOUGLAS AND KATHLEEN SHARPE, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5675 — PARCEL 5* - NATHAN PLACE, DANVILLE) Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: M. Mullin J. Mi amoto -Mills C. Swanson A. Far II ame Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: 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 sewer installed during a recent sewer extension off Nathan Place (CAD 2002 -02) in Danville as shown on Attachment 1. Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an easement from Douglas and Kathleen Sharpe, accepting Job 5675 public sewer improvements, and authorizing recording of the resolution with the Contra Costa County Recorder. *Easement parcel numbers are for internal job log use only. WENVRSEMPosition Papers \Mullin \2008 \5675 PP Offer Ded Sharpe 2- 7- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 7, 2008 No.: 3.k. Consent Calendar Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM WALTER AND EDITH LUCAS, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5675 — PARCEL 6* - MICHAEL LANE, DANVILLE) Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: 1 ,/ - PP09 i M. Mullin J. M amoto -Mills . Swanson (arr II James V. Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: 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 sewer installed during a recent sewer extension off Michael Lane (CAD 2002 -02) in Danville as shown on Attachment 1. Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an easement from Walter and Edith Lucas, accepting Job 5675 public sewer improvements, and authorizing recording of the resolution with the Contra Costa County Recorder. *Easement parcel numbers are for internal job log use only. N: \ENVRSEC \Position Papers \Mullin\2008 \5675 PP Offer Ded Lucas 2- 7- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 7, 2008 No.: 3.1. Consent Calendar Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM SIDNE LONG, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5675 — PARCEL 7* - MICHAEL LANE, DANVILLE) Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: �-72- Z,&� - v P4 — 0<11ty M. Mullin J. iyamoto -Mills . Swanson . F ell James . Kelly Y General manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: 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 sewer installed during a recent sewer extension off Michael Lane (CAD 2002 -02) in Danville as shown on Attachment 1. Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an easement from Sidne Long, accepting Job 5675 public sewer improvements, and authorizing recording of the resolution with the Contra Costa County Recorder. *Easement parcel numbers are for internal job log use only. N: \ENVRSEC \Position Papers \Mullin\2008 \5675 PP Offer Ded Long 2- 7- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date February 7, 2008 No.: 3.m. Consent Calendar Type of Action: ADOPT RESOLUTIONS subject: ADOPT RESOLUTIONS ACCEPTING A GRANT OF EASEMENT (DISTRICT PROJECT 2905), AND AUTHORIZING EXECUTION OF A QUITCLAIM DEEDTO LINDA B. INGHAM (DISTRICT PROJECTS 2905 AND 3411) Submitted By: Initiating Dept. /Div.: George Harrington Engineering /Environmental Services Senior Right of Way Agent REVIEWED AND RECOMMENDED FOR BOARD ACTION: 4 � )�, I--- pjvl� — i G. Harrington J. iyamoto -Mills . Swanson A. Farr Jame M. Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept or quitclaim easements and record documents. RECOMMENDATION: Adopt resolutions accepting a Grant of Easement and authorizing execution of a Quitclaim Deed and recording of the documents. FINANCIAL IMPACTS: None: This is an exchange with relocation of the easement. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: Linda B. Ingham, real property owner of 3960 Happy Valley Road, Lafayette, has been cooperating with the District to locate and formalize the location of the public sewer on her property so as to accurately reflect the record description of the easement with the actual location of the sewer pipeline in the ground. The property owner agreed to grant a new easement to the District in exchange for a quitclaim of the existing easement, which will accurately reflect the location of the sewer pipeline. RECOMMENDED BOARD ACTION: Adopt resolutions accepting a Grant of Easement and authorizing the President of the Board of Directors and the Secretary of the District to execute a Quitclaim Deed to Linda B. Ingham on behalf of the District, and recording of the documents with the Contra Costa County Recorder. WENVRSEMPosition Papers \Harrington\2008 \3411 and 2905 PP GOE Ingram 2- 7- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date February 7, 2008 No.: 3.n. Consent Calendar Type of Action: ADOPT RESOLUTIONS subject: ADOPT RESOLUTIONS ACCEPTING A GRANT OF EASEMENT (DISTRICT PROJECT 3411) AND AUTHORIZING EXECUTION OF A QUITCLAIM DEEDTO JAMES R. BRIDGES, SUCCESSOR CO- TRUSTEE OF THE ROBERT L. BRIDGES 2001 FAMILY TRUST DATED NOVEMBER 26, 2001 (DISTRICT PROJECTS 3411 and 2905) Submitted By: Initiating Dept. /Div.: George Harrington Engineering /Environmental Services Senior Right of Way Agent REVIEWED AND RECOMMENDED FOR BOARD ACTION; G. Ha&ington J. iyamoto -Mills C. Swanson I A. arr I (r4 - James . Kelly General anager ISSUE: A resolution of the Board of Directors is required to accept or quitclaim easements and record documents. RECOMMENDATION: Adopt resolutions accepting a Grant of Easement and authorizing execution of a Quitclaim Deed and recording of the documents. FINANCIAL IMPACTS: None: This is an exchange with relocation of the easement. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: James R. Bridges, Successor Co- Trustee of the Robert L. Bridges 2001 Family Trust dated November 26, 2001 real property owner of 3972 Happy Valley Road, Lafayette, has been cooperating with the District to locate and formalize the location of the public sewer on their property so as to accurately reflect the record description of the easement with the actual location of the sewer pipeline in the ground. The property owner agreed to grant a new easement to the District in exchange for a quitclaim of the existing easement, which will accurately reflect the location of the sewer pipeline. RECOMMENDED BOARD ACTION: Adopt resolutions accepting a Grant of Easement and authorizing the President of the Board of Directors and the Secretary of the District to execute a Quitclaim Deed to James R. Bridges, Successor Co- Trustee of the Robert L. Bridges 2001 Family Trust dated November 26, 2001, on behalf of the District, and recording of the documents with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Harrington \2008 \3411 and 2905 PP GOE Bridges 2- 7- 08.doc 246-040-003 LEGEND: i NEW EASEMENT AREA EX. EASEMENT AREA TO BE QUITCLAIMED I Central Contra Costa Sanitary District I jINI Ir SITE LOCATION MAP N. T. S. 246 - 040-002 -7 0 60 120 FEET QUITCLAIM AND GRANT OF Drawing No. NEW EASEMENT 1 DP 3411 Attachment 1 Imo-- QUITCLAIM j EXISTING EASEMENT 1 � a J' J ACCEPT NEW EASEMENT 246-040-003 LEGEND: i NEW EASEMENT AREA EX. EASEMENT AREA TO BE QUITCLAIMED I Central Contra Costa Sanitary District I jINI Ir SITE LOCATION MAP N. T. S. 246 - 040-002 -7 0 60 120 FEET QUITCLAIM AND GRANT OF Drawing No. NEW EASEMENT 1 DP 3411 Attachment 1 EX. EASEMENT AREA TO BE QUITCLAIMED Central Contra Costa Sanitary District QUITCLAIM AND GRANT OF Drawing No. NEW EASEMENT 2 DP 2905 AND 3411 Attachment 1 SITE MATCH LINE I ► I ► PART 1 PART 2 1 1 ►1 1 LOCATION MAP !: 246 - 040 -002 -7 i i 246-040 -003 ► 11 111 11 II1 !I; I o ao ao FEET MATCH LINE I I I , PART 1 ! ; PART 2 MATCH LINE LEGEND: - -__J NEW EASEMENT AREA I ' i ► PAGE 3 � i I EX. EASEMENT AREA TO BE QUITCLAIMED Central Contra Costa Sanitary District QUITCLAIM AND GRANT OF Drawing No. NEW EASEMENT 2 DP 2905 AND 3411 Attachment 1 LEGEND SITE LOCATION MAP N. T. S. ; ji'l PAGE 2 MATCH LINE 246-040-003 QUITCLAIM EXISTING EASEMENT ----------------------- ---------------------- ---- ------- ACCEPT Z— NEW EASEMENT NEW EASEMENT EX. EASEMENT ARE TO BE QUITCLAIME Central Contra Costa Sanitary District V N i FEET 100 Up QUITCLAIM AND GRANT OF NEW EASEMENT DP 2905 AND 3411 Drawing No. Attachment 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 7, 2008 No.: 3.o. Consent Calendar Type of Action: CONFIRM PUBLICATION Subject: ADOPT A RESOLUTION CONFIRMING PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 247 (UNCODIFIED) - ESTABLISHING REIMBURSEMENT FEES APPLICABLE TO PROPERTIES THAT CONNECT TO JOB 5436 (WENDT RANCH OFFSITE SEWER, DANVILLE); JOB 5818 (EL TOYONAL, ORINDA) SPECIAL SEWER FACILITIES; AND JOB 5893 (PINE TREE DRIVE, ALAMO) STANDARD SEWER FACILITIES Submitted By: Initiating Dept. /Div.: Administrative Department Elaine R. Boehme Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: t E. Boehme K. Alm ames Iff Kelly, 4eneral Manager ISSUE: Section 6490 of the Health and Safety Code of the State of California provides that District ordinances shall be published once in a newspaper of general circulation within the District, and provides that an Order of the Board of Directors of the District to the effect that the ordinance has been published shall constitute conclusive evidence that publication has been properly made. RECOMMENDATION: Adopt a resolution confirming the publication of a summary of District Ordinance No. 247. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: Establishes presumption that the ordinance was correctly published and therefore would be deemed procedurally valid by a court. BACKGROUND: A summary of District Ordinance No. 247 (Uncodified) which was adopted by the Board at the meeting of December 6, 2007, and which Establishes Reimbursement Fees Applicable to Properties that Connect to Job 5436 (Wendt Ranch Offsite Sewer, Danville); Job 5818 (El Toyonal, Orinda) Special Sewer Facilities; and Job 5893 (Pine Tree Drive, Alamo) Standard Sewer Facilities, was published in the Contra Costa Times on December 15, 2007. Proof of publication is attached. RECOMMENDED BOARD ACTION: Adopt a resolution confirming the publication of a summary of District Ordinance No. 247. Page 1 of 3 RESOLUTION NO. 2008- RESOLUTION CONFIRMING PUBLICATION OF A SUMMARY OF DISTRICT ORDINANCE NO. 247 (UNCODIFIED) ESTABLISHING REIMBURSEMENT FEES APPLICABLE TO PROPERTIES THAT CONNECT TO JOB 5436 (WENDT RANCH OFFSITE SEWER, DANVILLE); JOB 5818 (EL TOYONAL, ORINDA) SPECIAL SEWER FACILITIES; AND JOB 5893 (PINE TREE DRIVE, ALAMO) STANDARD SEWER FACILITIES WHEREAS, Section 6490 of the Health and Safety Code of the State of California provides that District ordinances shall be published once in a newspaper of general circulation within the District, and provides that an Order of the Board of Directors of the District to the effect that the Ordinance has been published shall constitute conclusive evidence that publication has been properly made. NOW, THEREFORE, be it resolved by the Board of Directors of the Central Contra Costa Sanitary District as follows: THAT a summary of District Ordinance No. 247 (Uncodified) which was adopted on December 6, 2007, and which Establishes Reimbursement Fees Applicable to Properties that Connect to Job 5436 (Wendt Ranch Offsite Sewer, Danville); Job 5818 (El Toyonal, Orinda) Special Sewer Facilities; and Job 5893 (Pine Tree Drive, Alamo) Standard Sewer Facilities, has been properly published once since its adoption in a newspaper of general circulation within Contra Costa County. PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors this 7th day of February, 2008 by the following vote: AYES: Members: NOES: Members: ABSENT: Members: COUNTERSIGNED: Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Gerald R. Lucey President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California Kenton L. Alm District Counsel PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: December 15, all in the year of 2007 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 18 day of December, 2007 .. . ............................... Signature Contra Costa T es P O Box 4147 Walnut Creek, CA 94596 (925) 935 -2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) SUMMARY OF ORDINANCE NO. 247 NOTE: The above Is a summary of malor hl9h- ano/or a copy may be ob- tained from the office. Z� pted: December6, AYES: Members:Hockett, Luce McGill, Menesinl, NeJ 91Y NOES: Members:None ABSENT: Members:None /s/ James A. Nejedly president of the District Board of the Central Contra Costa San- itary District, County of Contra Costa, State of California COUNTERSIGNED: /s/ Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District County of Contra Costa State of California Approved as to Form: /s/ Kenton L. Alm Kenton L. Alm District Counsel Leqal CCT 2627575 Publish December 15, 2007 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS - POSITION PAPER Board Meeting Date: February 7, 2008 No.: 3.p. 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 3, DISTRICT PROJECT 5963, 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. 4 11 M. Husain A. Antkowiak ecki Fiarrell mes Kelly, eneral anager ISSUE: Construction has been completed on the North Orinda Sewer Renovations, Phase 3, District Project 5963, and the work is now ready for acceptance. RECOMMENDATION: Accept the contract work for the North Orinda Sewer Renovations, Phase 3, District Project 5963, 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 6,300 feet of 6- through 15 -inch sanitary sewer by open -cut and pipe -burst methods in easements, public right -of -ways, and private streets in North Orinda. On July 5, 2007, the Board of Directors authorized the award of a contract for the construction of the project to Pacific Trenchless, Inc. The Notice to Proceed was issued on August 3, 2007. The work was substantially completed on January 15, 2008. 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. N: \PESUP \Cbradley \Position Papers \Husain \DP 5963 Accept Contra ct- NOC.doc Page 1 of 2 POSITION PAPER Board Meeting Date: February 7, 2008 Subject: ACCEPT THE CONTRACT WORK FOR THE NORTH ORINDA SEWER RENOVATIONS, PHASE 3, DISTRICT PROJECT 5963, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION The total authorized budget for the project is $1,442,000. 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 3, District Project 5963, and authorize filing of the Notice of Completion. N:\PESUP\Cbradley \Position Pape rs \Husain \DP 5963 Accept Contract- NOC.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 7, 2008 No.: 3.4 • Consent Calendar Type of Action: APPROVE A LICENSE AGREEMENT FOR USE OF DISTRICT PROPERTY subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A LICENSE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF FISH AND GAME FOR USE OF DISTRICT PROPERTY Submitted By: James M. Warrington Initiating Dept ✓Div.: REVIEWED AND RECOMMENDED FOR BOARD ACTION: Iry J. Warrington Wsgraves K. Alm James ISSUE: The Real Estate Committee has reviewed the license agreement and recommends that the Board authorize the General Manager to execute the license agreement. RECOMMENDATION: Authorize the General Manager to execute a license agreement with the Department of Fish and Game to use District property located at the Martinez Pumping Station. FINANCIAL IMPACTS: Negligible. The license revenue would be $1.00. ALTERNATIVES /CONSIDERATIONS: The alternative to this action is for the Board of Directors to decline to authorize the General Manager to execute the license agreement. BACKGROUND: On December 26, 2007, the attached request from the Department of Fish and Game (DFG) was received asking to use the southwest corner of the Martinez Pump Station for equipment and supply storage. DFG plans to place a non - permanent 24 -foot by 30 -foot steel storage shed on the site. An aerial photograph showing the approximate location of the shed is attached. The five -year term license agreement would benefit the public and the District by bringing a law enforcement presence to the site on a regular basis. On January 30, 2008, the Real Estate Committee reviewed the license agreement and requested that it be brought to the Board at the earliest possible time for approval. As a license agreement, it is not required by law that the Board declare the property to be surplus nor that the Board itself approve the license agreement. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a license agreement with the Department of Fish and Game to use District property located at the Martinez Pumping Station. STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD CHWARZENEG ER Governor DEPARTMENT OF FISH AND GAME BAYDELTA REGION (707)944 -5500 Mailing address: POST OFFICE BOX 47 YOUNTVILLE, CALIFORNIA 94599 Street address: 7329 SILVERADO TRAIL NAPA CALIFORNIA 94558 December 18, 2007 Mr. Jim Warrington Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 -4392 Dear Mr. Warrington, Per our recent conversations I am sending this letter making an official request, on behalf of the Department of Fish and Game, Enforcement Branch, for use of the Sanitary District property in Martinez, Contra Costa County. Specifically, we are interested in using the southwest corner of the Martinez pumping plant located at 292 Embarcadero in Martinez. Currently the area requested is a level graveled area under eucalyptus trees. We would like to place a non - permanent 24' X 30' steel storage shed to house the Departments' enforcement boat, all terrain vehicle, and other miscellaneous equipment and evidence. If this site is not available we would entertain other properties you may suggest in the Martinez area. Access to the site and shed would be limited to Fish and Game enforcement personnel only. This includes 5 wardens and one supervisor. Wardens are sworn California Peace Officers and would be added security for your property. The Department agrees to release and discharge the Central Contra Costa Sanitary District and its officers or employees from any and all liabilities, claims, demands or causes of action the Department may have for any damage to Department property arising out of the Department's use of the Sanitary District's property as requested in this letter. Please let me know if you have any questions or concerns. 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Diablo Valley College (DVC) and St. Mary's College experienced discharge limit violations for mercury during 2007 that meet the criteria of SNC. Because of this, Federal Regulations require the attached notice be published in the Contra Costa Times in February. Laboratory facilities at DVC and St. Mary's have been permitted since 2004. However, the mercury discharge limit was reduced effective September 1, 2007. After DVC and St. Mary's had a high initial mercury sample, the District's Source Control Section worked with DVC and St. Mary's in an attempt help them come into compliance. Source Control ensured they: • Were aware their violation that might subject them to the SNC criteria, • Understood options they could pursue to not be in SNC, and • Were notified of the process for reporting and publishing the SNC status that are required in the federal regulations. DVC and St. Mary's had discharge limit violations during the last calendar quarter of 2007. Source Control met with the Dean and Staff at DVC and explained how they might avoid the newspaper reporting if they resampled and returned to compliance. DVC appreciated the opportunity and communications from the District. The DVC buildings and grounds staff cleaned out the P -traps in the lab sinks and DVC staff stated no more mercury- related experiments were performed there before resampling. St. Mary's staff cleaned the solids out of the sampling manhole and initiated research into potential copper and mercury sources after being notified of the initial violations and before resampling. Additional sampling events were conducted at both facilities in an attempt to be compliance. St. Mary's successfully demonstrated compliance for the copper limit. However, neither facility complied with the mercury limit, so as required by Federal Regulation, the violation must be published. N: \ENVRSRV\Source Control \Board \SNC\2007SNCmemo.doc Source Control staff continue working with representatives from both facilities to identify potential sources of mercury that can reach the sanitary sewer system from their chemistry labs. Our goal is to help them implement appropriate mercury control measures (e.g. cleaning lab sink drain P- traps, servicing neutralization tank) and avoid future discharges of mercury to the sanitary sewer (e.g. eliminate or control experiments that use mercury) so they can be in compliance. Source Control staff continue to employ a collaborative approach with both facilities in order to resolve this source of mercury to the District's system. St. Mary's has cleaned out the P -traps in their lab sinks, and DVC has scheduled a cleaning of their neutralization tank. Sampling to document a return to compliance will be conducted in February 2008 when the laboratories start operations after the winter break. N: \ENVRSRV\Source Control \Board \SNC\2007SNCmemo.doc PUBLIC NOTICE 6.0. :k) CENTRAL CONTRA COSTA SANITARY DISTRICT NOTICE OF SIGNIFICANT NONCOMPLIANCE FOR 2007 Notice is hereby given that pursuant to the federal regulations contained in 40 CFR 403.8.f(2)(vii), the Central Contra Costa Sanitary District (District) is required to publish the names of all Industrial Users (IU) of the District's public sewer system that were considered to be in significant noncompliance (SNC) with applicable pretreatment standards or other pretreatment requirements during the 2007 calendar year. Federal regulations establish objective criteria for the District to use to determine if an IU is in SNC. Discharge Quality Violations The following IUs were found to be discharging process wastewater in violation of the District's Local Discharge Limits in a manner that met the definition of SNC: Industrial User Nature of Violation Diablo Valley College Limit violations for mercury from 321 Golf Club Road, the discharge from the Pleasant Hill, CA laboratory buildings. The mercury Local Discharge Limit (LDL) was significantly reduced effective 9/1/07. St. Mary's College Limit violations for mercury from 1928 St. Mary's Road the discharge from the Moraga, CA laboratory buildings. The mercury LDL was significantly reduced effective 9/1/07. Follow -up Action Taken The District issued Notice of Violations (NOV) for the violations. The IU investigated potential sources of mercury within the laboratory operations and cleaned the P -traps on the lab sinks. Experiments involving mercury were performed in the labs prior to the initial limit violation being recorded. Resampling was attempted but both samples exceeded the mercury LDL. Maintenance on the neutralization pit is scheduled and resampling to demonstrate that the IU has returned to compliance will occur in February 2008 since the labs were closed due to winter break. The District issued NOVs for the violations. The IU investigated potential sources of mercury within the laboratory operations and cleaned the P -traps on the lab sinks. Experiments involving mercury were performed in the labs prior to the initial limit violation being recorded. Resampling was attempted but one sample exceeded the mercury LDL. Resampling to demonstrate that the IU has returned to compliance will occur in February 2008 since the labs were closed due to winter break. Reporting Violations No IUs were found to have violated reporting requirements of the District's Source Control Program in a manner that met the definition of SNC. Agenda Item 5.a.2) Significant Non - Compliance (SNC) Report for 2007 Presented by: Tim Potter 2/7/08 Mercury as a Pollutant of Concern for CCCSD • Mercury discharges in the District's effluent is subject to very stringent standards • CCCSD implementing many programs and projects to control mercury sources o Dental amalgam separator program o High School lab pollution prevention audits o Mercury control from scrubber water o Reduction of mercury Local Discharge Limit in 2007 o HHW Collection Facility services o Thermometer exchange program • College level chemistry laboratories using mercury need to establish effective practices to control mercury discharges to sanitary sewer. They have been under permit for 4 years Agenda Item 5.a.2) Significant Non - Compliance (SNC) Report for 2007 Presented by: Tim Potter 2/7/08 Communications Prior to SNC Status • Citation issued to DVC and St. Mary's for initial violations identified they might be published as being in SNC. This started a dialogue between the inspector and the colleges on SNC and how to come into compliance • Source Control inspectors had follow -up discussions with DVC and St. Mary's on -site and by phone conversations on SNC criteria, publication process and follow -up options • Letter sent to DVC and St. Mary's identifying potential SNC status, publication process and follow -up options • Source Control inspectors reviewed with DVC and St. Mary's options to research potential mercury sources and to control potential mercury sources discharged to sewer. Both tried to reduce mercury in their discharge • Additional resampling conducted by DVC and St. Mary's; St. Mary's successfully documented a return to compliance for initial copper violation to not be in SNC for copper. Both failed to return to compliance for mercury Agenda Item 5.a.2) Significant Non - Compliance (SNC) Report for 2007 Presented by: Tim Potter 2/7/08 Status • Citations issued to DVC and St. Mary's for mercury violations documented by resampling • Source Control inspectors continued to have discussions with DVC and St. Mary's on SNC status and publication process; encouraged internal discussions within their campuses to notify public relations staff • Letter sent to DVC and St. Mary's identifying SNC status, report to Board, and publication process • Source Control inspectors continued to assist DVC and St. Mary's with research into potential mercury sources and mercury control options • Source Control inspectors are working with DVC and St. Mary's to schedule resampling in February after winter session starts, and to offer further assistance in identifying and controlling sources of mercury. Item 5.a.3,. Ayers Road Annexation in Concord Curtis Swanson February 7, 2008 Background • Contra Costa Time articles. • Bruce & Jo Ann Walton live in the Ayers Road area in unincorporated Concord. • Have a failing septic tank. • Want to connect to Concord sewer. • Need LAFCO approval. 1 LAFCO Process • Concord requested LAFCO approval to provide sewer service beyond city limits. • LAFCO approved Out of Area Service Agreement in October 2007. • Approval requires the Walton's to submit annexation application. • Sewer service to other unincorporated properties needs LAFCO approval. Annexation Application • Concord working on future annexation of Ayers Road area. • The Walton's applied for annexation. • CC Times article cited incorrect LAFCO fee of $24,715 for Walton annexation. • Correct LAFCO fee is $4215. • Lessons for CCCSD in Alhambra Valley. 2 LAFCO 07 -20: City of Concord Out of Area Service Agreement: 5137 Laurel Drive ■ ..w ..w. 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Gour•Y of GMr. Gab dachrm.r of xabMY nr ywghppk Mornatnn ,5-. c," L/) HOB &POD UPGRADES > HVAC Project Completed ADA Project Exterior March -Sept Interior May -June > HOB Upgrades Feb -June > POD Upgrades June > HOB Exterior Unscheduled > Parking Lots / Slurry June -July > District Pond Fencing July -Aug > Main Gate Replacement May -June HOB & POD UPGRADES > ADA Project / Exterior HOB Visitor Parking HOB Front Entrance Laboratory Parking HHW Facility Parking Access to District Park 1 HOB & POD UPGRADES ADA Project / Interior Permit Counter Receptionist Counter First Floor Restroom First Floor Conference Room First Floor Drinking Fountain Third Floor Conference Room POD Drinking Fountain HOB & POD UPGRADES > HOB & POD Upgrades Board Room Feb -Mar Lobby May -June HOB Offices Apr -June POD Offices June Partitions Next Five Furniture Years 2 Item 5.a.5 CCCSD Staff Attendance at CCCSWA Meetings Curtis Swanson February 7, 2008 Purpose • CCCSD & CCSWA has common interests and service area (Alamo, Blackhawk, Danville, Diablo, Lafayette, Moraga, Orinda & Walnut Creek). • Authority meetings are a way to keep informed about CCCSWA programs and activities. • Fosters better communication between agencies. • CCCSD staff able to answer questions about HHW & other programs. Status • Staff has attended 3 meetings to date. • Presented annual and 10 -year statistics about our HHWCF operation. • Welcomed by Authority Directors and staff. 2 Agenda Item 5. a. 6) Board Meeting of February 7, 2008 Announcements: a) Walnut Creek Will Not Host Household Hazardous Waste Event On October 4, 2007, the Board approved a plan to conduct three mobile Household Hazardous Waste (HHW) collection events a year for interested communities in the HHW Program service area. Letters were sent to City and Solid Waste Managers in eleven jurisdictions to gather interest. On January 18, 2008, staff received a reply from the City of Walnut Creek stating that due to the high use of the HHW facility by their residents and the cost of the mobile events, they would not host an event at this time. Currently, the City of San Ramon is the only community that has requested a mobile collection event. b) Northern California Pipe Users Group 16th Annual Sharing Technologies Seminar On February 21, 2008, the Northern California Pipe User's Group (PUG) will be holding its Sixteenth Annual Sharing Technologies Seminar at Hs Lordships Restaurant in Berkeley. A report authored by Associate Engineer Paul Seitz entitled "Tunneling to Save Power Costs" and a report authored by Senior Engineer Ba Than, Associate Engineer Michael Penny, and Assistant Engineer Raffi Moughamian entitled "The Epoxy at the End of the Tunnel" will be presented. As requested by the Board, copies of both papers are included with this announcement. Capital Projects Division Manager Tad Pilecki will be presenting the Key Note Address in conjunction with Art Hamid of MWH American, Inc. The topic of their presentation is "Innovative Changes in Sewer Systems Over Three Decades ". c) TRICO Pipe Investigating Contractor on District Project 7234, Pipe Renovation and Replacement (Phase 3) On Wednesday, January 23, 2008, staff received an email with a list of concerns submitted by TRICO Pipe, a local Labor - Management Corporation Committee. TRICO representatives indicated that they might be contacting District Board Members with their concerns. Staff is providing the following for the Board's information. TRICO is investigating NCCI, Inc., the contractor for the construction of DP 7234, for compliance with State and Federal labor and contracting laws. TRICO's concerns included un- redacted certified payrolls for NCCI and their subcontractors, timing of the certified payroll delivery, Notices and Statements of Non - Performance, and submittal of apprenticeship and payment forms. Staff worked with the District Counsel to prepare responses to TRICO. The response letter was sent out on Friday, January 25, 2008, and a copy is attached. Staff and District Council are available to answer questions. d) Notices of Violation for Excessive Emissions on Auxiliary Boilers At the Board of Directors meeting on December 6, 2007, staff announced that the Bay Area Air Quality Management District ( BAAQMD) results for the September 18 and 19, 2007, source test on the District's auxiliary boilers exceeded the limit for oxides of nitrogen (NO,,) while firing on natural gas. The boilers were adjusted and retested on November 8, 2008, and both boilers were in compliance with the permit requirements. BAAQMD evaluated the results of the test, and on January 28, 2008, issued a Notice of Violation for each auxiliary boiler for excess NOX emissions. BAAQMD could issue a fine after further evaluation of the test results. e) Staff Attendance at Pittcon 2008 Conference in Louisiana Laboratory Superintendent Bhupinder Dhaliwal will be attending the 591h Annual Pittsburgh Conference and Exposition on Analytical Chemistry and Applied Spectroscopy (Pittcon), which will be held from March 2, 2008, through March 7, 2008, in New Orleans, Louisiana. This annual conference brings together scientific and laboratory professionals to share the latest information about analytical chemistry and instrumentation. Attendance at this conference will provide Bhupinder and the District the latest developments in environmental laboratory services and regulations. This conference cost is included in the Plant Operations Division's budget. Agenda Item S. a. 6) Board Meeting of February 7. 2008 Additional Announcements (Not included in Board packet): f) The District Sponsors the Delta Discovery Program The District is one of the sponsors of the Delta Discovery Program, the marine lab experience for fifth graders in Contra Costa County. The program takes place aboard the Brownlee, a marine research vessel. The ship travels out of Antioch into the Delta during January and February. To thank its sponsors, the Marine Science Institute has extended an invitation for a two -hour trip on the Delta on Saturday, February 23, 2008 from 2 p.m. to 4 p.m. Space is limited. If any of you are interested in taking the trip, please contact me at your earliest convenience. g) A -Line Relief Interceptor Project (Phase 2A) to Begin in March Major construction activity on the A -Line Relief Interceptor Project (Phase 2A) is expected to begin in mid - March. Construction activities will have the greatest impact to the Buchannan Golf Course, the Crowne Plaza Hotel and the Home Depot. As part of the public outreach for the other businesses within the affected area, an informational meeting will be held at the Crowne Plaza on Tuesday, February 26, 2008 from 1:00 p.m. to 2:00 p.m. At this meeting, staff will provide information on the construction scope, anticipated traffic impacts, and expected duration of the project, as well as answer questions. h) District to Participate in 2008 Asset Management Process The District will be participating in the 2008 Asset Management Process Benchmarking Project that is facilitated by the International Water Association and Water Services Association of Australia (IWA). Associate Engineer Dana Lawson and Assistant Engineer Nathaniel Morales will attend the Orientation and Training Workshop in Seattle from March 11, 2008 through Agenda Item S. a. 6) March 14, 2008. The information gained at this meeting and through the Benchmarking Project will be of direct benefit to the Treatment Plant Asset Management Plan project that has recently been initiated. Forty -four agencies will participate from the U.S.A, Canada, Sultanate of Oman, United Arab Emirates, China, Australia, and New Zealand. The overall objective of this year -long project is to improve the standard of Asset Management performance within the water industry, principally through the identification and promotion of "best practices ". Each participating agency will use a software tool to assess their process performance, strengths and weaknesses in asset management, provide a comparison to industry peers, and to identify specific areas for process improvement. The expense will be paid by the Treatment Plant Asset Management Plan project. L- +e.,,n 5} a • 6) 6) The Northern California Pipe User's Group 16th Annual Sharing Technologies Seminar Berkeley, CA February 21, 2008 THE EPDXY AT THE END OF THE TUNNEL Raffi J. Moughamian', Michael J. Penny', Ba T. Than', Mike Oriole and Manuel Najar2 ' Central Contra Costa Sanitary District, Martinez, CA 2 V &A Consulting Engineering, Inc., Oakland, CA ABSTRACT In 1993, Central Contra Costa Sanitary District ( CCCSD) completed construction on a 102 -inch interceptor to convey wastewater flows into a new headworks facility that was being constructed concurrently. Two cast -in -place concrete box culverts (6 -feet x 7.5 -feet and 8.5 -feet x 4.5 -feet) were installed under Grayson Creek as part of the interceptor construction. A PVC liner was also installed to protect the culverts' interior surfaces from hydrogen sulfide corrosion. An Internal Condition Assessment in 2004 revealed that the PVC liner glued to the bottom of the culverts had partially failed. These culverts are critical to the CCCSD infrastructure as they convey a large portion of the flows to the treatment plant. The treatment plant also utilizes the culverts and upstream 102 -inch sewer for peak flow shaving. The rehabilitation of these culverts involved removing 200 cubic yards of sediment and the existing failed liner, bypassing 10 MGD of wastewater utilizing slide gates and flow- through plugs, surface preparation, and the application of a 100 - percent solids spray applied epoxy liner. Bulkheads were installed at the downstream end of each pipe to prevent water from the headworks backing up into the work area. This paper discusses the challenges encountered and the lessons learned. 1. INTRODUCTION CCCSD is a special District that collects and treats wastewater from eleven jurisdictions with a service population of 449,000 residents and 3,000 businesses. The District maintains approximately 1,500 miles of pipe in the ground ranging in size from 6- inches to 102 - inches in diameter. An average wastewater flow of 41 MGD was treated in 2007, but during wet weather events the treatment plant has seen flow rates well above 200 MGD. In 1993, CCCSD constructed a 102 -inch interceptor which today conveys a majority of the collection system's wet weather flows to the treatment plant. As part of this project, two cast -in -place concrete box culverts (6 -feet x 7.5 -feet and 8.5 -feet x 4.5 -feet in size) were also installed. These two box culverts are each 575 -feet long, cross under Grayson Creek and tie directly into the treatment plant's headworks structure. A PVC liner was installed on all four sides of the culvert to protect the concrete from hydrogen Paper ### - 1 sulfide corrosion. The top and side sheets were cast into the concrete surface with T -Lock studs. The PVC liner on the floor was glued and nailed after the concrete set. In early 2000, treatment plant staff started observing that large sections of PVC liner were entering the headworks and damaging the treatment plant's grinders and bar screens. This prompted CCCSD to conduct a condition assessment in 2004 of the entire Pleasant Hill A -Line Relief Interceptor system. During the condition assessment it was discovered that the PVC liner on the floor of the culverts had become detached and was in need of replacement. Additionally, sections of PVC joint strips on the walls and ceiling were found to be missing. 2. DESIGN CCCSD hired V &A Consulting Engineers, Inc. (V &A) to assist with the evaluation of repair methods and to prepare the design of the rehabilitation project. The design of the box culvert repair began in February 2007, and the contract documents were advertised in late May 2007. 2.1 Design Options Three different rehabilitation options were evaluated to repair the failed floor liner: 1) Spiral wound PVC liner 2) PVC lining of the concrete 3) Spray - applied protective coating Spiral wound PVC is a fairly new technology and works well with oddly shaped pipes. It can be applied in live flow situations but would reduce the flow area of the original pipe and is relatively expensive. There would be about a 15- percent reduction in area, which would result in a 20- percent reduction in flow capacity. The application of a new PVC lining system on the concrete floor is very similar to the original installation, but instead of using just glue and nails, stronger anchoring bolts would be used. The spray - applied protective coating can be applied as a continuous film with no joints and there would be a negligible loss in flow capacity. These spray coatings require stringent surface preparation and application procedures. Table 1: The pros and cons for each rehabilitation option Rehabilitation Option Pros Cons Spiral Wound PVC Liner ' Works well in oddly shaped pipes • Reduces pipe capacity • Installed in live flow 0 Expensive • Applied in a continuous film with 0 Requires strict surface Spray Applied Protective no joint or seam preparation and application Coating procedures • Negligible loss in flow capacity • Flows have to be bypassed • Negligible loss in flow capacity • Joints and seams may degrade • Adhesion of PVC liner is PVC Lining of Concrete questionable • Previous application wasn't successful • Flows have to be bypassed Paper ### - 2 After analyzing the pros and cons (see Table 1), CCCSD and V&A selected the use of two spray- applied protective coatings; Raven 405, an epoxy based coating, or Sancon 100, a polyurethane coating system, each with a minimum thickness of 125 mils. The specifications also allowed the use of an approved equal. 2.2 Bypassing Operations A major component of the surface preparation was keeping the culverts dry after the sediment and PVC liner had been removed. The Contractor needed to ensure that water from the headworks would not back up into the culverts. It was specified that the Contractor install bulkheads at the downstream end of each culvert. In addition, the treatment plant influent pumps were used to lower the water level in the headworks during construction. Maintaining lower water levels strained the influent pumps because the potential for cavitation existed and this was not an efficient operating point. The Contractor also was responsible for diverting the sewage flow from a 42 -inch sewer that entered the structure at the upstream end of the culverts. CCCSD Collection System crews installed a slide gate in a structure upstream to divert 10 MGD to another interceptor. Installing the slide gate during the dry summer months is not a problem, however once a few wet weather events hit the system the slide gate would have to be removed to prevent overflows. This project was very time sensitive because if any wet weather event occurred there was a strong possibility that the slide gate would have to be removed and sewage would flood the culverts. 2.3 Culvert Cleaning The cleaning of the culverts needed to be addressed in the design documents because there was upwards of twelve inches of sediment built up. The treatment plant uses these culverts and the 102 -inch interceptor to peak shave influent flows. This operational mode has caused a significant amount of sediment to build up on the bottom floor. It was estimated that there were 100 cubic yards of sediment in each culvert. Since this project was so close to the treatment plant facility, CCCSD gave the Contractor the option of flushing the sediment from the culvert and into the headworks at a rate of 30 cubic yards per day. Ideally, it would take the Contractor at least four days to clean each culvert. Alternatively, the Contractor could have used a vactor truck or a closed loop dewatering system and hauled the sediment off -site. No specific option was specified in the design documents. The Contractor chose to flush the sediment to the treatment plant at the controlled rate. 2.4 Surface Preparation A surface preparation method was detailed in the specifications in accordance with the manufacturer's recommendations. The Contractor was required to pressure wash, sandblast, sufficiently dry the structure and apply mortar patches as needed. Moisture and pH tests of the concrete were required prior to application of the spray on liner. The spray coating would also be applied 6- inches up the PVC side walls and the Contractor was required to prepare the PVC surface by sanding and applying a primer. 2.5 Liner Application The specifications allowed for the liner to be spray - applied in one continuous process to a minimum thickness of 125 mils. The Contractor was required to use a wet film gauge and measure the volume of material used to ensure the correct thickness was applied. Other considerations included maintaining the epoxy at 120° F during the application process, insuring that the epoxy was applied at the current rate, and that cross - hatching application process was required to insure complete coverage. 2.6 Liner Testing To assure proper installation, the specifications required the coatings to be pull tested, spark tested, and visually inspected. Pull tests were conducted for every Paper ### - 3 1,000 square feet of coating and had to achieve a pull strength of 200 psi or concrete failure. Visual and spot testing occurred once the epoxy had thoroughly dried. 3. CONSTRUCTION Construction of this project began at the beginning of August 2007, and was scheduled to finish October 1, 2007. The contractor planned to work on one culvert at a time. The construction activity got off to a slow start due to manpower issues and slower- than - anticipated sediment removal progress due to the density of the material. The Contractor was not able to just flush the sediment downstream; it had to be physically pushed. Once the sediment removal was completed, things started to pick up and it looked like the contractor would be able to complete the project on schedule. Because the existing PVC liner had delaminated in several areas, the Contractor promptly removed the liner. Upon installation of the bulkheads /dams, the cleaning, drying and surface preparation started. However, at this point, two major setbacks occurred that significantly delayed progress, pushing completion of the project closer to the wet weather season. Picture 1: Influent Diversion Structure. Picture 2: The sandblasted concrete surface. The first issue was with the spray coating application process. The Raven 405 material started clogging the sprayer after the application of 1,600 square feet. The Contractor contacted their head field technician and Raven Lining Products (Raven) for technical support. The system was flushed out with a solvent (MEK) but fibrous chunks of material were still present in the lines. A diagnostic check was performed on the heat jacket around the hose to ensure that the material maintained the proper temperature (120° F) and the heat jacket was working properly. However, none of their recommendations solved the problem. Eight days after the sprayer first started plugging, a Raven technician and the Contractor's head field technician arrived on the job site to work on the problem. The Raven technician also brought new material (different batch) and another spray rig. The Contractor's system was then flushed with a more aggressive solvent (toluene) and the new material was used. This appeared to fix the issues with the spray rig. The cause of the problem was never definitively determined. It could have been cross contamination because the contractor used the same spray rig with other coating materials such as urethanes. Another possibility was that the spray hose length (over 300 feet), could have caused a significant pressure drop resulting in insufficient pressure at the spray nozzle. Finally, the actual material from Raven could have been a bad batch. The clogging of the sprayer set the project back two and a half weeks. Paper ### - 4 Picture 3: The fibrous material clogging up the spray rig. Picture 4: The bulkhead which prevents plant flow from entering the structure. The second setback occurred after the coating of the first culvert was complete and pull tests were performed on the coating. Four of five of the tests passed the 200 -psi required in the specifications. However, during the spark and visual test there appeared to be an excessive number of pinholes identified. Additionally, thousands of bubbles /blisters were identified. Approximately 1,100 defects were identified (approximately one pinhole for every four square feet). Raven and the Contractor stated that this was not an excessive amount of pinholes and proceeded to spot- repair each defect. The spot repair method used involved sanding the area of the defect, cleaning the area with a solvent, and then applying new Raven 405 material. After the Contractor repaired each defect he then re- spark- tested the entire coating. There were about 900 additional defects identified by the second spark test. Most of these were defects not previously identified. Again, these were addressed by using the spot repair method. The liner was visually inspected and spark- tested again. Approximately 300 additional defects were identified. It was estimated that there were over 2,300 total identified defects in the coating, which is approximately one defect per two square feet. CCCSD and V&A decided that this was too many defects and would not accept a coating with that many repairs. After negotiating with the Contractor, it was decided that the existing coating would be sweep - blasted and an addition 50 mils of Raven 405 would be applied in two coats of 25 mils each. This solution worked very well. When this coating was both visually inspected and spark- tested, only a handful of defects were detected. CCCSD was also concerned that the patch repair method used may not form a sufficient bond between the original liner and the patch. Prior to the application of the additional 50 mils, five pull tests were conducted on the patches. In all five of the pull tests the liner pulled away from the concrete. In no case did the patch pull away from the original liner, indicating that the patch repair method was effective. Since the original coating procedure did not work, a new coating procedure had to be developed for the second culvert. It was agreed that a test section 20 -feet in length would be used to test two different primers and an unprimed section as a reference point. 125 mils of Raven 405 would be applied over the test section. The primers, both manufactured by Raven, were a water based primer and an epoxy based primer. The water based primer had a recoat window of 28 days, while the epoxy primer's recoat window was 24 hours. Visual inspection and spark testing of the test section showed no defects in the epoxy based primer area, 6 in the water based primer area, and 12 in the non - primed area. CCCSD determined that the only acceptable primer was the epoxy -based primer. To facilitate the completion of the project, CCCSD agreed to pay for the primer material. When the rest of the culvert was lined with the epoxy primer and Raven 405, only twelve spark test defects and fifty visual defects were found. Paper ### - 5 Picture 5: Identified coating defects. Picture 6: The spot repairs that occurred on the coating surface. Picture 7: The epoxy primer on the concrete surface. 4. CONCLUSIONS /RECOMMENDATIONS Picture 8: The final coated concrete surface. The pinholes in the epoxy lines were apparently caused by off - gassing of water /air in the concrete. The epoxy is sprayed on at about 120° F, and the temperature increases an additional 30° F from an exothermic reaction. Many bubbles were formed during the spray operation. Not all of them broke the surface to cause pinholes. The vast majority formed blisters. Many of the blisters were able to pass a spark test, but apparently broke due to foot traffic during testing, inspection and repair operations. To seal the concrete and prevent the formation of blisters and pinholes, CCCSD will require the use of an epoxy -based primer in future specifications. Additionally, future specifications will require liners to be applied in two or more coats. The repair method used on the pinholes produces a bond between the liner and patch product that is stronger than the bond between the concrete and liner. This is an acceptable patch method and will be included in future specifications. However, if the number of spot repairs becomes excessive, a re -coat must be considered. In the end, the construction project was completed in accordance with the Contract Documents and CCCSD was satisfied with the final product. CCCSD and the Contractor gained an incredible amount of knowledge from these setbacks. Paper ### - 6 The Northern California Pipe User's Group 16th Annual Sharing Technologies Seminar TUNNELING TO SAVE POWER COSTS Berkeley, CA February 21, 2008 Tim Tekippe', Thom Kalkman', Dave Bennett2, Paul Seitz3, and Bruce Good ' Carollo Engineers, Walnut Creek, CA 2 Bennett Trenchless Engineers, Folsom, CA 3 Central Contra Costa Sanitary District, Martinez, CA 4 City of Concord, CA ABSTRACT: Central Contra Costa Sanitary District and the City of Concord teamed with Carollo Engineers and Bennett Trenchless Engineers to design and manage the construction of a new interceptor pipeline that will eliminate the need for one of the largest pump stations in the county. The project includes tunneling of 96 -inch and 72 -inch diameter sewer pipes through a busy urban environment at depths ranging to more than 30 feet. Total pipeline length of the new interceptors and connecting piping is approximately 5,500 feet. Specific challenges include tunneling through crowded public right -of -ways as well as through easements acquired from multiple owners in varying soil conditions, to meet tight hydraulic grade restrictions. Shallow earth cover above the 96 -inch diameter reach presented concerns regarding settlements above the pipe, and led to implementation of a settlement instrumentation and monitoring plan. Groundwater levels above the pipe required the use of Earth - Pressure Balanced Machine (EPBM) Pipejacking methods in the 96- inch reach and microtunneling for the 72 -inch diameter reach. Shafts were sited to minimize traffic disruption along Meridian Park Boulevard and to minimize disruption to users of the Buchanan Golf Course and Iron Horse Trail bicycle path. The 1,700 -ft long 96 -inch pipejacking drive presented concerns with high jacking forces. The 72 -inch reach also presented settlement and work area challenges as it traversed a narrow easement adjacent to retail and commercial developments. In addition to the challenges presented by tunneling, a new segment of open -cut sewer pipe was also designed, including a segment across live stream flow within the banks of Walnut Creek, which required permits and agreements with multiple regulatory agencies. Several new underground structures are included with the project, including a flow metering structure and junction structures along the length of the pipe, each with unique challenges. The project is currently beginning construction, so this paper will summarize the significant challenges addressed by the engineering team during design and will also discuss the work plans for the current multi- faceted interceptor construction project. INTRODUCTION In the late 1970s, the City of Concord de- commissioned its wastewater treatment facility and constructed a wastewater pump station to pump from the low -point in the City's collection system, approximately 1/2 mile to an interceptor owned and maintained by Central Contra Costa Sanitary District ( CCCSD). The pump station was the culmination of efforts by the City and CCCSD to regionalize wastewater treatment in this portion of the county at CCCSD's regional treatment facility in Martinez. The Concord Pumping Station currently pumps an average dry weather flow of 10.6 mgd and a peak wet weather flow of 48 mgd. In the mid 1990s, CCCSD constructed a new, deeper 102 -inch interceptor as a portion of improvements to the greater CCCSD collection system. The 102 -inch interceptor was designed to be large enough to incorporate gravity flow from the City of Concord at a point approximately 1 mile from the existing pump station. The current project includes connecting the City of Concord's gravity flow collection system to the CCCSD 102 -inch interceptor, by installing a new large- diameter interceptor sewer from the pump station site to the CCCSD interceptor. The new pipe will eliminate the need to pump the City's flow through the existing pump station, force main and smaller CCCSD interceptor, thereby saving significant pumping costs. Figure 1 - The need for the Concord Pumping Station, built in the mid- 1970s, will be eliminated by the new relief interceptor. By discontinuing use of the Concord Pumping Station, the City will save approximately $300,000 in annual pumping power costs, plus significant future costs to rehabilitate and maintatin the station. Additionally, the new interceptor will significantly increase the reliability of the City's collection system. Reliability is improved by eliminating the need to operate and service the pumps and control systems at the station and by adding redundancy to the downstream piping system. The current arrangement includes the pump station and a single force main crossing the deep flood control channel, Walnut Creek. The station and force main have been in continuous operation for more than 30 years. Because there is no redundancy for the force main, it has never been taken out of service for maintenance or inspection. The new gravity -flow system under Walnut Creek includes two 48 -inch diameter pipes. The new parallel lines will enable the City to divert flow to a single line during the dry weather season, to allow inspection and maintenance. 2 2. ALIGNMENT AND CONSTRUCTION METHOD SELECTION Several alternatives and sub - alternatives were considered for the alignment of the new gravity interceptor. However, the invert elevations of the pipe were fixed at both ends: The upstream elevation was fixed by the existing low point in the City of Concord's sewer system; the downstream end was fixed by CCCSD's 102 -inch interceptor, which had a connection box already constructed and ready for the new 96 -inch line. The restrictive vertical connection points meant that the new sewer would be very deep in some locations - up to 32 feet deep to the pipe invert at the lowest point. Conversely, the alignment was relatively shallow along the congested Meridian Park Blvd reach, a section that required a trenchless solution to minimize traffic disruption. The alignment was also extremely shallow where it crossed Walnut Creek, which required use of twin 48 -inch diameter pipelines, with concrete encasement, to provide sufficient earth cover to resist erosion and scour. 35 r 30 A 25 20 i 15 I w � s S W 10 5 0 Flu -5 L -500 35 30 25 20 ""A 15 2- 54" eager 10 Lcei Grade 5 awed ads 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 433 5,000 5,500 ; 6,000 Ea �__ Lsnyl�_ parMed far_ OlustraWe Purposes Figure 2 - Fixed end elevations restricted potential alignments of the new interceptor. 0 J -5 6,500 Alternatives for open -cut versus tunnelling were evaluated and compared, considering many factors such as soil type, groundwater elevations, utility interferences, settlement risks, availability of equipment and contractors, disruption during construction, and costs. Due primarily to the depth and magnitude of shoring required for open cut construction along the Galaxy Way reach of the 72 -inch pipeline, microtunneling was selected as the lowest cost and best method of construction. For the 96 -inch reach of the interceptor along Meridian Park Boulevard, disruption to traffic would have been unacceptable for open cut construction. Therefore, tunnelling alternatives for the 96 -inch pipeline were further evaluated. Due to the groundwater conditions along the alignment and projected availability of large- diameter tunnelling equipment, earth pressure balance machine (EPBM) pipejacking was selected as the best construction method. As mentioned, the upstream end of the line crossed a major flood control channel (Walnut Creek). Although trenchless methods for the Walnut Creek crossing section may have offered advantages in 3 terms of minimizing disruption to the stream channel and bicycle path, open -cut was selected as the best method to alleviate erosion and scour concerns. Engineered concrete encasement of the line could be installed using open -cut at the very low cover condition across the center, low -flow channel of the creek. After the decision to proceed with tunnelling was made for the lower sections of the line, sub - alternatives for locations of jacking and receiving pits were developed and compared. Consideration was given to the many existing utilities along the public right of ways between the pump station and the connection point. Consideration was also given to traffic impacts and property rights, with the primary goal of minimizing impacts to local businesses. Local businesses include a Home Depot, U.S. Post Office, Circuit City, DMV, hotels, several car dealers, Buchanan Field Golf Course and several small business and office buildings. Existing interceptor sewers, storm drains and fiber optic cables influenced selection of the pit locations and the alignment of the pipe. The size and weight of the new line is such that relatively large jacking pit staging areas are required to accommodate heavy cranes and pipejacking equipment, as well as for storage of pipe and materials used during EPBM and microtunneling operations. Because the long center portion of the line is through a busy commercial area, the jacking pits are located at the outside ends of the commercial district, and a smaller receiving pit will be constructed in the right of way within the commercial district (see Figure 3). This arrangement limits the size and complexity of construction on the busy City streets. The larger areas for the jacking pits are located at the ends of the commercial area, the upstream pit in an area between two parking lots near the Concord Home Depot Store, and the lower jacking pit next to the golf course parking lot. The lower jacking pit is also in proximity to a large hotel and the Buchanan Airfield. Figure 3 - Final alignment includes a stream crossing, tunnelling below city streets and through an operating golf complex. 4 3. BEING A GOOD NEIGHBOR In the early stages of design, the pipe was aligned within public right -of -ways and within easements already held for existing pipes. As alternatives were developed to allow space for the jacking pits and to minimize disruption to the street traffic, the alignment shifted, and new easements were negotiated where needed. A new easement agreement on the Home Depot property includes an agreement with specific conditions for construction and for the finished project. The new pipe will pass very close to the existing Home Depot building, and the team carefully estimated settlement potential and discussed the details of the work with the property owners, in order to get all parties to consent to the agreement. The contractor constructing the jacking pit on the Home Depot property will be careful to minimize disruption to the store and customers and to avoid damage to existing property. Careful video recordings document the pre- construction site conditions, and after the pipeline and structures are completed, all surface features will be restored to pre - project conditions. Tunneling of the upper end of the 72 -inch line will pass close to the store's foundation, but our settlement analysis predicted minimal settlement. As a precaution, settlements will be carefully monitored, and should not affect the building. On the other end of the new pipeline, the jacking pit will impact the parking lot and portions of the Buchanan Fields Golf Course. Communications with the golf course staff and with Contra Costa County (the course property owner) were conducted at an early stage, and construction activities will be coordinated to allow the course to stay in full operation during all phases of the work. The work in the golf course area will also be coordinated with the next -door airport, and FAA requirements for equipment height restrictions and flagging are included as contractors' responsibilities. An intermediate receiving pit will be located in the City streets at a busy intersection near the Home Depot and the post office. This work will require a long -term lane closure, deep excavation and shoring, and heavy construction activity at times. Provisions are required for detailed traffic control plans, and although the work will be somewhat disruptive, the relatively small jacking pit will be much less obtrusive than other alternatives to get the pipe through this busy area. 4. TUNNELING CHALLENGES As mentioned above, EPBM pipejacking was selected for the 96 -inch tunnel sections. Available technologies and soil conditions were reviewed, and it was determined that in order to avoid major disruption to the golf course and to the traffic and businesses along Meridian Park Boulevard, relatively long drive distances could be used to span the sensitive areas. For the bottom portion of the line, a drive of approximately 1,300 feet is specified from the golf course parking lot area, down to the CCCSD connection point. From this same jacking pit in the golf course parking lot area, the upstream drive is approximately 1,700 feet long, spanning under Meridian Park Boulevard, to the intersection of Galaxy Way. Although site and soil conditions allow these long drive distances, several requirements are included in the project plans and specifications to successfully accomplish the drives. The specifications require the careful calculation of jacking forces and the design of the jacking pipe with a safety factor to withstand the anticipated forces. Joints in the reinforced concrete pipe are specifically designed to handle the high forces and include steel bell rings and steel spigot rings that are welded to the inner cage of steel in the pipe wall. The steel ring joints have double gaskets that will be pressure tested, then the inside surface of the joint will be sealed with mortar and PVC joint strips, welded to the T -lock lining in the pipe. Continuous lubrication of the annular space between the outer pipe wall and wall of the tunnel are accomplished through ports in the pipe wall. These ports will also be used for lifting the sections of pipe and for grouting the annular space when the drive is completed. Intermediate jacking stations (IJS) are required along the length of the line, to limit the jacking force required at the jacking pit. These intermediate stations include hydraulic rams that are inserted between sections of pipe at the jacking station and driven with the pipe. They operate with an "earthworm" principle, to push the further ends of the pipe forward, and then the portions behind the intermediate jacking station are pushed either from another US or from the jacking pit. Preliminary plans for the 96 -inch pipe indicate that the length of drives will require five IJSs on the golf course drive and seven on the Meridian Park Boulevard drive. Figure 4 includes a photo of an example US. Figure 4 - Multiple intermediate jacking stations will be used to manage the jacking forces. The "overcut" or distance between the tunnel wall and the outside diameter of the pipe is required to be carefully controlled, and maximum and minimum overcuts are specified. Too small of an overcut will increase the friction and jacking forces, whereas too large of an overcut will increase the risk of unacceptable settlement. The required grade lines along Meridian Park Boulevard result in a depth of cover over the pipe that is less than ideal. Typically two to three pipe diameters of cover are preferred for EPBM pipejacking, but the grade elevations result in only about 1.7 pipe diameters cover in some locations, increasing the risk of settlement on the surface. Therefore, the maximum overcut allowed is limited in the specification to 1.0 inch of radial overcut, which will allow lubrication, but limit surface settlement. In addition to the requirements for construction methods described above, the specifications include requirements for frequent survey checks of the pipe alignment and of points above the tunneled section. The survey will monitor for settlement in the soil above the pipe and will also monitor the pipe location, so adjustments can be made during the pipejacking operation. Maximum allowable settlement is limited in the specifications, and extended monitoring is required until all ground movement ceases. In order to accommodate the large jacking forces at the jacking pit, the general contractor must design the pit with large thrust block sections opposite the side of the jacking operation. Initial estimates by the tunneling subcontractor indicate that forces as high as 1,200 tons will be required at the jacking pit, to successfully install the 96 -inch pipe. To construct this pit, different pit layouts are now being compared, including L- shaped, versus round or octagonal designs. Factors affecting this selection include total area of sheet piling required, volume of thrust block concrete required, and available space for the pit. Depending on the shape of pit selected, support for the driven sheet piles will be either welded structural steel or cast -in -place reinforced concrete. 2 5. STREAM CROSSING CHALLENGES As previously mentioned, the upper end of the new interceptor crosses Walnut Creek, a wide flood control channel with seasonal water levels. Due to permitting requirements and required restrictions for environmental compliance, tunneling was initially investigated for this reach. It was thought that tunneling would lessen the impacts to the riparian areas and simplify the permitting process. However, the fixed grades of the interceptor invert and the invert of the low flow channel of the creek result in a small clearance available from the top of the pipe to the existing creek invert. This clearance dimension resulted in the selection of two parallel 48 -inch lines across the creek, which will have less than four feet of cover. Scour protection of the new lines is needed, as the creek bottom is subject to high velocities during storm events. Using open cut methods, the risks of environmental damage in the streambed are better managed than they would be using trenchless methods, and the proper encasement of the line can be accomplished using conventional reinforced concrete. The concept of a siphon across the creek was also investigated. However, large fluctuations in flow through this line between the dry and wet weather seasons raised issues with velocities in the lines and ability to move heavy solids through the lower siphon section. Rather, the twin 48 -inch lines will be installed at a constant slope, so that solids settlement is not problematic. Isolation gates are designed on the upstream ends of the lines, to provide increased scouring velocity during dry weather and to allow for line maintenance. During design of the open cut portion across the creek bed, several challenges with permitting were addressed. Both the county flood control agency and the Army Corps of Engineers were involved in permitting from a flood - control perspective. California Department of Fish and Game required a streambed alteration agreement, and a narrow width of access to limit impacts to the stream and surrounding wetlands areas. A qualified biologist is required to survey the site prior to construction and to be involved in any necessary relocation of wildlife. The Regional Water Quality Control Board issued a Water Quality Certification, with requirements for maintaining stream flow and preventing water quality impacts. Since the Iron Horse bike trail runs along the western bank of the channel, an encroachment permit is required from the East Bay Regional Parks District to minimize effects to trail users. Coordination with these multiple agencies was an integral part of the design, and the project specifications include many restrictions and requirements that must be followed to accomplish the stream crossing. The contractor re- evaluated trenchless methods for the stream crossing, with the goal of value - engineering the project to save costs and time. However, due to the constraints listed above, trenchless methods, although possible, were estimated at higher cost than the designed open cut method. Therefore the current plans include open cutting this portion with a strategy for minimizing impacts to the area. Since the stream flow is continuous even during the dry weather season, the stream flow will be dammed upstream and diverted through a length of steel pipe, across the shored area. Sandbags will be used to construct the upstream and downstream dams, and the shoring for the pipeline installation will be installed around the diverting pipe. The area between the sheet piles will be dewatered to allow the pipe and bedding installation. Temporary grading will allow heavy equipment access into the narrow shored trench, and early submittal of the dewatering, shoring and excavation plans will allow regulatory review and concurrence with the planned construction methods. 6. STRUCTURES TIE THE WORK TOGETHER Several different utility structures are required along the interceptor to tie together the tunneling and open cut portions of the work. Basic manhole structures are located at the jacking pit locations, and more complex junction structures are located at the receiving pits. Near the decommissioned pump station, a new metering pit will allow metering of flow in the line for billing purposes between CCCSD and the City of Concord. Features and challenges associated with these structures are further described. At the jacking pits, simple main line manhole structures will be constructed. At locations with the same size pipe connected to both sides of the manhole, a cement -lined and coated steel fitting is used as the base of the manhole. This fitting is large enough to support a 60 -inch diameter manhole barrel, which is built on a concrete base slab, poured on the top of the fitting. This arrangement saves significant cost compared to an engineered cast -in -place concrete structure at the manhole base, but still allows access for inspection and cleaning. At the receiving pits and intersections of different size pipes, engineered concrete vaults are designed to accommodate the connections. These vaults will be cast -in -place after the pipe segments are installed and include features like channeled floors, T -lock lining, slide gates for line isolation, and connections for planned future interceptors. The upstream metering structure is an underground reinforced concrete vault with appropriate access stairs, lighting and ventilation. The meter is a 36 -inch diameter cast iron venturi meter, with a throat width of 24- inches. It is designed with dual -range pressure sensors so that accuracy is maintained through the wide range of dry and wet weather flows. At peak wet weather flows higher than 35 mgd, the system is designed to bypass flow above 35 mgd into a parallel 60 -inch line, routed around the meter section. The selection of the venturi metering device was based on accuracy through the flow range and based on the owners' success with similar large- throat venturi meters at other locations. The meter will use existing telemetry equipment at the Concord Pumping Station to transmit flow information to CCCSD's control center. To allow construction of the metering structure and connecting pipes, construction sequencing and tie -ins are critical at the upstream pump station location. The existing pump station is the City's only means of conveying wastewater for most of its population. The station and its forcemain are more than 30 years old and exact material conditions are unknown, because the station cannot be removed from service for inspection. Connection to the City's collection system is designed at a manhole immediately upstream and adjacent to the pump station, where flow from several different lines is collected. The contractor plans to demolish the top of this manhole during dry weather and install a short spool of temporary pipe across the manhole section to allow continuation of the main flow. The manhole will then be demolished around the temporary pipe, and the new connecting structure will be built around the temporary pipe. Smaller sewers connected to the existing manhole will be re- routed to the pump station until the new interceptor is completed and tested. After completion and testing, the temporary piping and plugs will be removed, and the main line to the pump station will be closed to direct flow to the new interceptor. E Mr. Aram Hodess TRICO Pipe 1398 Roman Way Martinez, CA 94553 Central Contra Costa San January 25, 2008 CERTIFIED MAIL NO. 7006 0810 0001 8548 5571 Dear Mr. Hodess: 11�e,,l S Q. 0C) District FAX: (925) 676-7211 JAAM.SM. KELLY General Alanaxer KLNIONL, ALM ( ban.sel for the 1)isincl (510) SON-2000 ELAINE R. BOAHME Secreian- qJ 1he 1)islrici REQUEST FOR CERTIFIED PAYROLLS AND FORMS FOR PIPING RENOVATIONS AND REPLACEMENT, PHASE 3, DISTRICT PROJECT 7234 I am writing to respond to the concerns and requests raised by your email (copy attached) to Senior Engineer Ba Than, dated January 23, 2008, regarding the delivery of certified payrolls and certain payment and benefit forms. Central Contra Costa Sanitary District (District) takes compliance with state and federal labor and contracting laws seriously. Following are the actions that the District is taking to insure complete compliance. Redaction and Content of Payrolls: Your email requests that the District deliver completely unredacted payrolls. California law specifically requires the District to remove the names and social security numbers from payrolls provided to joint labor management committees such as TRICO Pipes. See Labor Code 1776(e) ( "Any copy of records [e.g., certified payrolls] made available for inspection by, or furnished to, a joint labor management committee... shall be marked or obliterated... to prevent disclosure of an individual's name and social security number. "). If TRICO had not been a joint labor management committee, California law would require the District to remove all private information. Attached to this letter are past payrolls in compliance with this reduced redaction requirement, with the exception of certified payrolls for the periods ending 12/04/07, 12/02/07, 11/25/07, 9/09/07, 9/04/07, 9/02/07, 8/28/08, 8/26/07, 8/19/07, 8/12/07, 8/05/07, 7/29/07 and 7/22/07. For these latter certified payroll reports, District staff inadvertently redacted all private information on the only copy of said payrolls in its possession. The District has asked the contractor to resubmit these payrolls and will N:\PESUP\CONSTMistrict Projects \7234 \TRICO Ltr.doc TRICO Pipe Page 2 January 25, 2008 send them to you in the proper form as soon as it receives them. Furthermore, on a going forward basis for the subject project, the District will send payrolls with only the names and social security numbers redacted. Timing of Certified Payroll Delivery: Your email also states that you had been experiencing delays in receiving certified payrolls after the submission of your requests. The District is treating your requests for certified payrolls as requests for public agency information in accordance with the California Public Records Act. As you know, the California Public Records Act allows for the inspection and copying of only those public records that are maintained by and in the possession of state and local agencies. The District has been providing TRICO Pipes with certified payrolls in a timely fashion as soon as it receives such documents from its contractor. As Capital Projects Division Manager Tad Pilecki mentioned to you by telephone, the delays that you cite stem in part from the fact that some of your requests have been made weeks in advance of the contractor's monthly certified payroll submission. Going forward, the District will send you the monthly certified payrolls for the subject project as they become available without any additional requests on your part. Notices or Statements of Non - Performance: The District will ask the contractor and its subcontractors to send notices or statements of non - performance for periods in which no work is performed. Forms DAS -140 and PW -26. The District is sending a letter (copy attached) to the contractor to determine whether it and its subcontractors have complied with their obligation to complete and submit such forms to the appropriate agencies. In the event that they have not, the District is sending extra copies of such forms for them to fill out along with the letter. The District will inform you of the status of this matter when it receives more information. Please feel free to contact Senior Engineer Ba Than at (925) 229 -7388 if you have any questions. Sincerely, James M. II General Manager Enclosures cc (w /o Certified Payrolls): Board of Directors, E. Boehme, A. Farrell, T. Pilecki, C. Shima, B. Than Mr. Lee Sanna (NCCI, Inc.) cc (w /encl): File 7234.51.2 and 51.5.5 NAPESUP \CONST\District Projects \7234 \TRICO Ltr.doc Judy Freier - Fwd: CPR's and PW 26 fringe reporting forms From: Judy Freier To: Freier, Judy Subject: Fwd: CPR's and PW 26 fringe reporting forms >>> "Aram Hodess" < Aram a.Plumbers159.org > 1/23/2008 10:37 AM >>> Ba, thanks for getting back to me this morning. As I noted, TRICO Pipe, our Joint Labor Management Committee has requested un- redacted CPR's for NCCI and Certain of their subcontractors on District project 7234. The CPR's we have been provided have been redacted. You indicated that you would confer with the District's attorney to determine whether the payroll records can be provided un- redacted. I also noted that we have had difficulty getting CPR's in a reasonable amount of time after we request them. I also asked for you to get us copies of the PW -26 fringe reporting forms as requested by Mr. Sewell. I also noted that the payroll records we have received appear incomplete and if a subcontractor or NCCI did not perform work in a particular week they should have submitted a notice of non - performance as opposed to not responding at all. You said you would be looking into these requests and getting back to me. I look forward to your response. Aram Hodess Powered by CardScan < http_ / /www.cardscan.com > about:blank Page 1 of 1 1/25/2008 1), Central Contra Costa Sanitariy District �1! i `�?" �a" a Yx. � {p�.� .'A*- lilt .,';:.r �# I'AX, (925) 72 -7842 January 24, 2008 Files: 7234.51.2 and 7234.51.5.5 CERTIFIED MAIL NO. 7006 0810 0001 8548 5557 Mr. Lee Sanna NCCI, Inc. Pier 26 The Embarcadero San Francisco, CA 94105 -1248 Dear Mr. Sanna: REQUIRED FORMS � n�irnn � Lui„Grr ,romrllarIhr Iukil i 10, SoM - "W)o) IA IN/ a Ito] IM/ tirrrrl.in o/ dw lkNrn i I am sending you two blank forms: Division of Apprenticeship Standard form DAS 140 and Statement of Employer Payments form PW26. Statutory and contractual obligations (General Condition GC -20, LAWS AND REGULATIONS, of the contract between NCCI, Inc. and the Central Contra Costa Sanitary District) require NCCI, Inc. to complete and submit these forms. If you have already submitted these forms, please provide the District a copy of each form. If you have not already done so, you are hereby directed to submit these forms to the appropriate apprenticeship committee and /or other required entities within ten (10) calendar days and provide copies to the District. If you have any questions, please do not hesitate to call me at 925 - 229 -7388. Sincerely, B T. Than Senior Engineer Enclosures BTT:jf cc: CCCSD: E. Boehme, A. Farrell, T. Pilecki, C. Shima UA Local 159: Robert Sewell /Aram Hodess, 1398 Roman Way. Martinez, CA 94553 N RFATPt ANT` 7234 Plant �'ipwq Renovations 3'(cnstrw -, i(-,n C—)m(nuniration`Letter to NCCI :-1 Jijry 24 a U8 !Joc t� This form should be sent to the Apprenticeship Committee of the craft or trade in the area of the site of the public work. If you have any questions as to the address of the appropriate Apprenticeship Committee, contact the nearest office of the Division of Apprenticeship Standards (DAS). Consult your telephone directory under California, State of, Industrial Relations, for the DAS office in your area. Do not send this form to the Division of Apprenticeship Standards. PUBLIC WORKS CONTRACT AWARD INFORMATION Check One Of The Boxes Below Please Note: Your election of options below is not to be deemed a request for the immediate dispatch of apprentices. Contractors must make a separate request for actual dispatch. Box 1 We will request dispatch of apprentice(s) for this job in accordance with Section 230.1 (A), California Code of Regulations. We voluntarily choose to comply with the applicable Apprenticeship Committee Standards for the duration of this job only, with regard to training apprentices and to the payment of training contributions. Box 2 We will request dispatch of apprentice(s) for this job in accordance with Section 230.1 (A), California Code of Regulations, but do not agree to be bound by the applicable Apprenticeship Committee Standards in training the apprentices; instead, we agree to employ and train apprentice(s) In accordance with the California Apprenticeship Council regulations, including Section 230.1 of the California Code of Regulations, governing employment of apprentices on public work projects. Box 3 We are already approved to train apprentices by the applicable Apprenticeship Committee and we will employ and train under the Standards. We will request dispatch of apprentices for this job in accordance with Section 230.1 (A), California Code of Regulations. Box 4 I` _ We will not request the dispatch of apprentice(s) since apprentices are not required an this irb under the provisions of California Labor Code Section 1777.5, because: r- A_i 1 d0 1i4 k."/ ', ; 1) Signature Typed Pl.une - - - -- — -- -- --- C,r'3 ;sta of California - -- ?),part,n)nt of industrial �iatatir�nl DIVISION OF APPRENTICESHIP s-rANDARDS Statement of Employer Payments IF YOL' I Sf; OI IIf:R PL:1 \S \Of L►S II:U,AIVA I::, )r'O( \I.AY ( SE I IIF. R AcK OF 11115 FORM I-O PRo\ IUF, I f IIS .\UDlllc) \, \L I \Ft)KM ;\ IlO\ Pk`k 26 In Reply, Refer to Case \U: Subcontractor: Al Air' PROII'(' I' ('(> IR. \(' I \11.: ('aunty location: �•'<jjoj;il! IIEALTII AND NN ELFARE NAAME? OF PLAN Address, ('ivy and Zip ADMINISTRATOR Address, City and Zip CLASSIFICATIONS) USED C:ONIRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY PENSION NAME OF PLAN Address, City and Zip ADMINISTRATOR Address, City and Zip CLASS IFICA'f ION(S) USED CONTRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY VACATION /HOLIDAY NAME OF PLAN Address, City and Zip ADMINISTRATOR Address, City and Zip CLASSIFICATIONS) USED CONTRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS: WEEKLY MONTHLY__ QUARTERLY ANNUALLY TRAINING NAME OF PLAN ,Address, City and Zip .ADMINIS'l RATOR Address, City and Zip It L AStiIFIC A fIO\(S) I SI':D ('(N1 RIBLIIO\ PF:R ('L.ASSIFIC \1 ION PI'R 1101 R ('(0, IR1131 IIO \S: A\ Id. kI.)l ��IO \IfIL1' Q( \RIE:RLY \ \ \( \111 IF YOL' I Sf; OI IIf:R PL:1 \S \Of L►S II:U,AIVA I::, )r'O( \I.AY ( SE I IIF. R AcK OF 11115 FORM I-O PRo\ IUF, I f IIS .\UDlllc) \, \L I \Ft)KM ;\ IlO\ Pk`k 26 5. d. z� Central Contra Costa Sanitary District AD HOC CODE REVIEW COMMITTEE ACTION SUMMARY Chair McGill Member Hockett Tuesday, January 22, 2008 4:00 p.m. Executive Conference Room 5019 Imhoff Place Martinez, California Present: Mike McGill, Barbara Hockett, Jim Kelly, Kent Alm, Ann Farrell, Curt Swanson, Jarred Miyamoto - Mills, Bryan Otake, Suzette Lee Anne Crayton (Recorder) 1. CALL MEETING TO ORDER Chair McGill called the meeting to order at 4:04 p.m. 2. PUBLIC COMMENTS None. 3. REVIEW OF PROPOSED CODE REVISIONS a. Review alternative language for Title 6 revision, Section 6.12.070. Minor edits made to alternative language. Bryan will send out revised version. b. Complete review of Title 6. Completed review of Title 6. Minor changes. C. Review Titles 7 and 9. Started review of Title 7 Summary. Completed introduction section only. The group was asked to give some thought as to whether they wanted to include all weather surfaces in the Title 7 Code. Kent, Bryan, and Jarred will come up with the wording for this item if decided to include. is Recycled Paper 4. SCHEDULE NEXT MEETING IN REVIEW PROCESS Next meeting scheduled for Thursday, February 14th at 4:00 p.m. in 3�d Floor Executive Conference Room. 5. ADJOURNMENT Meeting adjourned at 5:40 p.m. 5.4.3 1 Central Contra Costa Sanitary Dis H d REAL ESTATE COMMITTEE ACTION SUMMARY Chair Nejedly Member Lucey Wednesday, January 30, 2008 3:00 p.m. Third Floor Executive Conference Room Central Contra Costa Sanitary District 5019 Imhoff Place, Martinez, CA PRESENT: Jim Nejedly, Jerry Lucey, Jim Kelly, Ann Farrell, Randy Musgraves, Curt Swanson, Jim Warrington, Elaine Boehme CALL MEETING TO ORDER Chair Nejedly called the meeting to order at 3 p.m. 2. PUBLIC COMMENTS None. 3. STATUS OF DISTRICT PROPERTY MANAGEMENT a. Update on Martinez Easements. Environmental Services Division Manager Curt Swanson referred to his memorandum dated January 24, 2008 included in the Committee agenda packet. He stated that CCCSD became responsible for the City of Martinez sewers pursuant to an annexation agreement dated September 13m 1967. The transfer of existing sewers from the City to the District was complicated by the lack of adequate maps, especially for the older downtown areas. CCCSD spent many years locating, surveying and mapping the existing system and acquired and resolved several missing easements as the sewers were renovated. At this point, staff estimates that there are approximately 125 missing or insufficient sewer easements remaining to be acquired or resolved. The 401 Recycled Paper Real Estate Committee January 30, 2008 Page - 2 - City has acknowledged their responsibility to provide adequate easements and has indicated that they will assist with easement acquisitions, although no money has been budgeted. Staff is also proposing to amend the District Code to include a new title dealing with real property and right - of -way, which should make it easier to obtain written grants of easement from property owners where there are existing sewers. Staff will continue to work with the City of Martinez, who will attempt to acquire the easements at no cost. COMMITTEE ACTION: Received the report. b. Status of CSO Facility Project. Director of Engineering Ann Farrell reported that the application has been submitted to the City of Walnut Creek and will be scheduled for review by the Planning Commission. An alternative design has been prepared by the architect in the event that the application is not approved. Member Lucey asked staff to look at the timeline and see if it can be shortened. COMMITTEE ACTION: Received the report. Directed staff to review timeline to expedite the project as much as possible. C. Department of Fish & Game request for use of land at the Martinez Pump Station. Purchasing Manager Jim Warrington reported that a written request was received from the Department of Fish and Game to use the southwest comer of the Martinez pump station for equipment storage. A five -year license agreement has been negotiated and presented for the Committee's review. COMMITTEE ACTION: Committee recommended that the Board approve a license agreement with the Department of Fish and Game as proposed. d. Status of Kiewit Clean Fill Operation. Purchasing Manager Jim Warrington stated that County Quarry was initially unable to secure the $500,000 performance and clean -up bond required by the agreement. However, the bond has been secured and was received by the District on January 22, 2008. The parent company is Real Estate Committee January 30, 2008 Page - 3 - rated B -IV, which is below the normal bond rating the District requires. However, the company's financial strength is sufficient to ensure coverage. Staff and legal counsel have reviewed the bond and agree that it complies with all other terms of the clean fill operation contract. Staff recommends acceptance of the bond so that County Quarry may move forward to prepare the site for receipt of soil. COMMITTEE ACTION: Concurred with staff recommendation to accept the bond and proceed with the project. e. Status of County Quarry dust and materials pile control. Purchasing Manager Jim Warrington reported that a walk- through was conducted on January 14, 2008. The scrap /salvage removal has been completed and all issues identified last spring have been resolved. The next audit will be conducted in March, 2008. COMMITTEE ACTION: Received the report. f. Status of triangular property on Imhoff Drive for lease. Purchasing Manager Jim Warrington reported that David Deutscher Company retained an engineering company to identify any options that might accommodate a spring move -in date by the prospective lessee. Grovers Engineers advised that the creek is approximately 170 feet long. Onsite mitigation of the creek is defined as mitigation anywhere on District property; and an "in lieu of mitigation" fee of $474 per foot could be paid to an organization similar to Save Mount Diablo Land Trust, subject to Department of Fish and Game approval. Depending on the alternative selected, the cost ranges from $136,000 to $174,000. On January 18, 2008 the David Deutscher Company advised staff that the prospective lessee is in active negotiations to purchase property elsewhere. COMMITTEE ACTION: Received the report. Recommended the "in lieu of mitigation" fee approach and removal of the creek, which would cost approximately $174,000. The project will be scheduled for Board consideration at a future meeting. g. Status of hay proposal for unused land at the treatment plant site. Purchasing Manager Jim Warrington reported that staff has identified Basins A, B and C and the Lagiss property as potential sites for growing Real Estate Committee January 30, 2008 Page - 4 - hay. The basins are subject to flooding with secondary effluent, which has occurred 3-4 times in the past five years. Any contractual arrangement would need to address this contingency. Staff has contacted the David Deutscher Company advising them of this possible use of the land, and staff is developing a list of operational requirements. COMMITTEE ACTION: Received the report. Requested that staff continue to develop the concept. 4. REPORTS /ANNOUNCEMENTS None. 5. CLOSED SESSION — Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): CCCSD, Plaintiff, vs. Gus Kramer, et al., Defendants, Case No. C07 -02402 COMMITTEE ACTION: Held closed session. 6. ADJOURNMENT — at 3:40 p.m. 15' d. 4) Central Contra Costa Sanitary District February 6, 2008 TO: HONORABLE: OF THE BOARD FROM: ANN E. FARR JAMES M. KELLY SUBJECT: CALIFORNIA ASSOCIATION OF SANITATION AGENCIES MID -YEAR CONFERENCE — JANUARY 9 -12, 2008 The California Association of Sanitation Agencies (CASA) Annual Conference highlights included Water Issues and Joint Air /Land Issues Forums; legislative updates; and presentations on the 2007 CASA Achievement Award Winners. Slides for most presentations are available. Please let me know if you would like more information on a presentation, and I will forward it to you. I have attached the following handouts for your information: ➢ CASA Mid -Year Conference Program ➢ Pre - Attendees List ISSUE FORUMS Joint AirA and Issues Forum: The Air and Land Issues Forums joined together to discuss cross media impacts. The discussion included the tension between point and non -point sources as well as the challenge of controlling pollutants in all media, land, air and water. The joint session also included a very promising talk on the use of biosolids for renewal of lands where all organic matter has been destroyed by high temperatures during forest fires. Water Issues Forum: The Water Issues Forum focused on sustainability with discussions on water recycling and grease considerations from a cause of sanitary sewer overflows (SSO's) to converting fats, oils and greases into a source of energy. Ken Greenberg from the EPA discussed SSO's and the progress that has been made in the past 5 years and the concerns the EPA has about how to ensure continued improvement. LEGISLATIVE MATTERS State Legislative Committee: Because it is the beginning of a new year's session, there were not any new bills do discuss and only a couple of carry over bills that warranted some follow up. The carry over bill of greatest interest continued to be a bill to allow design -build for many entities, including special districts. There was significant discussion of the State budget situation and what strategies, such as raising fees or borrowing property taxes, may impact special districts. There was also discussion of the dueling water bond initiatives that are being considered to place before the voters. Honorable Members of the Board Page 2 February 6, 2008 Federal Legislative Committee: The Federal Legislative Committee meeting was highlighted by a presentation by John Anderson, a staff member on the Federal Water Resources and Environment Sub Committee. He spoke about the concept of a federal "trust" fund for funding water and wastewater infrastructure. There will be no trust fund until there is consensus on where the money will come from. He also spoke about other pending legislation related to funding of the State Revolving Loan program and the Water Quality Investment Act. He discussed the Raw Sewage Right to Know Act, which is being considered at the Federal level and would add requirements for notification when a sewer overflow occurs to those already imposed by the State of California. He also mentioned the Clean Water Restoration Act which is being developed to restore the original intent of the Clean Water Act with respect to the definition of navigable waters. Mr. Anderson was very knowledgeable about our wastewater issue. The Committee also discussed the planning for the March conference in Washington, D.C. Eric Sapirstein, CASA's Federal Lobbyist, noted that the environment is expected to take a big hit in the Federal Budget due to budget constraints and competing priorities. GENERAL SESSIONS The General Sessions focused on highlighting the 2007 CASA Achievement Award Winners. Those winners are listed in the attached CASA program. Three awards were of most interest: 1) The Smart Cover Sewer Monitoring System, 2) Joint Outfall Rehabilitation, and 3) FOG Residential Outreach Program -FOG CAN Campaign. The Smart Cover is a new manhole cover with a built in level sensor and cell phone that can be installed in a matter of minutes and can help prevent overflows. The Joint Outfall Rehabilitation was a large diameter sewer renovation that occurred under very difficult conditions. Finally, the FOG CAN trial project to reduce the grease in private and public sewers in and near a 600 -unit apartment complex in Santa Ann. Grease was almost eliminated from sewer as a result of the outreach /education program. There was one program by representatives of Public Agency Retirement Services on long -range value of post retirement benefits in the Directors Meeting. The program confirmed the information Staff has provided the Board on Other Post Employee Benefits costs. Attachments California Association of Sanitation Agencies Attachment I i rz Conference Program 1 ' / • 1. �• ,r t A Ire 0 11 2 1 v V 11: 'I ................. ... ...................................................... ............................... ................................................................................................................................................ ............................... Wecdnesday Thursday January 99 2008 January 10, 2008 9:00 a.na- - 2:30 p -m. CSRMA Training Seminar Learning How Wastewater Utilities Are Working Smarter. •.Not Harder! Location: Ironwood ............. ............................... 8:30 a.m. - 2:30 p.m. Golf Tournament - 8:00 a.m.- 5:00 p.m. Registration Location: Kachina Foyer ......................... ............................... 8:00 - 9:00 a.m. ... Continental Breakfast Location: Vista Verde Terrace & Foyer Rancho Mirage County Club V....... ....... I ... ....... I ...... I ........... I ......... I ........................ I ............... I .............................. I ................... ............ ...... ............................... Noon - 5:00 P.M. Registration Location: Kachina Foyer ............. ..... ............................... 2:00 - 5_00 p.m. CASA Executive Board Meeting Location: Kachina 5:30 - 7:30 p.m. CSRMA Executive Board Meeting Location: Nopales 8 :45 -1lk15 a.m. - JOINT AIW/LANU ISSUES FORUMS Location: Indian Wells LM .................. Cross Media Issues 1. Welcome and Introductions Chairs Ed McCormick, East Bay Municipal Utility District (Lanai and Frank Caponi, Sanitation District of Los Angeles County (Aid 2. Biosolids Program Update a. National Sewage Sludge Survey b. Calffom!a Research Bureau Report Greg Kester, CASA Biosolids Program Manager 3. Cross -Media Issues a. San Joaquin Air District Rule 4565 Mike Moore, Orange County Sanitation District b. South Coast Air District Rule 1133 Patrick GriM, Sanitation Districts of Los Angeles County 4. Land/Forest Fire Rehabilitation Bob Brobst U.S EPA Region 8 .5.Other /Adjourn ........................................................ ............................... low a.m. —Noon - WATER ISSUES FORUM Location: Indian Wells LM Clean Water Sustainabiiity 1. Welcome and Introductions Chair Ben Horenstein, East Bay Municipal Utility District 2. Water Recycling's Window of Opportunity! Pant • Gary KW, Vice Chair, Stage Water Resources Control Board - State Board Perspective • Mary Grace Pawson, Winder & Kelly- Industry Perspective • Martha Dews, Inland Empire Utilities Agency - Agency Perspective 3. FOG: From SSOs to Energy Ken Greenberg, U.S. EPA Region 9 Chandra Johannesson, City of Riverside 4. Other/ Adjourn * Delegates and guests are required to wear their CASH name badges to meetings and receptions. 11:30 a.rn. - Noon New Member Orientation Location: Nopales Join CASA's President and Executive Director to learn about our member services and programs. ....................................................... ............................... 12-00 -1 :20 P.M. OPENING CONFERENCE LUNCHEON Location: Desert Vista Ballroom • President's Welcome: Kamil Azoury • Special Guest Speaker: Kenneth J. Kopods, Deputy Staff Director, Committee on Environment and Public Works, U.S. Senate • Executive Board Strategic Planning Report: Kamil Azoury i m — wo p.m. - OPENING GENERAL SESSION Locatior-7: Indian Wells LM First Woo Pnesid wd Harry Price preeiafing and featuring the 201)7 Achievement Award Winners. 1:30 — 2:00 p.m. The SmartCover® Sewer Monitoring System Keith Lewinger, Falibrook Public Utility District Greg Quist and David Drake, Hadmnex c� Technical Achievement Z Award Winner - small agency 2:00 — 2:30 p.m. Investigating the Fundamental Basis for Selectors - to Irn prove Activated Sludge Settling Don Gray, Fast Bay Municipal Utility District cis Technical Achievement T Award Winner - large agency 2:30 — 3:00 p.m. Environmental Safari: A Water Quality Expedition Kathleen IAbmer, Goleta Sanitary District cp Public OutreachlEducation Achievement T Award Winner - small agency :..................... .................................................................................................................. 3:00 - 3:30 p.m. Break Location: Verde Vista Terrace & Foyer Mid -Year Program 3'30-51 p.m. - DIRECTORS MEETING Location: Joshua Tree 1. Welcome and Introductions Chair Wyatt Troxel, Inland Empire Utilities Agency 2. Understanding the Long -Range Value of Post Retirement Benefits Kevin Murphy Public Agency Retirement Services (PARS) Dennis YL, Public Agency Retirement Services (PARS) 3. Roundtable Forum As a Director... What do you need to know? Discussion topics leading to future program presentations 4. Other / Adjoum ....... ............................... ..................................................... ............................... 3:30 - 5:00 p.m. - MANAGERS MEETING Location: Kachina I. Welcome and Introductions Chair Keith Lewinger,, Fallbrook Public Utility District 2. On Time and Under Budget: Managers and Consultants on the Same Teaml Moderator. Keith Lewinger Introduction: Blake Anderson, Blake Anderson Consulting Top 10 Points for Being a Great ConsultanVClient Team Panek • Mike Dunbar, South Coast Mter District - Manager Aerspective • Perveiz Anwar, Brown And Caldwell - Consultant Perspective • Ron Young, Elsinore Valley Municipal Water District - Manager /Consultant Perspective 3.Other /Adjourn .............................................................................................. ............................... 6:00 - 7:00 p.m. Associates Annual Recognition Reception Location: Indian Wells NOP CASA MidwYear Conference Ensuring Ch r California .................. ..... .......................................................................................................................................................................................................................................... ............................... FridAY January 11, 2008 7:30 - 9.00 a.m. CSRMA Board of Directors Meeting Location: Pinon 8:00 a.m- - 400 P.M. Registration Location: Kachina Foyer ... ............................... 8:00 - 9-00 a. m. Continental Breakfast Location: Verde Vista Terrace & Foyer 10:30 -11:30 a.m. Special Attorneys Meeting - Elimination of Bias Location: Indian Wells JK ................... CASA is a State Bar of California MCLE approved provider. 19:45 — boon - FEDERAL LIAISON & LEGISLATIVE ............................ COMMITTEE MEETING Location: Indian Wells LM ............ - ................ ... ............ .............................., 9:00 -10:00 a.m. Spouses/Guests Meet & Greet Locatiori: Kachina Foyer Get together and plan an informal activity for the day. 9:00 —10:30 a.m. - STATE LEGISLATIVE COMMITTEE MEETING - Location: Indian Wells LM 1. Call To Order and Introductions Chair Harry Price, Fairfield - Suisun Sewer District 2. Additions to the Agenda 3. Legislative Report - Mike Dillon a. General Comments b. Governor's Budget 4. Old Business a. Report on Executive Board/Legislative Committee Discussion - Sewer Laterals b. Update on CASA AttomeyslLegislative Committee Discussions on Legislative Clean -Up Reporting of Sewage Spills c. Legislation Carried Over to January: i. AB 642 -Wolk -"Design Build" II. AB 1207 -Smyth - LA City Biosolids Legislation iii. Other d. Update on MWD Proposal to Create a Water/ Wastewater/Energy Agency Task Force to Study Opportunities for Increased Water and Energy Conservation, etc. e. Strategies for Responding to Potential SWRCB Fee Increases as a Result of State Agency Budget Reductions of 10% or More. f. Update on Whether State May Try to "Borrow" Property Taxes in Light of $10 Billion Budget Deficit. S. New Business a. "Dueling" Water Bond Initiatives b. Energy/Climate Change/GHG Issues as they may Relate to legislation c. Reintroduction of SB 1001- Perata -Any Opportunities for Positive Changes? 6. Next Meeting: March 11, 2008 - Sacramento Host Airport Hotel :................................ ........................................... ..... ................ . ............................ ......... 1. Call to Order and Introductions Chair Sharron Green, Sanitation Districts of Los Angeles County 2. Review Agenda and Handouts 3. Review of Action Items from November 30, 2007 Committee Meeting 4. Legislative Issue Update 5. 2008 Washington, D.C. Conference Update 6. New Business 7.Other /Adjourn 11:00 -1:15 p.m. Communications Committee Meeting Location: Nopales Chair Michele McKinney Underwood, WmIsm Municipal Water District ......................................................... ............................... Noon -1:15 p.m. Associates Committee Lunch Meeting Location: Ironwood Chair Jackie Kepke, CH2M Hill ......................................................... ............................... Noon - 4:00 p.m. Attorneys Committee Meeting Location: Indian Wells JK Chair Betty Burnett, South Coast Water District ........................................................ ............................... Noon -1:00 p.m. Lunch On Your Own .................. .... . ............ ................................ I ......... I....... 1 :15 - 4.00 p.m. - GENERAL SESSION Locatior-7: Indian Wells LM Pres~t Kamil Azoury presk ft and featurfng the 2007 Achievement Award Winners 1:15— M5p.m. Keyrsote Speaker. Assemblyman Kevin Jeffnes From Agency Director to Assemblymember Reflections On The First Year In Office 2:15 — 245 P.M. Joint Outfall ''A" Units 2, 3A and 3B Trunk Sewer Rehabilitation Martha Trerr►blay, Sanitation Districts of Los Angeles County TOutstanding Capital Improvements Project Award 2:45 — 3:00 p.m. Brea k Location: Verde Vista Terrace & Foyer 1,00 — 3:30 p.m. Changing the Safety Culture and Achieving Results Rich Currie, Union Sanitary District Organizational Innovational Award 3:30 — 4:00 p.m. FOG Residential Outreach Program - FOG CAN Campaign Ingrid Hellebrand, Tom Meregillano and Michael 1, Zedek, Orange County Sanitation District ct� Public Outreach/Education Achievement T Award Winner - large agency ........... ............................................................................... ............................... 4:15 - 5:00 p.m. Program Planning Meeting Location: Ironwood Chair Paul Bushee, Leucadia Wastewater L ........... .. ............................. &00 - 7:00 p.m. President's Reception Location: Indian Wells NOP Mid -Year Program .................................................................................................... ............................... Saturday January 12, 2008 7:30 - WE a.m. Executive Board Meeting Location: Ironwood :...................................................... ........................................................................ IN -10:30 a.m. CLOSING BREAKFAST & GENERAL SESSION Location Indian Wells LM 8:00 - 9:00 a.m. All American Breakfast Location: Indian Wells LM 9'00 -10:30 a.m. General Session - Panel Presentation CASA'S team of experts present the issues impacting Califomia's wastewater community, offering their insight into today's political and regulatory environment and share thoughts on future challenges and opportunities for our industry. Following the presentation will be a question and answer period. Panelists: Executive Director's Report - Catherine Smith Biosollds Program Report - Greg Kesler Regulatory Outlook & Legal Report - Roberta Larson Califomia Legislative Report - Mike Dillon Washington D.C. Report - Eric Sapirstein CommiNee Reportx Action items see hand -out agenda Closing remarks by President Azoury ............ - ....................................................................................... ............................... California Association of Sanitation Agencies Mid -Year Conference January 9-12,2008 Pre - Attendees List Amador Water Agency Steve Kronick Archer Norris Peter McGaw Bartle Wells Associates Adam Lynch Black & Veatch James Clark Boyle Engineering Corporation Reymundo Trejo Brown and Caldwell Pervaiz Anwar Grace Chow Judith Millard City of Burbank Rodney Andersen Dan Rynn California Resource Strategies, Inc. Craig Johns Camarillo Sanitary District Lucia McGovern Michael D. Morgan Don Waunch Carmel Area Wastewater District Barbara Buikema Gary Girard Carollo Engineers Robert Gillette G. William Knopf Carpinteria Sanitary District Jeff Moorhouse Craig Murray CASA Honorary Members Joyce Gwidt Thomas Woodruff Castro Valley Sanitary District Harry Francis Ralph Johnson Anthony Varni Roland Williams, Jr. Attachment 2 Central Basin Municipal Water District Robert Apodaca Arturo Chacon Phillip Hawkins Edward Vasquez Central Contra Costa Sanitary District Barbara Hockett James Kelly Mike McGill Central Marin Sanitation Agency Jason Dow Jack Govi Costa Mesa Sanitary District Arlene Schafer The Covello Group, Inc. Chris Davenport Bruce Presser Gary Skrel Cupertino Sanitary District William A. Bosworth Linelle Budde John M. Gatto Curtis B. Harrison Wendell H. Kerr, Jr. Christopher Lee Steve Machida David E. Ross Richard Tanaka Harold S. Toppel California Association of Sanitation Agencies Mid -Year Conference January 9 -12, 2008 Pre - Attendees List Delta Diablo Sanitation District Gary Darling Mary Ann Mason Nancy Parent Caroline Quinn Karen Ustin Deputy Staff Director, Committee on Environment and Public Works, U.S. Senate Kenneth J. Kopocis DGA Consultants Sherie Haeggstrom Downey Brand LLP Nicole Granquist Dublin San Ramon Services District Bert Michalczyk Judy Zavadil Dudek & Associates, Inc. Steve Deering Frank Dudek Ray Miller Earth Tech Inc. Paul Vranesic East Bay Dischargers Authority Charles Weir East Bay Municipal Utility District John Coleman Marlaigne Dumaine Donald Gray Ben Horenstein Edward McCormick Lesa McIntosh East Palo Alto Sanitary District Edrick Haggans Leroy Hawkins Goro Mitchell Glena Savage - Johnson Eastern Municipal Water District Claire Harrison Elsinore Valley Municipal Water District Judy Guglielmana Harvey Ryan Ronald Young Encina Wastewater Authority Kevin Hardy Michael Hogan Duane Larson EnerTech Environmental, Inc. Ray Kearney Fairfield- Suisun Sewer District Greg Baatrup Matt Garcia Kathy Hopkins Michael Hudson Harry Price Michael Segala Talyon Sortor Chuck Timm Fallbrook Public Utility District Keith Lewinger City of Fresno Stephen Hogg Goleta Sanitary District Kamil Azoury John Carter George Emerson John Fox Steven Majoewsky Elbert Trantow Kathleen Werner Goleta West Sanitary District Dave Bearman, M.D. Mark Nation California Association of Sanitation Agencies Mid -Year Conference January 9 -12, 2008 Pre - Attendees List Hadronex David Drake Greg Quist Inland Empire Utilities Agency John Anderson Wyatt Troxel Ironhouse Sanitary District Fred Etzel Don S. Lew Michael Painter Tom Willliams Irvine Ranch Water District Kirsten McLaughlin Peer Swan Jacobs Engineering Group Gary Brasser Kennedy /Jenks Consultants Jim Graydon John Rayner Lake County Special Districts John Thompson Las Gallinas Valley Sanitary District Russ Greenfield Craig Murray Mark Williams LEE & RO David Bachtel Leucadia Wastewater District Paul Bushee Judy Hanson Allan Juliussen David Kulchin Chuck LeMay Don Omsted Liberty Composting, Inc. Gary Bruggeman Drew Kolosky Lillestrand & Associates Loren Lillestrand Livermore - Amador Valley Water Management Agency Michelle Kenyon City of Los Angeles Homayoun Moghaddam Los Angeles County Sanitation Districts Sharon Green Patrick Griffith Stephen Maguin McCracken & Byers LLP David J. Byers Microgy Bill Reed Midway City Sanitary District Steve Anderson Truong Diep Grace Epperson Al Krippner Joy Neugebauer Margie Rice Ken Robbins City of Modesto Roland Stevens Montecito Sanitary District Daniel Eidelson Diane Gabriel Judith Ishkanian Monterey Regional Water Pollution Control Agency Keith Israel California Association of Sanitation Agencies Mid -Year Conference January 9 -12, 2008 Pre - Attendees List Moulton Niguel Water District John V. Foley Mt. View Sanitary District J. Daniel Adams Stanley Caldwell David R. Contreras Randy Leptien MWH Geoff Carthew James Stahl Napa Sanitation District Michael Abramson North San Mateo County Sanitation District Kerry Burns Carol Klatt Patrick Sweetland Novato Sanitary District Michael Di Giorgio James Fritz Beverly James William Long Oakley Water Strategies Monica Oakley Ojai Valley Sanitary District Russ Baggerly Randy Burg John Correa Jack Curtis Stan Greene Brenda Krout Bill Lotts Orange County Sanitation District Larry Crandall Robert Ghirelli Michael Gold James Herberg James Ruth Edward Torres Oro Loma Sanitary District Timothy Becker Michael Cameron Roland Dias Frank Sidari Potrero Hills Landfill James Dunbar Kevin Finn Sue Vaccaro Public Agency Retirement Services (PARS) Mitch Barker Kevin Murphy Dennis Yu Rancho California Water District John Hoagland RBF Consulting Kevin Schmidt City of Richmond Everett Jenkins City of Riverside Chandra Johannesson RMC Water and Environment Steve Clary Vivian Housen Randy Raines Dave Richardson City of Sacramento/Dept. of Utilities David Brent P� California Association of Sanitation Agencies Mid -Year Conference January 9 -12, 2008 Pre- Attendees List Sacramento Regional County Stege Sanitary District Sanitation District Douglas Humphrey Stan Dean Alan Miller Terrie Mitchell Ruben Robles Stone & Youngberg LLC James Cervantes Sanitary District No. 1 of Marin County Steven Vanni Santa Clara County Sanitation District No. 2 -3 Sid Nash City of Santa Rosa Utilities Miles Ferris Sewer Authority Mid- Coastside James L. Copeland John F. Foley III Sonoma County Water Agency Paul Kelley David McFadden South Bayside System Authority David Schricker South Coast Water District Betty Burnett Richard Dietmeier Mike Dunbar Richard Gardner Ingrid McGuire Richard Runge South Orange County Wastewater Authority Tom Rosales Mike Wilson South Tahoe Public Utility District Eric Schafer State Water Resources Control Board Gary Wolff, P.E., Ph.D. Summerland Sanitary District James McManus Tahoe - Truckee Sanitation Agency Marcia Beals TRG & Associates Lois Humphreys Triunfo Sanitation District Tom Glancy John Mathews Ronald Stark Truckee Sanitary District Tom Selfridge U.S. EPA Region 8 Robert Brobst U.S. EPA Region 9 Ken Greenberg Union Sanitary District Richard Currie Pat Gacoscos Anjali Lathi Jennifer Toy Vallecitos Water District Darrell Gentry Dennis Lamb Vallejo Sanitation and Flood Control District Tom Bartee John Silva California Association of Sanitation Agencies Mid -Year Conference January 9-12,2008 Pre - Attendees List Valley Sanitary District West Yost Associates Richard Friestad Bruce West Rex Sharp William Teague Western Municipal Water District Merritt Wiseman Phil Rosentrater City of Ventura Dan Pfeifer Ventura Regional Sanitation District Jim Acosta Charlotte Craven Dennis Gillette Mark Lawler Jim Monahan Jonathan Sharkey Patti Walker John Zaragoza Mark Zirbel Wellington Law Offices Kenneth Buchert West Bay Sanitary District Timothy Clayton Anthony Condotti Ronald Shepherd John Simonetti West County Agency Nathaniel Bates Maria Viramontes West County Wastewater District Leonard Battaglia Michael Caine Alfred Granzella George Schmidt West Valley Sanitation District Donald Burr Joanna Fuller Charles Kilian Robert Reid Ken Yeager Whitley, Burchett & Associates Teresa Herrera Robert Whitley Wiley Price & Radulovich, LLP Joe Wiley Winzler & Kelly Dave Lindow Woodruff, Spradlin & Smart Bradley R. Hogin Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 7, 2008 No.: 6.a. Engineering Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION AMENDING RESOLUTION NO. 77 -15 IN REGARD TO RIGHTS TO MAINTAIN AND OPERATE THE SIX -INCH MAIN SEWER SYSTEM WITHIN LAS LOMITAS SUBDIVISION UNIT NO. 1 IN THE DANVILLE AREA JOB NO. 690 Submitted By: Initiating Dept /Div.: George Harrington Engineering /Environmental Services Senior Engineering Assistant REVIEWED AND RECOMMEND FOR BOARD ACTION: a76��I tr it", I / W. �- arrington C. Swanson arrel K. Alm JamV M. Kelly General Manager ISSUE: A Resolution of the Board of Directors is required to amend an existing and previously recorded Resolution. RECOMMENDATION: Adopt a resolution amending existing Resolution No. 77 -15 that declared the District's right to maintain and operate the main sewer system within the Las Lomitas Subdivision Unit No. 1 in the Danville area. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: The existing resolution did not clearly state which lots were affected in the subdivision. BACKGROUND: In 1948, prior to the extension of District sewer service to the Danville area, a sewer system and neighborhood treatment facility was built as part of the improvements for the Las Lomitas Subdivision Unit 1. Most of the sewer pipelines in the neighborhood were located in the backyards of subdivision lots; however, no sewer easements were recorded at that time. In 1955, the subdivision was annexed to the District, the treatment facility was removed, and the sewer system was connected to the District's collection system. Upon connection, the District assumed responsibility for the operation and maintenance of the sewers serving the subdivision. Resolution No. 77 -15 was adopted by the Board and recorded in 1977 to perfect the District's claim of prescriptive rights for the existing six -inch main sewer system within the subdivision. Recently, staff concluded that the constructive notice imparted by the original Easement Declaration Resolution could be improved by specifically listing the properties where the sewer pipelines are located. Letters have been sent to the affected property owners alerting them to this proposed action. N: \ENVRSEC \Position Papers \Harrington\2008 \690 PP Amending Res 77 -15 2- 7- 08.doc POSITION PAPER Board Meeting Date: February 7, 2008 subject: ADOPT A RESOLUTION AMENDING RESOLUTION NO. 77 -15 IN REGARD TO RIGHTS TO MAINTAIN AND OPERATE THE SIX -INCH MAIN SEWER SYSTEM WITHIN LAS LOMITAS SUBDIVISION UNIT NO. 1 IN THE DANVILLE AREA JOB NO. 690 RECOMMENDED BOARD ACTION: Adopt a resolution to be signed by the President of the Board of Directors and the Secretary of the District amending Resolution No. 77- 15 to clearly identify the lots affected by the previously recorded Easement Declaration Resolution. WENVRSEMPosition Papers \Harrington \2008 \690 PP Amending Res 77 -15 2- 7- 08.doc 1 117 ♦ � 2 1181 , 114 12 O 1 13 �9 11201 ` i 114 144 154 155 � > 11 1 1 21 ` N , ` _ , 164 165 w 1; 31 174 175 41 n 184 185 194 195 1251 , 1261 ` —A �N 204 2C)5 ` 214 215 ` Cn 1271 CP 1281 ; ; 225 1291 224 w / N N + �— 235 � w o 4 0 200 254 a of FEET E N.T.S. LEGEND: O -- SEWER MAINS E u a Central Contra Costa JOB NO. 690 Attachment Sanitary District SIX —INCH SEWER MAINS 10 ' LAS LOMITAS SUBDIVISION UNIT NO.1 AMENDMENT TO RESOLUTION NO. 77 -15 Y ° ° S SITE N 11A 1141 w 1 DAWILLE r c � s � 1�� D w $ r c 1151 v 10 1161 vaulr 1 , ♦ ♦ �'�� ' '�Q L LOCATION MAP O , 114 12 O 1 13 �9 11201 ` i 114 144 154 155 � > 11 1 1 21 ` N , ` _ , 164 165 w 1; 31 174 175 41 n 184 185 194 195 1251 , 1261 ` —A �N 204 2C)5 ` 214 215 ` Cn 1271 CP 1281 ; ; 225 1291 224 w / N N + �— 235 � w o 4 0 200 254 a of FEET E N.T.S. LEGEND: O -- SEWER MAINS E u a Central Contra Costa JOB NO. 690 Attachment Sanitary District SIX —INCH SEWER MAINS 10 ' LAS LOMITAS SUBDIVISION UNIT NO.1 AMENDMENT TO RESOLUTION NO. 77 -15 rcrur,N To C. IctP. U ....,! LASEMENT DECLARATION r-, t; RLSOLUTTON NO. 77 -15 RESOLUTION MAKING EASEMENT DECLARATION IN REGARD TO RIGHTS TO C.%t MAINTAIN AND OPERATE THE SIX -INCH I.D. I.1AIN Sr:.WER SYSTEM ' WITHIN LAS LOMITAS SUBDIVISION UNIT NO. 1, IN -)HE DANVILLE AREA r.. BE IT RESOLVED by the Board of Directors of LherCentral Contra Costa Sanitary District, THAT, this declaration is made, generally ra i fec.ti ng all 'lots of I_as Lomitas Subdivision, Unit No. 1, as shown on the map filed October 7, 1948, in Book 36 of Maps, at page 10, in the Office of the Recorder of Contra Costa County, State of California; THAT, the Developer of this Subdivision Unit No. 1 constructed a sanitary sewer and disposal system, to which a side sewer from the house on each lot was connected. The Las Lomitas collection system was sub- sequently connected to the Central Contra Costa Sanitary District's sewer system in 1955 and the disposal system.was abandoned. Since that date it has been determined that there were no easements or rights of way granted or dedicated for the installation, maintenance and operation of the six -inch (6 ") I.D. main sewer lines of the Subdivision sewage col- lection system. In general these sewer mains, installed by the developer for the benefit of the Subdivision, lie at an undefined location within the rear or side yard of each lot. The District assumed responsibility for maintaining and operating the Las Lomitas sewer main system and continues to maintain these lines within the various lots under implied or prescriptive rights to do so. PASSED AND ADOPTED this 6th day of January, 1977 by the District rr'rl;WO AT REQUEST O U11tr3! Cof�tra Costa Sanitarj District Attachment 2,page 1 r Board of the Central Contra Costa Sanitary District: by the following vote: AYES: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None President of the District�Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: aS�" SecAtary ofthe,-Oristrict Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California STATE OF CALIFORNIA CONTRA COSTA COUNTY ss. Public On—January 6, 1977 before me,_William D. Alstrand, Jr. , a Notary Public, in and for said County and State, personally appeared._ Parke L. Bone�►steele and Clyde M. Hopkins President and Se ----- known to me to be the ----- ...... ..................... __ ----- y--------------------------- of Central Contra Costa Sanitary District and known to me to be the person(s) who executed the within instrument on behalf of said public body and acknowledged to me that said public body executed the same. .,y c: �:��.; -; .: ��� �� � r•�.:r,:n [�, inn Attachment 2,page 2 Notary Public in and for the' County of Contra Costa, State of California E'10 OF CUCU6,160 Item 6.a. Central Contra Costa Sanitary District Las Lomitas Subdivision Unit No. 1 Proposed Easement Declaration Amendment February 7, 2008 H istoa • The Las Lomitas Subdivision Unit No. 1 in Danville was developed in 1949, before CCCSD service was extended into the San Ramon Valley. • The Developer installed backyard collector sewers, and a neighborhood treatment plant to serve the lots in the subdivision. • No easements were recorded for the collector sewer system. 1 Him • CCCSD annexed the Alamo and Danville areas in 1955, and assumed responsibility for operation and maintenance of the Las Lomitas sewer system at that time. • In 1977, the Board adopted a resolution declaring that the District has easement rights "generally affecting all lots..." • Staff has concluded that amending the 1977 resolution to list the specific affected lots would improve "constructive notice" of CCCSD's rights. Las Lomitas Subdivision LWt No. 1 - Easement Declaration SCALE 1 2.1671 2 Las Lomitaa Subdivision Unit No. 1 - Eaaemem Dedarabon acc n �... M Recommended Resolution • Amends 1977 Resolution. Would clarify the specific Las Lomitas lots that are affected by the District's rights: Listed by Lot Number; Listed by Assessor's Parcel Number. Notice to Property Owners • Mailed Letter to Owners of all 50 Lots: - Provided brief history. - Described proposed Board action. - Invited staff contact . - Invited attendance at Board Meeting. • Five Property Owners called to inquire about proposed action. Il r RECORDING REQUESTED BY: CENTRAL CONTRA COSTA SANITARY DISTRICT AFTER RECORDING RETURN TO: CENTRAL CONTRA COSTA SANITARY DISTRICT ENVIRONMENTAL SERVICES DIVISION 5019 IMHOFF PLACE MARTINEZ, CA 94553 -4392 RESOLUTION NO. 2008- A RESOLUTION TO AMEND RESOLUTION NO. 77-15 IN REGARD TO RIGHTS TO MAINTAIN AND OPERATE THE SIX -INCH MAIN SEWER SYSTEM WITHIN LAS LOMITAS SUBDIVISION UNIT NO. 1, IN THE DANVILLE AREA, JOB NO. 690 WHEREAS, the Board of Directors of the Central Contra Costa Sanitary District (District) adopted and directed recording of Resolution No. 77 -15, Easement Declaration, said Resolution having been recorded on January 11, 1977 in Book 8159, Page 832, Contra Costa County Official Records; and WHEREAS, said Resolution No. 77 -15 stated that it generally affected all lots of the Las Lomitas Subdivision, Unit No. 1, but did not list each affected lot; and WHEREAS, for clarity purposes, the District wishes to list the affected lots, NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District ( "District') as follows: THAT Resolution No. 77 -15 is hereby amended to specifically set forth the real property affected by said Resolution No. 77 -15 as being Lots 1 through 49, inclusive, Lot 52 and Lot 55 as shown and designated upon the map of Las Lomitas Subdivision, Unit No. 1, filed October 7, 1948, in Book 36 of Maps at Page 10, Contra Costa County Records, and being further identified as those properties assigned the Assessor Parcel Numbers listed in Exhibit "A" attached hereto and by this reference made a part hereof as of the date of this Resolution. PASSED AND ADOPTED this 7th day of February 2008, by the Board of Directors of the District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: COUNTERSIGNED: Elaine R. Boehme, Secretary Central Contra Costa Sanitary District County of Contra Costa, State of California Gerald R. Lucey, President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel C:\ DOCUME-1lscrayton\LOCALS- 1 \Temp\690 Res Amending Res 77 -15 1- 17- 08.doc EXHIBIT "A" List of Assessor's Parcel Numbers affected by Central Contra Costa Sanitary District Resolution No. 77 -15, as of February 7, 2008: 202 - 131 -001 202 - 132 -001 202 - 141 -001 202 - 131 -002 202 - 132 -002 202 - 141 -002 202 - 131 -003 202 - 132 -003 202 - 141 -003 202 - 131 -004 202 - 132 -004 202 - 141 -004 202 - 131 -005 202 - 132 -005 202 - 141 -005 202 - 131 -006 202 - 132 -006 202 - 141 -006 202 - 131 -007 202 - 132 -007 202 - 141 -007 202 - 131 -008 202 - 132 -008 202 - 141 -008 202 - 131 -009 202 - 132 -009 202 - 141 -009 202 - 131 -010 202 - 132 -010 202 - 141 -010 202 - 131 -011 202- 141 -011 202 - 131 -012 202 - 135 -001 202 - 141 -012 202 - 131 -013 202 - 135 -002 202 - 141 -013 202 - 131 -014 202 - 141 -014 202 - 131 -015 202 - 141 -015 202 - 131 -016 202 - 141 -016 202 - 131 -017 202 - 141 -017 202 - 131 -018 202- 141 -018 C: \DOCUME- 1\scrayton \LOCALS- 1 \Temp\890 Res Amending Res 77 -15 1- 17- 08.doc 202 - 142 -001 202 - 142 -002 202 - 142 -003 6. o— VM G l REAL ESTATE .SALES ANO LO FACSIMILE TRANSMITTAL SHEET F.AX Nul= ,, . , _ , TOTAL NO. ON PAGES INCLUDING WVM PHONR NUMBBIL• R& --I- -- SiNI-ER'S F2i- ❑ UZtGENT © FOR R.&VIR'W © PLEASE COMMENT ❑ PLFASn REPLY 0 PLISASE RECYCLE NO'rS$1COMWPM- : Aq )0-�COCVS MSOILAC47 C'>l U,A iV is 46d PO Box 1988, Benicia CA 94510 60/10 30Vd 9839SNIO ANV9 16ZTL68GZ61 917:ZT 8002 /ti0 /Z0 Fit st Americatn 771tk Insurance Company December 18, 2007 Gary Ginsberg 1141 Camino Tassajara Danville, CA 94526 Re: 1141 Carnino Tassajar% Danville, CA CLTA Standard Coverage policy -1990 Dear Mr. Ginsberg: You have contacted First American about a sewer easement that affects the rear of your property. Along with an undated letter received in our office on November 20, 2007 you forwarded information that I requested relating to the background of this matter. You have been unable to locate a copy of your policy of title insurance. First American has also been unable to locate the policy. However our review of the preliminary report dated as of December 13, 1991 issued by First American (the "Prelim") indicates that the form of policy issued to you was a California Land Title Association Standard Coverage Policy - -1990. ]First American will analyze the claim under the policy form. The following is my understanding of the facts and First American's coverage evaluation. In the year 2000 you were aware that your property was served by public sewer and that a lateral was located in the rear of your lot that connected your improvements to a sewer main. You state that you first learned the sewer main was located on your property by a letter dated October 14, 2005. You subsequently learned that there was a second lateral serving the improvements on your property and you replaced those laterals in March 2006. You paid the cost of replacement. In September 2007 you decided to put your home on the market and received a preliminary report that showed the CC &Rs and the easement contained in the CC&Rs but did not show any other sewer easements. You subsequently learned from a neighboring property owner that there is an EASEMENT DECLARATION that recorded on January 11, 1977 in the Official Records of Contra Costa County in Book 8159 at page 832 (the "Declaration "). The Declaration is the subject ofyour claim. 1 M5.Harrison Street, Oakland, CA 94612 TEL 510.464.5493 t 000.031.1117 7 tax 310.464.5466 www. /irstam. corr. 60/Z0 39t1d 9839SNIE) A8V9 T6ZTZE89Z6T 90 :ZT 80OZ /b0 /Z0 Page 2 The Declaration recites that it affects all lots of Las Lomitas Subdivision Unit No. 1, that the developer constructed a sanitary sewer and disposal system which was connected to the Central Contra Costa Sanitary District ( "CCCSD ") system in 1955. The Declaration further recites that there were no easement or rights of way granted or dedicated for the installation, maintenance and operation of the main within the subdivision collection system. Finally it states as follows: The District assumed responsibility for maintaining and operating the Las Lomitas sewer main system and continues to maintain these lines within the various lots under implied or prescrtptive rights to do so. It is clear from the language of the Declaration that it does not create an easement in favor of the CCCSD. Rather it confirms that there were never express grants of easements for the sewer mains and that the maintenance and operation of the lines is under implied or prescriptive, rights. This is consistent with First American's review of the public records. The coverage of the CLTA Standard Coverage policy is subject to the Exclusions from coverage, the Schedule B exceptions from coverage and the Conditions and Stipulations of the policy. Schedule B provides as follows: SCHEDULE B — FART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will notpay costs, attorney � fees or expenses) which arise by reason of, 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. The Declaration itself states that the CCCSD is operating the mains under implied or prescriptive easements. Those easements by their very nature are not easements that are shown by the public records. In addition the Declaration does not describe a specific easement over your land nor does it describe any specific easements over any other lots in the subdivision. Thus to the extent that the CCCSD asserts that it holds an easement over your property to maintain the sewer main on your property that easement is not shown by the public records and is excepted from the coverage of the policy. The Declaration is not sufficient to place the easement affecting your property in the public records. As noted it does not contain a description of any specific easement affecting your 60/60 39Vd 9630SNIO A8V9 T6ZTL689Z6T 9b :ZT 800Z /00 /Z0 Page 3 Property. In addition, although the Declaration is recorded it is not within the public records as that term is defined in the policy. I refer you to paragraph l h of the Conditions and Stipulations which contains the definition of the term "public records" That definition reads as follows: "public records "; records established under state statutes as of Date ofPolicy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. The term public records is defined in the policy to include only recorded documents keprin the county recorder's office that, by lave, give constructive notice of matters relating to land. These are the records that a title company examines before issuing a title policy. "Public records," within the meaning of the policy, do not include documents that do not impart constructive notice. In order to impart constructive notice a document must contain the names of all owners, as then reflected in the public records, whose interests are affected by the document and must be properly indexed. California Government Coda Sections 27288.1, 27322,27323 - 27325.' The official records are maintained by a grantor / grantee index and it is examined by searching those indexes. If a document does not name the parties it cannot be indexed, is not within the records established for the purpose of imparting constructive notice and is not within the definition of public records set forth in the policy. In this case, the Declaration does not contain the names of the then owners of the respective lots in the Las Lomitas Subdivision. It was not and could not be indexed under the names of those owners. A search of the records that are maintained to impart constructive notice of matters affecting the insured land does not reflect this document. Because of this the Declaration is not shown by the public records as that term is defined by the policy. For the reasons explained above, First American respectfully submits that this matter is not covered by the policy of title insurance. First American has taken this position based on the information currently available to it. First American does not waive any provisions of the policy which are not discussed herein rather it relies on the entirety of the policy. If you have additional information which may permit First American to reevaluate its position, please forward that information. First American is always willing to reconsider a coverage position taken by it if that position is based on incomplete infortmation or an incorrect analysis. If you disagree with the coverage position taken by First American, you may request a review of the matter bYthe Department of Insurance. Their address is 300 South Spring Street. Los Angeles, CA 90010. Their telephone number is (800) 927 -4357. 60/00 39Vd 9839SNID A2lki9 i6ZTLE85Z61 90 :ZZ 800Z /00 /Z0 Page 4 You should be aware that the statute of limitations to bring an action under a policy oftitle insurance is two years from the insured's discovery of the matter that is the subject of the claim. You may wish to review California Code of Civil Procedure Section 339 in this regard. Thank you. Sincerely, Teresa 3. 'Winchester Regional Counsel 60/90 3Jdd 9839SNIEJ AadE) 16ZZLEBSZ6i 90:ZI B00Z /00 /Z0 Subject property: 1141 Camino Tassajara Danville, CA 94526 Issue: Sewer Main A sewer easement declaration from 1977 against all lots in Los Lomitas subdivision #1 is unreported by First American in a purchase dating Dec 31, 1991. The sewer easement is not placed where permitted by subdivision CC&R 's at perimeter of property, restricts possible present and ft re utility and desirability of subject p vpetty, resW64 in a loss, Present owner will be obligated to disclose, this fact upon sale. Restrictions placed on building additions, in ground pool, or additional garage space affect market value for present and future owners. Time line 1991 MS was filled out by seller and no disclosure was ruade of sewer main or easement for sewer main through middle of backyard. See oduNt 1. 1991 Preliminary title report issued by First American disclosed public utility easement is at rear and side 2 feet of premises per CC&R's of 1948. Purchase of property finalized 12/31/91. See exhibit 2, 3, 4. Circa 2000 Plumber puts ear to ground while cleaning lateral and shows owner that sewer lateral from house torts towards backyard. Owners did not understand at that time the lateral was coupled to a sewer pipe maintained by Central Costa Sanitary District (CCCSD) until.... 10/14/2003 CCCSD sent letter• about impending sewer line work affecting property and requested a meeting. At subsequent meeting representative of CCCSD asked where the sewer lateral was and when shown where plumber( as cited above) identified lateral, they paced off approximately IS yards east and pointed to the ground and said the issue was actually inability to get a camera past said point. Representative said it was probably due to a lateml connection, and if necessary CCCSD would need to dig a hole to finish assessment. Representative said owner would be responsible far lateral coupling to sewer main if responsible for blockage. Suggested owner get bid from independent contractor and compare to the bid CCCSD's contractor would offer to correct the conmtion if owner doesn't perform the work. No offer or representation that CCCSD would pay for the correction was made. Notification letter of 10/14/2005 established first official notification to owner of the existence of sewer main and responsible agency i.e.: CCCSD See exhibit 5 3/30/2006 An independent contractor was contacted; videoed lateral and investigated & discovered the 2�d lateral, which was speculated by CCCSD upon their visit as mentioned above. When 2na lateral was exposed, it was found to be constituted of Orangeburg (tar paper) pipe. This pipe was assumed to date from conversion of a breezeway to a bedroom with 60/90 39dd M39SNI9 A8V9 T6ZTLE89ZGT 9b:ZT 8002 /b0 /Z0 bathroom long before current owner. Contractor assessed it as decades old This bathroom was connected not to pre - existing plumbing but via second lateral to the sewer main in unconventional fashion and protruded slightly into sewer main. Owner's contractor offers to replace both laterals for total of $4100. A decision was made to proceed since CCCSD bad represented the issue as a problem that was responsibility of owner. There was no contact from CCCSD and scope of work to be performed as well as fee was unknown. Required cement work to repair trenching incurred during lateral replacements added to the contractor's initial bid increasing the cost. See exdnbit 06 J* 14, 2006, letter from CCCSD informed owners that a contractor was retained by CCCSD and would contact owner. Owner contacted CCCSD on receipt of letter to inform them that work was done. Several weeks later, contractor arrived at subject property and was visibly angry when infonned work was already performed. The contractor tells owner that CCCSD was going to pay for all work at no charge to owner. Owner contacted CCCSD again by phone immediately and informed representativo that work was already done. She inquired whether work permit was issued by CCCSD — an affirmative was given. Owner made verbal request at that time to we if there would be remuneration as contractor stated that CCCSD would incur all costs, but that was declined. In fact, there was no work done by CCCSD on this property at any tune. 9107 owners decide to market the borne and preliminary title report upon review shows no sewer easement other than original CUR limitations. Owner at that point inquired of current title company on accuracy of title report loading to guestion of report of easement on original title report from First American Title in 1991. Owners decided to ask neighbors about the sewer main. Upon inquiry, one neighbor informs owner the sewer easement was recorded against all the lots of the subdivision in the 70's and not recorded against each individual lot. See exhibit 7, 8. 11/07 First American was contacted with a claim by owner of subject property. This is because owner has demonstrable loss from sewer easement that is well known from 1955 and certainly from 1977 on. The loss incurred is due to a building restriction of 7.5' on either side of the sewer main per CCCSD. This severely limits any expamsion of the home thorough additions on the north side, precludes an in- ground pool, or additional garage space to enhance the present 1 car garage_ The desirability of the home is diminished because the great majority of homes in the area have sewers at the street, not in the backyard, and present owner is obligated to disclose this material fact. See exhibit 9,10,11. The 1977 easement declaration, if known by owners before approach by CCCSD to initiate work op lateral connection, may have resulted in a different outcome of owner bearing expense of replacement- 60/L0 39Vd 9639SNI9 AWD IGZILEBSZ6t 9b :Zt 8002 /00 /Z0 Summation: • CCCSD requires 15 feet of clearance for easement of total running length of sewer main through unrestricted portions of back yard • Enhancement of said property such as expansion of one -car garage, addition of in- ground pool or building addition is severely dimiiished and comparable homes in the area are undergoing expansion without like restriedons • That the sewer main was undisclosed at time of purchase by owner and title company • The sewer main is not located per regturemeats of CC&R's • That sewer pipe restricts desirable property enhameements These are recently discovered facts from investiiption begun after receipt of preliminary report from Land America Commonwealth dated 9/07. See exhibit #8. Note: Amended preliminary tittle # 2 includes copies oi'A.LTA/CLTA title policies. 60/80 39tld 963HSNI9 ANNE) T6ZTL£85Z6T 9P:ZT 8002 /b0 /Z0 02/04/2008 12:46 Page 2 19258371291 GARY GINSBERG PAGE 09/09 I The Declaration recites that it affects all lots of Las Lonutas Subdivision Unit No. 1, that the developer constructed a sanitary sewer and disposal system which was connected to the Contral Contra Costa Sanitary District C CCCSD) system in 1955, The Declaration further recites that there were no easement or nights of way granted or dedicated for the installation, maintenance and operation of the main within the subdivision collection system. Finally it states as follows: The ,District assumed responsibility for maintaining and operating the Las Lomitas sewer main system and continues to maintain these Iines within the various lots under implied or prescriptive rights to do so. It is clear from the language of the Declaration that it does not create an easement in favor of the CCCSD. Rather it confirms that there were never express grants of casements for the sewer mains and that the maintenance and operation of the lines is under implied or prescriptive. rights. This is consistent with First American's review of the public records. The coverage of the CLTA Standard Coverage policy is subject to the Exclusions from coverage, the Schedule B exceptions from coverage and the Conditions and Stipulations of the policy. Schedule B provides as follows: SCHEDULE B — PART I ,EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. The Declaration itself states that the CCCSD is operating the mains under implied or prescriptive casements. Those easements by their very nature are not easements that are shown by the public records. In addition the Declaration does not describe a specific easement over your land nor does it describe any specific easements over any other lots in the subdivision. Thus to the extent that the CCCSD asserts that it holds an easement over your property to maintain the sewer main on your property that easement is not shown by the public records and is excepted from the coverage of the policy. The Declaration is not sufficient to place the easement affecting your property in the public records. As noted it does not contain a description of any specific easement affecting your O cu i U N C N E N N W r O Z C O N .5 N O J N cu J 959 Ssl �pF o`OO N N d62 <9F 956 l�F< L9Z Se S8z y 6!� 496 L66 LbZ 2 �, ^ < SF L EZ O� SSA dgZ 6SZ � ^hti �a `ry LZZ a� FFi LLZ F< Q ° Zoe 9l� 9 <Z sb /`yy0 Q L6L szz > slt C9 0 L8L LL4 slt ssl b'NOWb21 tb! 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From: "Andersen, Delores A." <DAndersen @landam.com> To: <gary@garyginsberg.com> Sent: Monday, February 04, 2008 3:26 PM Subject: FW: 27431092 - Sewer easement See belotit D eo►w anzdewen Escrow Officer LandAmerica Commonwealth 370 Diablo Road, Suite 101 Danville, CA 94526 Phone: 925. 855.1860 Fax: 925.855 -1861 Email: dandersen@landam.com The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and /or privileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient Is prohibited. If you received this In error, please contact the sender and delete the material from any computer. From: Price, Robert Sent: Monday, February 04, 2008 3:08 PM To: Andersen, Delores A. Subject: 27431092 - Sewer easement Delores, This resolution really won't change anything. It doesn't create any easement as nothing is granted by the property owners. Since the owners haven't executed the document it can't be indexed to them and therefore there is no constructive notice. Since the Resolution describes only the specific lots that are affected, it will be posted to those posted to those properties, only, in the title plant. As with the original Resolution, many examiners will not pick up the Resolution, but competent examiners will pick it up and show the effect of the document in some way. Robert E. Price Asst. Vice President/Chief Title Officer LandAmerica /Commonwealth Land Title Co. Northern California Production Center 777 Arnold Drive, 1st Floor Martinez, CA 94553 rprice @landam.com Office: (925) 335 -3330 Fax: (925) 957 -0619 2/4/2008