HomeMy WebLinkAbout10/2/2008 AGENDA BACKUPRESOLUTION NO. 2008 -096
A RESOLUTION RECOGNIZING AND COMMENDING
CENTRAL CONTRA COSTA SANITARY DISTRICT
EMPLOYEE SERVICE AWARD RECIPIENTS
WHEREAS, the good reputation and positive community relationship of an
organization is dependent on its competent, hard - working employees; and
WHEREAS, the continuing dedication and knowledge of experienced, long -term
employees is a significant asset to the District; and
WHEREAS, it is the policy of the District to recognize and honor these
employees for their service to the District; and
WHEREAS, the following employees are deserving of recognition for their
dedicated service to the District:
30 years of service: Kurt Darner, Bhupinder Dhaliwal, Warren Katchmar, Daniel
McCown, William McDowell, Molly Mullin, Larry Shepardson
20 years of service: Tamara Fong, David Taylor, Mohammad Wali, Robert
Yates
15 years of service: Michael Furtado
10 years of service: Roseanna Barrett, Mark Greenawalt, Richard Hodge, Sr.,
Todd Smithey
5 years of service: Leo Gonzalez, Jose Plascenia, Salvador Rosales
WHEREAS, the collective efforts and contributions of these experienced and
capable employees have contributed to the District's ability to consistently meet
permit and regulatory requirements and have shaped the District into a nationally
acclaimed wastewater collection and treatment agency while serving the needs
of our customers with efficiency and fiscal responsibility.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central
Contra Costa Sanitary District, that service awards are presented with
appreciation to the above named employees.
BE IT FURTHER RESOLVED that this Resolution of Commendation is presented
in unanimous recognition and acknowledgment of the continuing service and
unwavering dedication of these outstanding employees.
PASSED AND ADOPTED this 2 "d day of October, 2008.
Gerald R. Lucey
President of the Board of Directors
Barbara D. Hockett
Michael R. McGill
Mario M. Menesini
James A. Nejedly
COUNTERSIGNED:
James M. Kelly
General Manager
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 2, 2008 No.: CONSENT CALENDAR 4.d.
Type of Action: ADOPT RESOLUTION
Subject: ADOPT RESOLUTION AUTHORIZING STAFF TO RECORD AGREEMENTS
FOR ROAD MAINTENANCE AND REPAIR WITH BEATRICE PROPERTIES AND
B & J ENTERPRISES, DONALD GIESEKE, AND STEVEN AND LINDA WIGHT
RELATED TO MAINTENANCE ACCESS FOR JOB 6438 PUBLIC SEWER
FACILITIES.
Submitted By:
Jarred Miyamoto -Mills
Principal Engineer
Initiating Dept. /Div.:
Engineering /Environmental Services
REVIEWED ^AND RECOMMENDED FOR BOARD ACTION:
v
J. Miy moto -Mills C. Swanson (\ A. Farrell K. Alm James . Kelly,
1Y1'� General anager
ISSUE: A Board of Directors' resolution is required to authorize staff to record
documents in the Contra Costa County Recorder's Office.
RECOMMENDATION: Adopt a resolution authorizing staff to record three agreements
for maintenance and repair of a private access road required for maintenance of public
sewer facilities installed as Job 6438 - Monticello Road, Lafayette.
FINANCIAL IMPACTS: These agreements ensure that adequate all- weather access to
the Job 6438 public sewer facilities for sewer maintenance vehicles and equipment will
be properly maintained at no cost to the District.
ALTERNATIVES /CONSIDERATIONS: The Board could elect to maintain all- weather
access at District expense.
BACKGROUND: Historically, maintenance and repair of all- weather access roads for
easement sewers has been problematic and costly. Staff has developed an agreement
that can be established between the District and those property owners benefiting from
public sewer facilities installed in easement areas to clarify that the property owners are
responsible for maintenance and repair of adequate access roads. Staff required that
the owners of three properties who recently installed a public main sewer extension in
easements in the Monticello Road area of Lafayette (see Attachment 1) sign the first of
these agreements (Beatrice Properties and B & J Enterprises, Donald Gieseke, and
Steven and Linda Wight - Job 6438). Staff has prepared a resolution authorizing
recording of these agreements.
N: \ENVRSEC \Position Papers \Miyamoto- Mills\2008 \PP- Record Road Maint Agreement 10 -2 -08 Final.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: October 2, 2008
subject: ADOPT RESOLUTION AUTHORIZING STAFF TO RECORD AGREEMENTS
FOR ROAD MAINTENANCE AND REPAIR WITH BEATRICE PROPERTIES AND
B & J ENTERPRISES, DONALD GIESEKE, AND STEVEN AND LINDA WIGHT
RELATED TO MAINTENANCE ACCESS FOR JOB 6438 PUBLIC SEWER
FACILITIES.
RECOMMENDED BOARD ACTION: Adopt a resolution authorizing staff to record
agreements with: 1) Beatrice Properties and B & J Enterprises, 2) Donald Gieseke, and
3) Steven and Linda Wight for maintenance and repair of a private access road
required for maintenance access for public sewer facilities installed as Job 6438 -
Monticello Road, Lafayette.
N: \ENVRSEC \Position Pape rs \Miyamoto- Mills\2008 \PP- Record Road Maint Agreement 10 -2 -08 Final.doc Page 2 of 2
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SITE 7- M
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1
Central contra costa
Sanitary District
I
Q_
JOB 6438
MONTICELLO ROAD, LAFAYETTE
Attachment
1
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 2, 2008 No.: CONSENT CALENDAR 4. e.
Type of Action: HUMAN RESOURCES
subject: AUTHORIZE MEDICAL LEAVE OF ABSENCE WITHOUT PAY FOR JOHN
CENSOPLANO, NETWORK COORDINATOR, THROUGH OCTOBER 31, 2008
Submitted By: Randall Musgraves, Initiating Dept /Div.: Administration /Accounting
Director of Administration and Information Technology
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
R. Mus
.Lr
C. Freitas
James . Kelly,
General anager
ISSUE: The Board of Directors' authorization is required for leave without pay in
excess of 30 days.
RECOMMENDATION: Authorize medical leave of absence without pay for John
Censoplano, Network Coordinator.
FINANCIAL IMPACTS: Minimal.
ALTERNATIVES /CONSIDERATIONS: Deny medical leave of absence without pay.
BACKGROUND: John Censoplano, Network Coordinator, has been off work since
February 27, 2008, due to a medical condition. Mr. Censoplano is ineligible for FMLA
leave in 2008 as he exhausted his allowable FMLA leave in 2007. He was approved for
a medical leave of absence without pay through July 14, 2008. He has requested an
extended leave of absence without pay through October 31, 2008 due to the ongoing
medical condition. Since this request exceeds the 30 working days that the Department
Director and General Manager may approve, Board of Directors authorization is
required.
RECOMMENDED BOARD ACTION: Authorize medical leave of absence without pay
for John Censoplano, Network Coordinator, through October 31, 2008.
N:\HUMANRES\PERSMISC\LOAWP-JC.pp.doc
CENTRAL CONTRA COSTA SANITARY DISTRICT
PUBLIC HEARINGS TO RECEIVE COMMENTS
ON THE MITIGATED NEGATIVE DECLARATION FOR
CCCSD'S WET WEATHER BYPASS IMPROVEMENT PROJECT (DP 7241)
SUGGESTED AGENDA
October 2, 2008
Request staff report
II. Public hearing on the Mitigated Negative Declaration
A. Open public hearing
B. Receive public comment
C. Continue the public hearing to a date to be recommended by staff
N: \ENVRSEC \Position Papers \Leavitt\2008 \PP Public Hearing Mitigated Negative Declaration 10 -2 -08 Final.doc
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 2, 2008 No.: HEARINGS 5. a.
Type of Action: OPEN AND CONTINUE A PUBLIC HEARING
Subject: OPEN AND CONTINUE A PUBLIC HEARING REGARDING ADOPTION
OF A RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION AND
APPROVING THE PROPOSED WET WEATHER BYPASS IMPROVEMENT
PROJECT, DP 7241
Submitted By: Initiating Dept. /Div,:
Russell B. Leavitt, Engineering Assistant III Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
R. Leavitt G. Rathunde Ba Than T. Mi OTT A. Farrell J mes M. lally
eneral Manager
ISSUE: Board approval of appropriate California Environmental Quality Act (CEQA)
documentation is required prior to approval of the Wet Weather Bypass Improvement
Project.
RECOMMENDATION: Open and continue a public hearing on the Mitigated Negative
Declaration to a date to be recommended by staff at the October 2, 2008 Board
meeting.
FINANCIAL IMPACTS: The total estimated cost for the project is $3.4 million (in
current dollars), including construction, engineering, and administrative costs.
ALTERNATIVES /CONSIDERATIONS: A delay in Board consideration of the
Mitigated Negative Declaration is needed due to the complex nature of some of the
comments submitted by the County Flood Control District. Additional communication
with their staff is needed to complete our responses to their comments.
BACKGROUND: A draft Mitigated Negative Declaration has been prepared for the
proposed Wet Weather Bypass Improvement Project. CCCSD proposes to improve
its wastewater treatment plant's wet weather bypass system by constructing a new
outlet that will allow, under appropriate conditions, stored flows to be discharged
directly to the Walnut Creek channel (see Attachment 1).
As Lead Agency under CEQA, CCCSD has conducted an Initial Study of the
proposed project to determine if it would have a significant effect on the environment.
Staff has concluded that the Initial Study adequately, accurately, and objectively
evaluates the environmental impacts of the proposed project, and that a Mitigated
N: \ENVRSEC \Position Papers \Leavitt\2008 \PP Public Hearing Mitigated Negative Declaration 10 -2 -08 Final.doc Page 1 of 3
POSITION PAPER
Board Meeting Date: October 2, 2008
subject: OPEN AND CONTINUE A PUBLIC HEARING REGARDING ADOPTION OF
A RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION AND
APPROVING THE PROPOSED WET WEATHER BYPASS IMPROVEMENT
PROJECT, DP 7241
Negative Declaration is the appropriate document to address the environmental
effects of the project. The Initial Study is included as part of the proposed Mitigated
Negative Declaration that was distributed separately to the CCCSD Board of
Directors.
The proposed Mitigated Negative Declaration finds that there is no substantial
evidence before CCCSD that the proposed project would have significant effects on
the environment. Mitigation measures have been incorporated into the project to
reduce potentially significant impacts to less- than - significant levels. These measures
are discussed in the proposed Mitigated Negative Declaration and included in its
proposed Mitigation Monitoring and Reporting Program (see Attachment 2).
In compliance with the CCCSD's CEQA Guidelines, a legal notice was published in
the Contra Costa Times, a newspaper of general circulation in the area affected by
the proposed project. The legal notice announced CCCSD's intent to adopt a
Mitigated Negative Declaration and the availability of the document for a 30 -day public
review period. Additionally, copies of the proposed Mitigated Negative Declaration or
the legal notice were mailed to affected public agencies. Four comment letters on the
proposed Mitigated Negative Declaration have been received. The comment letters
and CCCSD's responses are presented in Attachment 3. As previously stated,
additional communication with Flood Control District staff is needed to complete our
responses to their comments. The responses to the other agencies' comments are
complete and nothing in those comment letters requires changes in the conclusions of
proposed Mitigated Negative Declaration.
Before the proposed project may be approved, the Board must consider any
comments received during the Mitigated Negative Declaration's 30 -day public review
process and the public hearing, and then consider approval of the appropriate CEQA
documentation (a Mitigated Negative Declaration is recommended in this case).
Then, the Board may consider approval of the proposed project. Following approval
of both the Mitigated Negative Declaration and the project, a Notice of Determination
will be filed with the County Clerk and staff will begin applying for project permits and
other approvals from regulatory agencies.
While not required by law or the CCCSD procedures, it has been CCCSD customary
practice to hold public hearings in advance of the adoption of Mitigated Negative
Declarations. Holding a hearing on the proposed Mitigated Negative Declaration
would be consistent with this practice.
NAENVRSEC \Position Papers \Leavitt\2008 \PP Public Hearing Mitigated Negative Declaration 10 -2 -08 Final.doc Page 2 of 3
POSITION PAPER
Board Meeting Date: October 2, 2008
subject: OPEN AND CONTINUE A PUBLIC HEARING REGARDING ADOPTION OF
A RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION AND
APPROVING THE PROPOSED WET WEATHER BYPASS IMPROVEMENT
PROJECT, DP 7241
RECOMMENDED BOARD ACTION: Open and continue a public hearing on the
Mitigated Negative Declaration to a date to be recommended by staff at the
October 2, 2008 Board meeting.
NAENVRSEC \Position Papers \Leavitt\2008 \PP Public Hearing Mitigated Negative Declaration 10 -2 -08 Final.doc Page 3 of 3
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ATTACHMENT 2
CENTRAL CONTRA COSTA SANITARY DISTRICT
WET WEATHER BYPASS IMPROVEMENT PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
INTRODUCTION
This is the Mitigation Monitoring and Reporting Program (MMRP) for the Central Contra
Costa Sanitary District's (CCCSD) Wet Weather Bypass Improvement Project. This
program is required to be adopted as part of the project approval action under
California Public Resources Code (PRC) Section 21081.6. The MMRP requirement
was added to the California Environmental Quality Act (CEQA) in 1988 to provide a
mechanism to ensure that mitigation measures adopted through the CEQA process are
fully implemented in a timely manner in accordance with the conditions of project
approval. Under this statute, local agencies are required to adopt a monitoring or
reporting program "designed to ensure compliance during project implementation."
CONTENT AND ORGANIZATION
This MMRP includes the mitigation measures proposed to address the potentially
significant impacts associated with the project. The impact discussions and proposed
mitigation measures are presented in the Mitigated Negative Declaration (published in
August 2008). The mitigation measures included in this program have been
incorporated into the project description.
This MMRP is organized in a table format, with implementation and monitoring activities
keyed to each mitigation measure adopted to reduce potentially significant project
impacts. The column headings in the table are defined as follows.
MITIGATION MEASURE - A summary of the mitigation requirement. The full text of the
mitigation measures, as adopted, is contained in the Mitigated Negative Declaration.
IMPLEMENTATION PROCEDURE - Additional information on how mitigation measures
will be implemented, where needed.
MONITORING AND REPORTING ACTIONS - An outline of appropriate monitoring
and /or reporting actions to verify compliance with the mitigation measure requirements.
MONITORING RESPONSIBILITY - Assignment of responsibilities for mitigation
monitoring and reporting tasks.
MONITORING SCHEDULE - A schedule for conducting each mitigation monitoring and
reporting action. Where necessary, the schedule milestones are keyed by number to
the monitoring and reporting actions.
Attachment 2 — Page 1 of 3
N: \ENVRSEC \Position Papers \Leavitt\2008 \PP Public Hearing Mitigated Negative Declaration 10 -2 -08 Final.doc
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ATTACHMENT 3
COMMENTS AND RESPONSES TO COMMENTS
Four comment letters have been received during the 30 -day public review period for the
Mitigated Negative Declaration. The numbered responses correspond to the numbered
comments in the letters that follow.
A. STATE WATER RESOURCES CONTROL BOARD JAMES HOCKENBERRY
ENVIRONMENTAL SCIENTIST, SEPTEMBER 12, 2008
Al. At this time, CCCSD does not intend to request such financing.
A2. The project's surface and subsurface structures would still be subject to
ground shaking and settlement, so the mitigation measure would still be
appropriate.
A3. Comment noted. In the Mitigation Monitoring and Reporting Program, all
"should "s in mitigation measures have been replace with "shall "s.
B. CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION
DISTRICT, TERI E. RIE, ASSOCIATE CIVIL ENGINEER, SEPTEMBER 16 2008
B1. On the Initial Study summary page, which precedes the Table of Contents,
the Flood Control District is listed as a public agency whose approval is
required. The need for Flood Control District approval is also noted on
pages 36 and 40.
B2. On the Initial Study summary page, which precedes the Table of Contents,
the U.S. Army Corps of Engineers is listed as a public agency whose
approval is required.
B3. (Further discussion with the Flood Control District is needed to
prepare this response)
B4. (Further discussion with the Flood Control District is needed to
complete this response)
B5. The NPDES permit issued to CCCSD by the Regional Water Quality
Control Board in 2007 established this location for the emergency overflow
outfall. The NPDES permit requires CCCSD to collect and analyze water
samples taken from specific locations upstream and downstream of the
emergency overflow outfall when an overflow event occurs. In the event
that an extreme wet weather event results in a discharge through the
emergency overflow outfall, CCCSD will comply with the requirements of
the NPDES permit and provide mitigation as directed by the Regional Water
Quality Control Board.
Attachment 3 — Page 1 of 12
N: \ENVRSEC \Position Papers \Leavitt\2008 \PP Public Hearing Mitigated Negative Declaration 10 -2 -08 Final.doc
B6. The project will require an encroachment permit from the Contra Costa
County Flood Control and Water Conservation District, a 401 water quality
certification from the Regional Water Quality Control Board, a 404 permit
from the United States Army Corps of Engineers, and notification to the
State of California, Department of Fish and Game. See also Comment D1
from the Regional Water Quality Control Board.
B7. All mitigation measures required by other agencies and known by CCCSD
at this time have been included.
B8. An alternative analysis is not required for the Mitigated Negative Declaration
process. However, the existing emergency bypass to Pacheco Creek had
been evaluated by CCCSD to identify possible capacity improvements,
such as modifying three existing off -site channels and replacing three
culverts. The evaluation found that the cost to modify the existing bypass
system was equivalent to providing a bypass system at the location
discussed in this Mitigated Negative Declaration document. Furthermore,
the property along the alignment of the existing bypass system is not owned
by CCCSD and may be developed for industrial uses, which will eliminate
the use of this flow path. The new discharge point is under the control of
CCCSD and was found to provide the most direct flow path to the creek
with the lowest impact to the surrounding properties.
B9. (Further discussion with the Flood Control District is needed to
complete this response)
B10. (Further discussion with the Flood Control District is needed to
complete this response)
B11. New gates through CCCSD's property line fence will be provided so plant
personnel can inspect and maintain the box culvert outfall. The installation
of the gate, and its subsequent use by CCCSD personnel, will have no
impact on Walnut Creek.
B12. Pages 30 through 36 of the document discuss the impacts of this project
related to hydrology and water quality.
B13. The rock slope protection at the outlet structure is provided to prevent bank
erosion and scour, and for velocity dissipation of the flow through the
outfall. The proposed rip rap will be constructed at the same elevation as
the surrounding flood plain terrace and is not expected to impede or redirect
flows in Walnut Creek. Pages 30 through 36 of the document discuss in
more detail the impacts and mitigation related to hydrology.
Attachment 3 — Page 2 of 12
N: \ENVRSEC \Position Papers \Leavitt\2008 \PP Public Hearing Mitigated Negative Declaration 10 -2 -08 Final.doc
C. CALIFORNIA DEPARTMENT OF TRANSPORTATION LISA CARBONI
DISTRICT BRANCH CHIEF, LOCAL DEVELOPMENT — INTERGOVERNMENTAL
REVIEW. SEPTEMBER 16.2008
C1. The project mitigation does not involve improvements to State highways, so
no encroachment permit will be needed from this agency.
D. SAN FRANCISCO BAY REGIONAL WATER QUALITY CONTROL BOARD
KATHRYN HART. SEPTEMBER 18.2008
D.1 This set of comments identifies various approvals the project will need from
the Regional Water Quality Control Board and the U.S. Army Corps of
Engineers, along with the project details that will need to be submitted to
these agencies as part of their application processes. No response is
necessary at this time.
Attachment 3 — Page 3 of 12
N: \ENVRSEC \Position Pape rs \Leavitt\2008 \PP Public Hearing Mitigated Negative Declaration 10 -2 -08 Final.doc
State Water Resources Control Board
Linda S. Adams
Secretary. /or
Enrrrortmental Protection
S E P 12 2008
Division of Financial Assistance
1001 1 Street • Sacramento, California 95814. (916) 341 -5700 FAX (916) 341 -5707
Mailing Address: P 0. Box 944212 • Sacramento, California • 94244 -2120
Internet Address: http / /w%tiw,waterboards.ca.eov
Mr. Russel B. Leavitt
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
Dear Mr. Leavitt:
Vn
h.
Arnold Schwarzenegger
Govvrnor
RECEiVFn
SEP 1 5 2008
CCC,SD r'V;;KUP-1l'4iV!AL. SERVICES
DRAFT INITIAL STUDY /MITIGATED NEGATIVE DECLARATION (IS /MND) FOR THE
CENTRAL CONTRA COSTA SANITARY DISTRICT (DISTRICT); WET WEATHER BYPASS
IMPROVEMENT PROJECT (PROJECT); CONTRA COSTA COUNTY; STATE
CLEARINGHOUSE (SCH NO. 2008082074).
We understand the District may be pursuing Clean Water State Revolving Fund (CWSRF)
financing for this Project. As a funding agency and a State agency with jurisdiction by law to
preserve, enhance, and restore the quality of California's water resources, the State Water
Resources Control Board (State Water Board) is providing the following information and
comments on the environmental document prepared for the Project.
If the District decides to pursue funding through the CWSRF Program, please provide us with
the following documents applicable to the proposed Project: (1) Copies of the Draft and Final
IS /MND, (2) the resolution adopting the IS /MND and making California Environmental Quality
Act (CEQA) findings, (3) all comments received during the review period and responses to
those comments, (4) the adopted Mitigation Monitoring and Reporting Plan, and (5) the Notice
of Determination filed with the Governor's Office of Planning and Research. In addition, we
would appreciate notices of any hearings or meetings held regarding any projects to be funded
by the State Water Board.
The CWSRF Program is partially funded by the U.S. Environmental Protection Agency and
requires additional "CEQA -Plus" environmental documentation and review. The State Water
Board is required to consult directly with agencies responsible for implementing federal
environmental laws and regulations. Any environmental issues raised by federal agencies or
their representatives will need to be resolved prior to State Water Board approval of a CWSRF
funding commitment for the proposed Project. For further information on the CWSRF Program
please contact Ms. Michelle L. Jones at (916) 341 -6983.
It is important to note that prior to a CWSRF funding commitment, projects are subject to
provisions of the Federal Endangered Species Act and must obtain Section 7 clearance from
the U.S. Fish and Wildlife Service (USFWS) and /or National Marine Fisheries Service (NMFS)
for any potential effects to special status species. Please be advised that the State Water
Board will consult with USFWS, and /or NMFS regarding all federal special status species the
Project has the potential to impact if the Project is funded under the CWSRF Program.
California Environmental Protection Agency
0 Recycled Paper
Attachment 3 — Page 4 of 12
N: \ENVRSEC \Position Papers \Leavitt\2008 \PP Public Hearing Mitigated Negative Declaration 10 -2 -08 Final.doc
Al
Mr. Russel B. Leavitt - 2 -
SEP 12 2008
The District will need to identify whether the Project will involve any direct effects from
construction activities or indirect effects, such as growth inducement, that may affect federally
listed threatened, endangered, or candidate species that are known, or have a potential to occur
on -site, in the surrounding areas, or in the service area. Please identify applicable conservation
measures to reduce such effects.
In addition, CWSRF projects must comply with federal laws pertaining to cultural resources,
specifically Section 106 of the National Historic Preservation Act. Please contact the State
Water Board's Cultural Resources Officer, Ms. Cookie Him, at (916) 341 -5690, to find out more
about the requirements, and to initiate Section 106 process if the District decides to pursue
CWSRF financing. Note that the District will need to identify the Area of Potential Effects
(including construction and staging areas and the depth of any excavation).
If the District decides to pursue CWSRF financing, other federal requirements pertinent to the
Project under the CWSRF Program include the following:
A. Compliance with the Coastal Zone Management Act: Identify whether the Project is
within a coastal zone and the status of any coordination with the California Coastal
Commission.
B. Compliance with the Migratory Bird Treaty Act: List any birds that are protected under
this Act that may be impacted by the Project and identify conservation measures to
minimize such impacts.
C. Compliance with the Wild and Scenic Rivers Act: Identify whether or not any Wild and
Scenic Rivers would be potentially impacted by the Project and include conservation
measures to minimize such impacts.
D. Compliance with the federal Clean Air Act (CAA):
(a) Provide air quality studies done for the Project.
(b) If the Project is in a nonattainment area or attainment area subject to a maintenance
plan; (i) provide a summary of the estimated emissions (in tons per year) that are
expected from both the construction and operation of the Project for each federal criteria
pollutant in a nonattainment or maintenance area, and indicate if the nonattainment
designation is moderate, serious, or severe (if applicable); (ii) if emissions are above the
federal de minimis levels, but the Project is sized to meet only the needs of current
population projections that are used in the approved State Implementation Plan for air
quality, quantitatively indicate how the proposed capacity increase was calculated using
population projections.
California Environmental Protection Agency
0 Recycled Paper
Attachment 3 — Page 5 of 12
N: \ENVRSEC \Position Papers \Leavitt\2008 \PP Public Hearing Mitigated Negative Declaration 10 -2 -08 Final.doc
Mr. Russel B. Leavitt - 3 - SEP 12 2008
Following are my specific comments on the ISIMND:
1. Page 27 indicates that impact "a" is considered a less than significant impact with
mitigation. However, Page 28 indicates that no aboveground buildings are proposed, A2
only surface and subsurface improvements. Please note that there should be no impact
if structures are not to be included in the proposed project.
2. Mitigation Measure 1 i on page 26 states: "A wetland mitigations and monitoring plan
should be developed by a biologist with experience in restoration and monitoring." To be
consistent with the CEQA terminology, please change "should" to "shall" or "must ", since
"shall" or "must" identifies a mandatory element. For more information on CEQA A3
terminology, refer to CEQA guidelines (Article I, Section 15005). If CWSRF funding is
sought, this mitigation measure must indicate that an experienced biologist shall be
required to develop a mitigation monitoring plan for adverse impacts to seasonal
wetlands.
Thank you once again for the opportunity to review the District's environmental document. If
you have any questions or concerns, please feel free to contact me at (916) 341 -5686, or by
email me atjhockenberry@waterboards.ca.gov,
Sincerely, "T
Jame Hockenberry
Environmental Scientist
cc: State Clearinghouse
(Re: SCH# 2008082074)
P. O. Box 3044
Sacramento, CA 95812 -3044
California Environmental Protection Agency
0 Rec sled Paper
Attachment 3 — Page 6 of 12
N:\ENVRSEC \Position Papers \Leavitt\2008 \PP Public Hearing Mitigated Negative Declaration 10 -2 -08 Final.doc
Contra Costa County
Julia R.Dueren,
a Flood Control
es officio C Wef Engineer
R.>���� °n
DepuryChiefEngineer
& Water Conservation District
September 16, 2008
Russell Leavitt
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
Our File: FCP 602 -06
Dear Mr. Leavitt:
We have reviewed the Notice of Intent to Adopt a Mitigated Negative Declaration
(MND) and Draft Mitigated Negative Declaration for the Wet Weather Bypass
Improvement Project (DP 7241). We received the documents on August 19, 2008, and
submit the following comments:
1. The Walnut Creek Channel is under the jurisdiction of the Contra Costa County
Flood Control & Water Conservation District (FC District). The MND document FBI]
should state that the project needs approval, land rights, and an encroachment
permit from our agency.
2. The document should indicate that permission from the U.S. Army Corps of B2
Engineers, Sacramento District (Operations Branch), is needed before the project
could be implemented, as the FC District has an operations and maintenance
agreement with the Carps.
3. The document should include a hydraulic analysis that evaluates the water B3
surface level of the Walnut Creek Channel due to increased flow from the
project.
4. The document should discuss impacts from the wet weather bypass on the
Walnut Creek Channel for various design frequencies. Potential impacts from the
1017 -year design flow of the Walnut Creek Channel coupled with maximum FB4
outflow from the sewer bypass should be among the scenarios to be evaluated
hydraulically. Please also discuss potential mitigation measures for each scenario.
5. The document should discuss the impacts to the environment in the event that
partially treated flow is discharged through the bypass. Mitigation measures B5
should be discussed, as well as the responsible party for implementation.
6. The document should list all potential regulatory permits that are required for the B6
project.
"Accredited by the American Public Watks A=aation"
255 Glacier Drive Martinez, CA 94553 -4825
TEL: (925) 313 -2000 • FAX: (925) 313 -2333
www.cccpublicworks.org
Attachment 3 — Page 7 of 12
N: \ENVRSEC \Position Papers \Leavitt\2008 \PP Public Hearing Mitigated Negative Declaration 10 -2 -08 Final.doc
Russell Leavitt
September 16, 2008
Page 2 of 2
7. The document should discuss mitigation measures required by other agencies, if g7
applicable.
8. The document should discuss other possible alternatives for the project. As an
example of an alternative, Central Contra Costa Sanitary District (CCCSD) may B8
want to consider a temporary outflow at Walnut Creek or at Pacheco Creek,
while improving the existing bypass at Pacheco Creek. CCCSD may also want to
consider increasing the capacities of the ponds.
9. Please discuss any additional maintenance issues with the construction of the
sewer bypass that may impact the Walnut Creek Channel.
10.The impacts of increased bypass flows in the future should be discussed, if
applicable.
11. Please discuss any impacts for new gates to be installed for direct access for
CCCSD to the Walnut Creek levee road potential at the sewer bypass.
12.The document should discuss the impacts of the quantity, quality, and velocities
of discharges from the sewer bypass on Walnut Creek.
13. Please discuss the impacts of the rock slope protection proposed for the sewer
bypass and the proposed mitigation measures.
If you have any questions, please contact Jane Kao at (925) 313 -2179 or
jkaoCa pw.cccounty.us or me at (925) 313 -2363 or trieca)pw.cccounty.us.
Sincerely,
w
Teri E. ie
Associate Civil Engineer
Contra Costa County Flood Control
& Water Conservation District
7R:JK:cw
G:\ FldCtgcUrDev \CrrI£51Martlnez \fCp 602-06, CCCSD, Walnut Creek
\CCCSD Wet Weather Bypass Improvement Project (DP 7241).doc
c. Greg Connaughton, Flood Control
Tnm Jensen, Flood Control
Attachment 3 — Page 8 of 12
N: \ENVRSEC \Position Papers \Leavitt\2008 \PP Public Hearing Mitigated Negative Declaration 10 -2 -08 Final.doc
Eil
670
611
612
613
FPATE OF CALIFORNIA- .- BUBIItES9.11t6N&PORTATiON wpm HntlfitNG AOrCV au n ce HW rn�ru n y, M1 K
DEPARRTM NT OF TRANSPORTATION
III GRAND AVENUE
P. 0. BOX 23660
OAKLAND, CA 94623 -0860 Flat your power!
PHONE (610) 622 -5481 Be enersy efficientl
FAX (610) 286-6669
TTY 711
September 16, 2008
CC680592
CC- 680 -22.34
SCH#62008082074
Mr. Russell B. Leavitt
Central Contra Costa Sanitary District
S019 Imhoff Place
Martinez, CA 94553
Dear Mr. Leavitt,
Wet Weather Bypass Improvement Project - Mitigated Negative Declaration
Thank you for
including the California Department of Transportation (Department) in the environmental
review process for the Wet Weather Bypass Improvement Project We have reviewed the
Mitigated Negative Declaration and offer the following comments:
As lead agency, the Central Contra Costa Sanitary District is responsible for all project
mitigation, Including improvements to State highways. The project's fair share contribution,
financing, scheduling, and implementation responsibilities as well as lead agency
monitoring should be fully discussed for all proposed mitigation measures. Any required
roadway improvements should be completed prior to issuance of the project's building
permit.
C1
While an encroachment permit is only required when the project involves work in the State
Right of Way (ROW), the Department will not issue an encroachment permit until our
concerns have been adequately addressed. Therefore, we strongly recommend that the lead
agency ensure resolution of the Department's concerns prior to submittal of an
encroachment permit application.
'Cakrans improves mobility across California'
Attachment 3 — Page 9 of 12
N: \ENVRSEC \Position Pape rs\Leavitt\2008\P P Public Hearing Mitigated Negative Declaration 10 -2 -08 Final.doc
Mr. Russell B. Leavitt/ Central Contra Costa Sanitary District
September 16, 2008
Page 2
i hcroachmentPermit
Any work or traffic control within the State ROW requires an encroachment permit that is
issued by the Department. Traffic- related mitigation measures will be incorporated into the
construction plans during the encroachment permit process. See the following website link
for more information: http://www,dotca.gov/hq/traffops/developserv/permits/
To apply for an encroachment permit, submit a completed encroachment permit
application, environmental documentation, and five (5) sets of plans which clearly indicate
State ROW to the address at the top of this letterhead, marked ATTN: Michael Condie, Mail
Stop #58.
Should you have any questions regarding this letter, please contact Lisa Courington of my
staff at (510) 286 -5505 or via email at .lisa.ann,counngton @dotca.gov.
Sincerely,
LISA CARBONI
District Branch Chief
Local Development - Intergovernmental Review
c: State Clearinghouse
Twoww improves mobility 4em" Ugbrnia'
Attachment 3 — Page 10 of 12
N: \ENVRSEC \Position Papers \Leavitt\2008 \PP Public Hearing Mitigated Negative Declaration 10 -2 -08 Final.doc
From: "Kathryn Hart" <KHart@waterboards.ca.gov>
To: "Russell Leavitt" <rleavitt @centralsan.dst.ca.us>
Date: 9/18/2008 7:35:33 PM
Subject: Wet Weather Bypass Improvement Project (DP7241)
Russell,
This email provides comments on the proposed Mitigated Negative Declaration for Central Contra Costa
Sanitary District's (District) Wet Weather Bypass Improvement Project (DP 7241).
These comments are limited to the installation of the bypass outfall to Walnut Creek, and impacts
associated with the actual structure and release of water from the District's basins during emergency
bypass events and dry weather maintenance activities. These comments do not address specific water
quality concerns related to the frequency of wet weather bypasses, or the discharge of treated effluent
every 5 to 8 years during dry weather maintenance of the deep water outfall system. These water quality
concerns, and requirements to ensure that appropriate measures are taken by the District to maintain
adequate capacity for treatment at the plant, are issues that will be, or have been addressed by Water
Board staff that are involved in the NPDES permit for the District.
According to Attachment E, Table E -2 of Order No. R2- 2007 -0008, the NPDES permit for the District,
Discharge Point EFF -003 has been established for the proposed new emergency overflow structure. As
such, I assume that water quality issues related to the permitted discharge for the District have been D1
addressed through the issuance of the NPDES permit. However, if this is not the case, then staff from the
Surface Water Protection Division may have additional comments on the proposed new location of the
emergency overflow structure.
Our comments related to the structure itself, and the flows that will be released, are as follows:
(1) Approval from the Water Board will be necessary prior to construction of the new overflow structure.
This approval will be in the form of either a 401 water quality certification (if a 404 permit is required by the
U.S. Army Corps of Engineers (Corps) for fill of U.S. waters), or application of a general permit for small
impacts associated with projects that are not within the Corps jurisdiction. This general permit is SWRCB
Water Quality Order No. 2004 - 0004 -DWQ, Statewide General Waste Discharge Requirements for
Dredged or Fill Discharges to Waters Deemed by the U.S. Army Corps of Engineers to be Outside of
Federal Jurisdiction (General WDRs).
(2) The District will need to submit an application for a 401 water quality certification, or coverage by the
General WDRs, This application will need to provide all information necessary to support the installation of
the new structure along the levee for Walnut Creek,
(3) Information to be included in the application for approval shall include, but not necessarily be limited to,
the following: (a) specific design for the outfall structure that shows how it will conform to the existing
contours of the bank of the flood plain levee, and avoid flow related impacts to the levee, flood plain, and
bank full channel as a result of discharges; (b) a design that provides for adequate dissipation of energy
prior to release of wet weather flows to the Walnut Creek flood plain and bank full channel (alternate
designs with a baffled type energy dissipation structure set back within the levee should be considered);
(c) adequate demonstration that NPDES permit requirements for relocation and use of the emergency
overflow location have been met. For example, does the District intend to continue making improvements
at the plant and within the collection system that will help to offset the anticipated increase in wet weather
flows from new development; (4) specific plans for conveyance of dry weather discharges to the bank full
channel from the outfall structure; and, (5) adequate demonstration that Contra Costa County Flood
Control District requirements for the release of flows at this location have been met.
If you would like to contact the Corps to find out whether they have permitting authority over the proposed
project, you can contact Mark D'Avignon at 415 - 503 -6773, or email to him at
mark.r.d'avignon @usace.army.mil
Attachment 3 — Page 11 of 12
N: \ENVRSEC \Position Papers \Leavitt\2008 \PP Public Hearing Mitigated Negative Declaration 10 -2 -08 Final.doc
Please call or email with any questions
Regards,
Katie Hart, P.E.
Regional Water Quality Control Board
San Francisco Bay Region
1515 Clay Street, Suite 1400
Oakland, CA 94612
(510) 622 -2356
(510) 622 -2460 fax
khart@waterboards.ca.gov
CC: "Derek Whitworth " <DWhitworth @waterboards.ca.gov>
Attachment 3 — Page 12 of 12
N: \ENVRSEC \Position Papers \Leavitt\2008 \PP Public Hearing Mitigated Negative Declaration 10 -2 -08 Final.doc
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 2, 2008 No.: HEARINGS 5.b.
Type of Action:
subject: HOLD A PUBLIC HEARING TO RECEIVE PUBLIC INPUT ON ORDINANCE
NO. 253, ENTITLED "AN ORDINANCE MODIFYING TITLES 1, 2, 5, 6, 9, 10 AND
11, AND ADOPTING TITLE 7, OF THE CENTRAL CONTRA COSTA SANITARY
DISTRICT CODE; WAIVE READING THEREOF; AND ADOPTION OF ORDINANCE
NO. 253
Submitted By: Kenton L. Alm Initiating Dept /Div.: Administration
District Counsel
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
4 04
K. Alm
/James elly,
General =r
ISSUE: The Board is required to hold a public hearing prior to adoption of Ordinance
No. 253 that adopts a recodification of the District Code to receive public input thereon
and thereafter consider adoption of such Ordinance.
RECOMMENDATION: Hold public hearing on proposed Ordinance No. 253, entitled
"An Ordinance Modifying Titles 1, 2, 5, 6, 9, 10 and 11, and Adopting Title 7, of the
Central Contra Costa Sanitary District Code," and consider adoption of Ordinance No.
253.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: The Board may decide it does not wish to
consider adoption of the recodification of the District Code, or parts thereof, at this time.
Failure to adopt this Ordinance will delay the implementation of the proposed revisions.
BACKGROUND: The District has been in the process of updating numerous provisions
within Titles 1, 2, 5, 6, 9, 10 and 11 of the District Code for several years. Pursuant to
Health and Safety Code section 6491.2, and Government Code sections 50022.1
through 50022.8, the District may adopt a primary code by reference, or recodify
existing ordinances, by following certain procedures.
These procedures include a first reading of the title of the Ordinance which was held on
September 4, 1008 and a subsequent public hearing scheduled for 2:00 p.m. on
October 2, 2008. A copy of the District's Code was on file with the District Secretary
more than 15 days in advance of this public hearing. Notice of the hearing was
published pursuant to Government Code section 6066.
POSITION PAPER
Board Meeting Date: October 2, 2008
subject. HOLD A PUBLIC HEARING TO RECEIVE PUBLIC INPUT ON ORDINANCE
NO. 253, ENTITLED "AN ORDINANCE MODIFYING TITLES 1, 2, 5, 6, 9, 10 AND
11, AND ADOPTING TITLE 7, OF THE CENTRAL CONTRA COSTA SANITARY
DISTRICT CODE; WAIVE READING THEREOF; AND ADOPTION OF ORDINANCE
NO. 253
District Board and Ad Hoc Code Review Committee have reviewed all revisions to the
Code which are now proposed for amendment or adoption. All draft revisions to the
Code previously reviewed by the Board, including updated language regarding overflow
protection devices, charity car washes and the source control program revisions
requested by the EPA are included in the Code revisions presented for adoption. All of
these revisions were provided under separate cover prior to the September 4, 2008
Board meeting. A brief description of the Titles included in Ordinance No. 253 are
provided on Attachment A.
RECOMMENDED BOARD ACTION:
Waive formal reading of proposed Ordinance No. 253, entitled "An Ordinance Modifying
Titles 1, 2, 5, 6, 9, 10 and 11, and Adopting Title 7, of the Central Contra Costa Sanitary
District Code ", conduct public hearing to obtain public comment, and adopt Ordinance
No. 253 in its entirety.
ATTACHMENT A
Title 1 General Provisions
This Title sets forth a number of provisions which are largely
administrative in nature, and includes a number of definitions for terms
used elsewhere throughout the Code. The modifications to Title 1
primarily corrected outdated terminology, deleted unneeded definitions
and clarified several procedural issues addressed in this Title.
Title 2 Administration
Title 2 contains a number of administrative provisions including
procedures concerning the Board of Directors, General Manager,
Secretary and Counsel for the District. Additionally, it addresses other
administrative issues, such as the District CEQA policy and purchasing
matters. Modifications to this Title primarily updated terminology and
made modifications to provide greater consistency between the Code
language and current District operating procedures.
Title 5 Permits and Licenses
Title 5 includes general provisions concerning each of the various permits
issued by the District and the procedures for modification and termination
of such permits. It also provides authority for the District's use of sewer
improvement agreements and related matters. The modifications to this
Title include both modifications and clarifications to several District
policies concerning sewer work permits, the registration and permitting of
contractors doing work on District facilities and the use of sewer
improvement agreements.
Title 6 Fees and Charges
This Title contains substantial detail with regard to the various types of
fees and charges that are imposed by the District for a variety of services,
which range from annexation charges and initial fees for connection to
annual sewer service charges, recycled water charges and household
hazardous waste facility fees. The included modifications address the
manner in which the District collects sewer service charges, development
and environmental related fees. Modifications are also included to the
provisions relating to annexation fees, Capacity Fees, and reimbursement
fees. The modifications provide that the actual schedule of fees and
charges, which are typically modified annually, will be enacted by
uncodified ordinance and maintained by the District Secretary.
Title 7 Real Property
This Title contains largely new provisions addressing both existing and
new policies with regard to District real property matters. The Title
establishes a codified basis for the District's existing and future real
property rights. The Title provides, in part, that the District accepts all
previously granted or dedicated interests in real property where the
ATTACHMENT A CONTINUED
District currently owns and operates facilities therein. This Title also
addresses District easements and sets forth procedures for addressing
encroachments on District easements.
Title 9 Sewers
Title 9 sets forth substantial detail with regard to the District's regulation of
design and construction of public sewers, as well as the property owner's
responsibility for side sewers and backwater overflow prevention devices.
This Title also is modified to set forth provisions to address the potential
future relinquishment of the District's ownership and maintenance of
certain sewers.
Title 10 Source Control (Pretreatment)
This Title provides the basis for the District to regulate both domestic and
non - domestic sewer use and provides the basis for the District's industrial
pretreatment and source control programs. Included modifications reflect
technical changes to conform the District's Ordinance to Federal
regulations and addresses the elimination of formal permitting
requirements for charity car washes discharging to sanitary sewers.
Title 11 Recycled Water
This Title provides the basic regulations for the District recycled water
program. Technical changes were made to conform its contents with
current requirements of the Regional Water Quality Control Board and to
clarify certain program responsibilities of the District and recycled water
customers.
Central Contra Costa Sanitary District
October 2, 2008
TO: HONORABLE MEMBERS OF THE BOARD
FROM: JAMES M. KELLY, GENERAL MANAGER
ELAINE R. BOEHME, SECRETARY OFT 4 DISTRICT(�
At its meeting of September 18, 2008 the Board considered revising the Board
Member meeting and compensation requirements and adopting a reimbursement
policy pursuant to AB 1234.
While Board Members concurred with the proposed revisions set forth in the
Position Paper and resolution, the matter was referred back to staff to develop
options for listing meetings attended by Board Members on the Board agenda.
The objective is to improve transparency for those meetings or conferences
Board Members attend for which they receive the stipend, and /or for which the
District pays their expenses.
When timing permits, Board Members will announce such meetings or
conferences in advance of their attendance. The Board Member will also provide
a brief report after their attendance at the following Board meeting.
Staff has developed proposed agenda wording showing three categories of
reports (see attached sample):
1) Announcement of future meetings or conferences, to be announced
verbally in advance when timing permits;
2) Reports on meetings previously attended for which Board Members
received the stipend;
3) Reports on meetings or conferences previously attended for which
the District paid the Board Member's expenses.
Meetings attended under 2) and 3) will be listed on the agenda whenever
possible.
A paragraph as been added to the resolution reflecting this reporting requirement
(see attached — change is shown in green print).
The District Counsel has also reviewed the proposed agenda wording.
Staff Recommendation (Motion required): Adopt resolution revising the Board
Member Meeting and Compensation requirements as recommended, including
adoption of a reimbursement policy, and direct staff to add the agenda wording
as proposed.
7. REPORTS:
a. General Manager
b. Counsel for the District
C. Secretary of the District
8. BOARD MEMBER REPORTS:
1) Board Member reports on future meetings or conferences for which
they will receive the stipend or for which the District will pay their
expenses.
(These would be announced verbally)
2) Board Member reports on recent meetings for which they received
the stipend.
(These would be printed on the agenda)
3) Board Member reports on recent meetings or conferences for which
the District paid their expenses.
(These would be printed on the agenda)
4) Announcements
(Board Members may announce any other
meetings attended that don't fall into the above
categories)
RESOLUTION NO. 25072008 -455
A RESOLUTION SETTING FORTH PROCEDURES FOR APPOINTMENT TO AND
ESTABLISHMENT OF BOARD COMMITTEES AND MEETING COMPENSATION
REQUIREMENTS FOR BOARD MEMBERS
WHEREAS, Section 6489 of the California Health and Safety Code provides that
compensation be paid to Board Members for each day's attendance at meetings of the
Board or for each day's service rendered as a Director by request of the Board; and
WHEREAS, in accordance with the Health and Safety Code and the California
Water Code Sections 20200 et seq., Ordinance 241 was adopted on February 15,
2506-;2007, setting the Board compensation at $221 per approved meeting, not to
exceed more than one meeting per day and six meetings per calendar month, which
amount may periodically be adjusted by ordinance; and
WHEREAS, in accordance with Section 2.04.020 of the District Code, when the
Board considers it necessary for the efficient transaction of business, it may approve the
creation of a committee for the purpose of reviewing, investigating, and recommending
with reference to a particular matter; and the President shall appoint the members of
said committee and shall have the authority to appoint an ad hoc committee or
representative to similarly act pending a Board Meeting; and
WHEREAS, the President may name an alternate to serve in the absence of an
appointed Committee Member or District representative,
;,and
WHEREAS, the Board has deemed it necessary for the efficient operation of the
District to appoint Board Members to represent the District on various ,
committees joint powers authorities; a44d to act as representatives of the District to
various oraanizations. and as liaisons to cities and the County; and
WHEREAS, in accordance with AB 1234 and to encourage participation and
attendance at conferences and organizations which serve the interests of and provide
benefit to the District, the Board has determined that Board Members may be
compensated for each day's attendance at certain events and meetings as
listed below; and
TAmPM01 .
OWN
NOW, THEREFORE, BE IT RESOLVED, that4he_
ii:
1. The President of the Board of Directors shall appoint Board Members to
the following Gtand*Rg committees and that Board members may receive the
compensation fixed by District Ordinance for attendance at such committee meetings:
Budget and Finance Committee
Capital Projects Committee
Human Resources Committee
Outreach Committee
Recycled Water Committee
Household Hazardous Waste Committee
Real Estate Committee
BE IT FURTHER RESOLVE[), that theAd Hoc Committees
2. The President of the Board of Directors shall appoint or confirm Board
Members to represent the District a6 fellew6=at or before organizations as follows. and
Board Members may receive compensation for their attendance at such meetings or
events when attending as a District representative.
Board Liaison to Cities and County
California Special Districts Association — Contra Costa Chapter
Friends of the San Francisco Estuary
Sanitation and Water Agencies of Contra Costa County
Local Aaencv Formation Commission (whether as Board Liaison or as otherwise
designated by the President)
BE IT FURTHER PIESO VEDA +h, +3 That, in addition to the above, members of
the Board of Directors shall be compensated at the current compensation rate for each
day's attendance at the following meetings and conferences:
Meetings of the California Association of Sanitation Agencies (CASA) Executive
Board, +f-when serving as a member of the Executive Board;
4. That. any Board Member may receive the stipend if approved by the
Board in advance for attendance at a meeting, conference or event not listed above.
5 That the Board of Directors determines that public resources should be
used to reimburse expenses incurred when attending meetings, conferences or events
which are related to District business and are of interest and value to the District. These
meetings, conferences or events include, but are not limited to. Contra Costa Mayors'
Conference meetings. Contra Costa Council meetings, local public official informational
meetinas or other meetinas where the topic is of interest to the District or promotes
inter-agency cooperation and partnerships. Reimbursements will also be provided for
events under paragraphs 2. 3 and 4 above. Reimbursements will be paid in accordance
with existing District policv.
6. That Board Members will report at Board Meetings, in advance whenever
possible, which meetings they will be attending or have attended for which they receive
the stipend, and which meetings or conferences they will be attending or have attended
for which the District pays their expenses.
BE IT CI RTHER RESOLVED, that. That meeting attendance slips for Board
Members for the meetings listed above and for regular Board Meetings shall be
approved by the Board President or, in his or her absence, the President Pro Tem.
Meeting attendance slips for the Board President shall be approved by the President
Pro Tem, or, in his or her absence, a Board Member designee.
Travel days to and from meetings or conferences are not compensable
under this policv.
PASSED AND ADOPTED this a -18h day of August, 2007, September, 2008, by
the following vote:
AYES: Members:
NOES: Members:
ABSTAIN: Members:
Gerald R. Lucev
President of the District Boarde1
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine R. Boehme
Secretary of the Central Contra Costa
Sanitary District, County of Contra
Costa, State of California
Approved as to Form:
Kenton L. Alm
District Counsel
1147170.3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: September 18, 2008
Type of Action:
No.: ITEMS HELD OVER FROM PREVIOUS BOARD
MEETING 7.a.
subject: BOARD MEMBER MEETING COMPENSATION AND REIMBURSEMENT
RESOLUTION
Submitted By: Initiating Dept /Div.:
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
E. Boehme K. Alm ames M. Ily,
Secretary of the District Counsel eneral M Hager
District
ISSUE: At the Board Meeting of June 19, 2008, Board Members requested that the current
Resolution 2007 -105, listing the meetings for which the stipend is paid, be reviewed. The
Resolution also needs to be revised to clarify the District's reimbursement policy for Board
Member attendance at civic events on behalf of the District.
RECOMMENDATION: Adopt the revised Resolution.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: Do not revise the Resolution, or make additional
revisions.
BACKGROUND: At its meeting of June 19, 2008 the Board considered a Position Paper
addressing Board Member conference and meeting attendance. Following extensive
discussion, it was generally agreed that the list of meetings in the Resolution for which the
$221 stipend is currently paid should be revisited. Although this is clearly a matter of Board
policy, the General Manager was directed to come back to the Board with recommendations.
Confidential individual Board Member input was obtained on the issue of Board
compensation, but was not shared with other Board Members. Based on comments
received, proposed revisions to the current Resolution 2007 -105 have been prepared for
Board consideration. The input received indicates there may be sufficient Board support for
continuing payment of the stipend for meetings listed in the current Resolution, with one or
more of the following changes:
(1) the addition of payment of the stipend for attendance at Ad Hoc Committees;
(2) the deletion of payment of the stipend for attendance at CSDA Conferences;
POSITION PAPER
Board Meeting Date: September 18, 2008
subject. BOARD MEMBER MEETING COMPENSATION AND REIMBURSEMENT
RESOLUTION
(3) the addition of the requirement that meetings attended as City or County Board
Liaison must specifically relate to District business;
(4) the addition of payment of the stipend for City or County Board Liaisons or other
Board Members attending LAFCO proceedings on behalf of the District where
matters affecting the District justify attendance;
(5) the addition of the clause that, when appropriate, Board Members may request
payment of the stipend in advance of a meeting not listed, if they are attending
specifically representing the District, and the request will be considered by the Board;
(6) clarification of the District's reimbursement policy for Board Member attendance at
civic events on behalf of the District.
A revised Resolution incorporating the suggested modifications is attached. If the Board
wishes to make different or additional changes to the current Resolution, it may do so at the
Board Meeting or provide additional direction to staff for future consideration of the Board.
Review of the process for approval of conference attendance was deferred to a later date,
to be considered with other revisions to the District's Travel Policy.
RECOMMENDED BOARD ACTION: Adopt a Resolution incorporating some or all of the
following revisions as outlined above:
(1) the addition of payment of the stipend for attendance at Ad Hoc Committees;
(2) the deletion of payment of the stipend for attendance at CSDA Conferences;
(3) the addition of the requirement that meetings attended as City or County Board
Liaison must specifically relate to District business;
(4) the addition of payment of the stipend for City or County Board Liaisons or other
Board Members attending LAFCO proceedings on behalf of the District where
matters affecting the District justify attendance;
(5) the addition of the clause that, when appropriate, Board Members may request
payment of the stipend in advance of a meeting not listed, if they are attending
specifically representing the District, and the request will be considered by the Board;
POSITION PAPER
Board Meeting Date: September 18, 2008
subject. BOARD MEMBER MEETING COMPENSATION AND REIMBURSEMENT
RESOLUTION
(6) clarification of the District's reimbursement policy for Board Member attendance at
civic events on behalf of the District.
If desired, each item may be voted on separately.
Agenda Item 8.a.1)
Board Meeting of October 2, 2008
Written Announcements:
General Updates
a) CASA Amicus Brief Participation
The District received a request from the California Association of
Sanitation Agencies (CASA) to provide $2,000 to help fund preparation of
an amicus brief to the California Supreme Court in the case of
Communities for a Better Environment v. South Coast Air Quality
Management District, (2007) 158 Cal.App.41h 1336 ( "CBE "). The case is
relevant to the District because it makes our air quality permits and our
effluent discharge limit more stringent with no resulting environmental
benefit. Staff intends to contribute the requested $2,000 toward the
amicus effort to defray the legal fees and costs associated with drafting
and filing the brief.
b) Bob Murray to Meet with Board
Bob Murray is scheduled to meet with the Board at the October 16, 2008
meeting regarding Executive Management performance appraisals.
DRAFT
BOARD CALENDAR
January
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2009
January
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February
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5 6 7 8 9 10 II
12 13 14 15 W17 18
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26 27 28 29 30 31
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23 24 25 26 27 28 29
30 31
September
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3 CCCSD Board Meeting
10 Board Workshop - CIB /CIP
17 CCCSD Board Meeting
23 -26 CASA - Squaw Valley
1 CCCSD Board Meeting
15 CCCSD Board Meeting
26 Memorial Day
5 CCCSD Board Meeting
19 CCCSD Board Meeting
3 CCCSD Board Meeting
4 Independence Day
17 CCCSD Board Meeting
7 CCCSD Board Meeting
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1 CCCSD Board Meeting
15 CCCSD Board Meeting
26 Memorial Day
5 CCCSD Board Meeting
19 CCCSD Board Meeting
3 CCCSD Board Meeting
4 Independence Day
17 CCCSD Board Meeting
7 CCCSD Board Meeting
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17
CCCSD Board Meeting
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FEBRUARY
7
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12
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18
Washington's Birthday
21
CCCSD Board Meeting
6
CCCSD Board Meeting
10 -12
CASA Legislative Conference
13
Washington, D.C.
20
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3 CCCSD Board Meeting
10 Board Workshop - CIB /CIP
17 CCCSD Board Meeting
23 -26 CASA - Squaw Valley
1 CCCSD Board Meeting
15 CCCSD Board Meeting
26 Memorial Day
5 CCCSD Board Meeting
19 CCCSD Board Meeting
3 CCCSD Board Meeting
4 Independence Day
17 CCCSD Board Meeting
7 CCCSD Board Meeting
20 -23 CASA - Monterey
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CCCSD Board Meeting = Holiday
CASA Conference = Election Day
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