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HomeMy WebLinkAbout03/19/2009 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 19, 2009 No.: 3.c. Consent Calendar Type of Action: ESTABLISH PUBLIC HEARING DATE subject: ESTABLISH APRIL 16, 2009 AS THE DATE FOR A PUBLIC HEARING REGARDING A PROPOSED ORDINANCE TO AMEND THE SCHEDULE OF CAPACITY FEES Submitted By: Initiating Dept. /Div,: Jarred Miyamoto -Mills Engineering /Environmental Services Principal Engineer REVIEWED AND RECOMMENDED FOR BOARD ACTION: r J. yamoto -Mills C. Swanson A. Farrell K. Alm JXnexlk Kelly, eneral Manager ISSUE: The District Code requires that a public hearing be held prior to the Board of Directors' consideration of amendments to the Schedule of Capacity Fees. RECOMMENDATION: Establish April 16, 2009 as the date for a public hearing to receive comments on and consider adoption of a proposed ordinance to amend the Schedule of Capacity Fees. FINANCIAL IMPACTS: None by this action. If the Board of Directors adopts the staff recommendation to increase Capacity Fees, staff estimates that approximately $400,000 in additional annual revenue will be generated in Fiscal Year 2009 -10, based on the projected connection of 500 Residential Unit Equivalents (RUE) in the gravity zone and 500 RUE in the pumped zone. ALTERNATIVES /CONSIDERATIONS: The Board of Directors may decline to establish the recommended public hearing date or may elect to choose a different date. However, a public hearing must be held if Capacity Fees are to be increased. If the hearing is held on April 16, 2009, the increased fees could take effect on July 1, 2009. BACKGROUND: Staff has completed its annual review of the District's Capacity Fee Program and has concluded that it would be appropriate to revise the fees to account for changes in the valuation of District assets (principally due to the District's investment of approximately $31.5 million in additions, upgrades, renovation and replacement of capital facilities in 2007 -08), and the number of current customers. The effect of implementing the staff recommendation would be to increase the Capacity Fee as follows: N: \ENVRSEC \Position Pape rs \Millier\2009 \Set PH date re 2009 -10 Cap Fees 3 -19 -09 Rev. Final.doc Page 1 of 2 POSITION PAPER Board Meeting Date: March 19, 2009 subject ESTABLISH APRIL 16, 2009 AS THE DATE FOR A PUBLIC HEARING REGARDING A PROPOSED ORDINANCE TO AMEND THE SCHEDULE OF CAPACITY FEES Fee Cate-gory Current Proposed % change Gravity Zone Fee $4,923per RUE $5,298 per RUE +7.6% Pumping Zone Fee $6,509 per RUE $6,949 per RUE +6.8% Staff also proposes to conduct a public hearing on a related recommendation to revise the Schedule of Environmental and Development - Related Rates and Charges at the same Board meeting (April 16, 2009). A coordinated outreach program to inform and solicit input from interested customers regarding both the proposed Capacity Fees and the proposed Environmental and Development - Related Rates and Charges will be conducted by staff before the public hearing date. RECOMMENDED BOARD ACTION: Establish April 16, 2009 as the date for a public hearing to receive comments on and consider adoption of a proposed ordinance to amend the Schedule of Capacity Fees. N: \ENVRSEC \Position Papers \Millier\2009 \Set PH date re 2009 -10 Cap Fees 3 -19 -09 Rev. Final.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 19, 2009 No.: 3.d. Consent Calendar Type of Action: ESTABLISH PUBLIC HEARING DATE Subject: ESTABLISH APRIL 16, 2009 AS THE DATE FOR A PUBLIC HEARING REGARDING A PROPOSED ORDINANCE TO AMEND THE SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND CHARGES Submitted By: Kurt Darner Development Services Supervisor REVIEWED AND RECOMMENDED FOR BOARD ACTION: Initiating Dept. /Div.: Engineering /Environmental Services Da er C. Swanson A. Farrell K. Alm JalfiesAM. Kelly, General Manager ISSUE: The District Code requires that a public hearing be held prior to the Board of Directors' consideration of amendments to the Schedule of Environmental and Development - Related Rates and Charges. RECOMMENDATION: Establish April 16, 2009 as the date for a public hearing to receive comments on and consider adoption of a proposed ordinance to amend the Schedule of Environmental and Development - Related Rates and Charges. FINANCIAL IMPACTS: None by this action. If the staff - proposed revisions to the Environmental and Development - Related Rates and Charge are adopted, 54 fees would remain unchanged, seven fees would increase, eight fees would decrease, one new fee would be established, and the structure for two fee categories would be modified. Staff estimates that increased revenue in the fee categories where fee increases are recommended will likely be balanced by decreased revenue in those fee categories where reduced fees are recommended. ALTERNATIVES /CONSIDERATIONS: The Board of Directors may decline to establish the recommended public hearing date or may elect to choose a different date. However, a public hearing must be held if Environmental and Development - Related Rates and Charges are to be revised. If the hearing is held on April 16, 2009 as recommended, the fees would be effective on July 1, 2009. BACKGROUND: Staff has completed its annual review of the District's Environmental and Development - Related Rates and Charges, and has concluded that it would be appropriate to revise rates and charges to account for a net decrease in the direct salary multiplier for employee benefits and overhead for fiscal year 2009 -10, and to implement a new approach for the calculation of fees for Mainline Plan Review. N: \ENVRSEC \Position Papers \Millier\2009 \PP -Set PH date 2009 -10 Rates & Charges 3 -19 -09 Final.doc Page 1 of 2 POSITION PAPER Board Meeting Date: March 19, 2009 subject ESTABLISH APRIL 16, 2009 AS THE DATE FOR A PUBLIC HEARING REGARDING A PROPOSED ORDINANCE TO AMEND THE SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND CHARGES The recommendation for Mainline Plan Review fees is designed to ensure that projects that require less plan review effort do not subsidize those that require more effort. Staff's proposal is to charge project proponents at the actual hourly salary, benefits and overhead costs with a minimum charge for each job. If adopted, this new approach will replace the previous "base fee" and "per- foot" charges. Only those customers whose plans require repeated reviews and extensive staff time will pay additional plan review fees. Staff also proposes to conduct a public hearing on a related recommendation to revise Capacity Fees at the same Board meeting (April 16, 2009). A coordinated outreach program to inform and solicit input from interested customers regarding both the proposed Capacity Fees and the proposed Environmental and Development - Related Rates and Charges will be conducted by staff before the public hearing date. RECOMMENDED BOARD ACTION: Establish April 16, 2009 as the date for a public hearing to receive comments on and consider adoption of a proposed ordinance to amend the Schedule of Environmental and Development - Related Rates and Charges. N: \ENVRSEC \Position Papers \Millier\2009\PP -Set PH date 2009 -10 Rates & Charges 3 -19 -09 Final.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 19, 2009 No.: 3.e. Consent Calendar Type of Action: ADOPT RESOLUTION Subject: ADOPT A RESOLUTION APPROVING A REAL PROPERTY AGREEMENT WITH DEAN AND PAULA GASSOUMIS, 21 LOST VALLEY DRIVE (APN 272 -230- 016; JOB 1582 - PARCEL 6); AUTHORIZING EXECUTION AND RECORDING OF THE AGREEMENT Submitted By: Initiating Dept /Div.: Jarred Miyamoto -Mills Engineering / Environmental Services Principal Engineer REVIEWED AND RECOMMENDED FOR BOARD ACTION: J. Miyamoto -Mills C. Swanson A. Farrell K. Alm Jafne . Kelly, General Manager ISSUE: As provided in the recently adopted Chapter 7.15 of the District Code, Dean and Paula Gassoumis, the owners of the property at 21 Lost Valley Drive in Orinda have requested that the Board approve a Real Property Agreement to allow improvements on the property to remain within a District easement. RECOMMENDATION: Approve a Real Property Agreement; authorize the President of the Board and the District Secretary to execute the agreement, and authorize staff to record the agreement. FINANCIAL IMPACTS: The property owners have paid the applicable $835 Real Property Agreement processing fee, and have signed the proposed agreement that would obligate them to pay any incremental District costs attributable to the presence, maintenance or use of the improvements within the easement. ALTERNATIVES /CONSIDERATIONS: Reject agreement and direct staff to seek removal of the existing improvements. BACKGROUND: Recently, it was discovered that portions of the second floor of the home at 21 Lost Valley Drive in Orinda and foundations for columns supporting these structures and a brick and concrete patio exist over and within a District easement on the property. The owners have requested that the existing improvements and a small additional deck be allowed to remain within the easement subject to a Real Property Agreement as shown in Attachment 1. The owners have signed a Real Property Agreement as provided in Chapter 7.15 of the District Code. Engineering and Collection System Operations staff has determined that the existing public sewer on the property is in good condition, and that the proposed improvements will not significantly interfere with the District's use. The agreement limits what may be N: \ENVRSEC \Position Papers \Miyamoto- Mills\2009 \PP RPA- Gassoumis OR Qm2- Final) 3- 19- 09.doc Page 1 of 2 POSITION PAPER Board Meeting Date: March 19, 2009 subject ADOPT A RESOLUTION APPROVING A REAL PROPERTY AGREEMENT WITH DEAN AND PAULA GASSOUMIS, 21 LOST VALLEY DRIVE (APN 272 -230- 016; JOB 1582 - PARCEL 6); AUTHORIZING EXECUTION AND RECORDING OF THE AGREEMENT installed or planted within the easement area in the future. The owners accept liability for any damage it may cause to the District's facilities. Further, the owners agree to hold the District harmless from all claims and liability for injury to persons or to property as a result of the presence of the improvements within the District's easement. Further, the owners agree not to impede District's routine and emergency access to the property, and to remove the improvements (except for the portion of the home's second floor) if ordered by the District to do so. Staff has concluded that this project (execution of the Real Property Agreement) is exempt from compliance with the California Environmental Quality Act (CEQA) under the CEQA Guidelines, Section 15304, since it involves a minor alteration of the District's land -use policies. The Board's approval of this agreement will constitute a determination that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Approve the Real Property Agreement and authorize the Board President and District Secretary to execute the agreement; and authorize staff to record the document with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers\Miyamoto- Mills\2009\PP RPA- Gassoumis OR Qm2- Final) 3- 19- 09.doc Page 2 of 2 a J C N I � Y l t (CMC., A• �� �,.t Y � 1� I ' n .�+r ♦+'ii'q _ _� _ ._, •- � =�ar.r ,1 - -' _ .._ - _ -� Asa+_ _ . n.�•�� . c::r_ i Central Contra Costa Sanitary District r V b v N 4f IF, .n i__r.� _... -�. - __ - 1 i f �I i! I 1, t GASSOUMIS RESIDENCE 21 LOST VALLEY DRIVE ORINDA, CA 1 W r ^r ! (k I �J7 J � i Z� ^ 1 Attachment 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 19, 2009 No.: 3. f . Consent Calendar Type of Action: RECEIVE ANNUAL REPORT subject: RECEIVE THE 2008 ANNUAL REPORT OF THE DEFERRED COMPENSATION PLAN ADVISORY COMMITTEE Submitted By: Initiating DeptJDiv.: Debbie Ratcliff, Controller Administrative /Finance & Accounting REVIEWED AND RECOMMENDED FOR BOARD ACTION: D. Rat ' fV F/Mg4graves Ja es . Kelly, General Manager ISSUE: The Deferred Compensation Plan Advisory Committee (Committee) respectfully submits its 2008 Annual Report. RECOMMENDATION: Receive the Annual Report of the Deferred Compensation Plan Advisory Committee for 2008 and provide any comments to staff. FINANCIAL IMPACTS: None ALTERNATIVES /CONSIDERATIONS: None BACKGROUND: The Board of Directors approved the establishment of the Committee in January 1982. The scope of activities of the Committee includes: • Establishing internal administrative procedures • Educating participants regarding the Plan • Reviewing emergency withdrawal requests • Reviewing investment performance of the Plan • Submission of an annual report to the Board of Directors and Plan participants The Committee is made up of the following Departmental representatives: Debbie Ratcliff, Controller — Chairperson David Rolley, Accounting Technician III —Administrative Michael Penny, Associate Engineer — Engineering Roseanna Barrett, Administrative Srvs Supv. — Collection System Operations Matthew Mahoney, Maintenance Planner — Plant Operations RECOMMENDED BOARD ACTION: Receive the Annual Report of the Deferred Compensation Plan Advisory Committee for 2008 and provide any comments to staff. NAACCOUNTING \GMTEMP1 \DEFERRED COMP\ 2005 Wnnual.Report.2005.Def.Comp.doc Central Contra Costa Sanitary District DEFERRED COMPENSATION PLAN ADVISORY COMMITTEE ANNUAL REPORT JANUARY 2008 — DECEMBER 2008 The Deferred Compensation Plan Advisory Committee (the Committee) was established by the Board of Directors to facilitate the internal administration of the District's Deferred Compensation Plan. The scope of the Committee's activities encompass the following: • Establish internal District administrative procedures within the provisions of the Deferred Compensation Plan document. • Educate participants regarding the plan provisions by issuing a handbook which summarizes the Deferred Compensation Plan and responding to questions from participants. • Review accountability by the Program Administrators, Hartford Life Insurance Company (Hartford), Nationwide Retirement Solutions, and ICMA Retirement Corporation (ICMA) and respond to participants' queries regarding accuracy or propriety of account balances. • Review participants' requests for emergency withdrawal of funds and make recommendations for acceptance or denial to the Board of Directors. • Review investment performance of the Deferred Compensation Plan on an annual basis. During the period of January 2008 through December 2008, the Committee addressed all of the activities included in its scope of responsibilities through the conscientious efforts of all of the Committee members. The performance of Hartford, Nationwide Retirement Solutions, and ICMA in administering the Deferred Compensation Plan during the 2008 report is considered to be satisfactory. The performance results of the Hartford, Nationwide Retirement Solutions, and IMCA stock and bond investments for the calendar year 2008 follow. NAACCOUNTING\GMTEMPI \DEFERRED COMP\ 2005 \Annual.Report.2005.Def.Comp.doc Please note the following when reviewing Plan results: ■ Market index benchmarks have been provided for comparative purposes only. These indexes reflect broad based changes in the market conditions based on average performance. Indices are unmanaged and reflect no fees or expenses and are not available for direct investment. ■ Rate of returns quoted by providers and fund managers include reinvestment of capital appreciation (depreciation), plus realized gain (losses), dividends and interest income. ■ All rate of return performance results are net of annual asset -based fees, which include fund managers fees and expenses, marketing fees and plan administrative fees. ■ In general, plan administrative fees are charged by the carriers and differ between the carriers. The basic plan administrative fees are as follows: Nationwide Retirement Solutions An annual plan administrative fee of .29 percent is deducted from the participants account and is based on the participant's account balance. ICMA There is no plan administrative fee. Hartford The plan administrative fee is .25 percent for all funds with the exception of the General Account. For additional information on fee charges, consult with your plan provider. The above information is general information. Additional fees may be incurred for other items such as transfers and withdrawals. See Attachment 1 to this report. Results shown represent past performance and are not a guarantee of future performance. Ask your Plan Representative for a current prospectus for each fund in which you are interested. The current prospectus presents more complete information about the fund including fund charges and expenses. Read it carefully before investing in that option under the Plan. NAACCOUNTING\GMTEMP1 \DEFERRED COMP\ 2005 \Annual.Report.2005.Def.Comp.doc Helpful Definitions ■ Balanced Fund is a mutual fund that invests in a combination of common stock, preferred stock, bonds and short term bonds, to provide both income and capital appreciation, while managing volatility and avoiding excessive risk. ■ Blue Chip Company is used in the context of general stock market investments. Large and creditworthy company. Company renowed for the quality and wide acceptance of its products or services, and for its ability to make money and pay dividends. ■ Dollar Cost Averaging or Constant Dollar Plan is a method of purchasing securities by investing a fixed amount of money at set intervals. The investor buys more shares when the price is low and fewer shares when the price is high, thus reducing the average cost. ■ Dow Jones Industrial Average or DJIA is the best known U.S. index of stocks. It is comprised of 30 actively traded blue -chip stocks, primarily industrials, including stocks that trade on the New York Stock Exchange. The Dow, as it is called, is an indicator of how the largest U.S. companies are performing. Measuring the Dow Jones Industrial Average is used to gauge the direction of the stock market. ■ Indexing is a passive instrument strategy consisting of the construction of a portfolio of stocks designed to track the total return performance of an index of stocks. ■ Lehman Brothers Bond Index is an unmanaged list of U.S. Treasury/Agency and investment grade corporate debt securities. It is used as a general measure of performance of fixed income securities. ■ MSCI Europe, Australia /Asia, and far East or EAFE index is the European, Australian, and Far East stock index, computed by Morgan Stanley Capital International. This index is used to measure the general performance of the international market. ■ Model Portfolio fund is a fund that consists of a combination of stocks, bonds and cash equivalents in a preset or predetermined ratio based on market risk tolerance. Model Portfolios are rebalanced, typically every quarter, to maintain adherence to the preset ratio. ■ Mutual Funds are pools of money that are managed by an investment company and regulated by the Investment Company Act of 1940. The investment company purchases securities which become jointly owned by its shareholders. The fund's portfolio is managed by a professional money manager. They offer investors a variety of goals depending on the fund and can invest in equity, debt, cash, real estate, options and futures. NASDAQ (once an acronym for National Association of Securities Dealers Automated Quotation System) is a computerized system that provides price quotations to market participants about the more actively traded common stock issues in the over the counter market. This market is comprised of securities not listed on a stock or bond exchange. Large technology stocks have a major effect on this index value. The NASDAQ stock market is comprised of two separate markets, namely the NASDAQ National Market, which trades large, active securities and the NASDAQ Smallcap Market that trades emerging growth companies. The NASDAQ market includes approximately 5,000 common stocks in the system. Standard & Poor's 500 or S &P 500 is an index of blue chip stocks, which measures changes in stock market conditions based on the average performance of 500 widely held common stocks. The S &P 500 is one of the most widely used benchmarks of U.S. equity performance. This index tracks industrial, transportation, financial and utility stocks with heavy emphasis on industrial companies. Treasury Bill or T Bill is a discounted government security that matures in one year or less. It is a negotiable debt obligation issued by the U.S. government. CCCSD Deferred Comp Distribution BY ADMINISTRATOR AND INVESTMENT TYPE CCCSD Deferred Comp Distribution BY ADMINISTRATOR December 31, 2008 HARTFORD $5,784,387 NATIONWIDE 10.26% $7,343,940 13.03% ICMA 401(a) $14,528,127 25.78% ICMA 457 $28,701,715 50.93% ■ NATIONWIDE ■ ICMA 457 ❑ ICMA 401(a) ❑ HARTFORD CCCSD Deferred Comp Distribution BY INVESTMENT TYPE December 31, 2008 STOCK SAVINGS $19,929,405 $26,327,395 35.36% 46.72% BONDS $2,492,167 4.42% BALANCED FUNDS $7,609,202 13.50% ■STOCK ■BONDS El BALANCED FUNDS 1:1 SAVINGS CALENDAR YEAR ENDED DECEMBER 31, 2008 NATIONWIDE INVESTMENT TYPE % RETIREMENT ICMA 457 ICMA 401(a) HARTFORD TOTAL STOCK 35.4% $2,948,135 $9,549,893 $5,170,893 $2,260,484 $19,929,405 BONDS 4.4% 584,809 1,060,484 579,270 267,604 2,492,167 BALANCED FUNDS 13.5% 724,465 3,976,820 2,846,571 61,346 7,609,202 SAVINGS 46.7% 3,086,531 14,114,518 5,931,393 3,194,954 26,327,395 TOTAL INVESTMENTS 100.0% $7,343,940 $28,701,715 $14,528,127 $5,784,387 $56,358,169 CCCSD Deferred Comp Distribution BY ADMINISTRATOR December 31, 2008 HARTFORD $5,784,387 NATIONWIDE 10.26% $7,343,940 13.03% ICMA 401(a) $14,528,127 25.78% ICMA 457 $28,701,715 50.93% ■ NATIONWIDE ■ ICMA 457 ❑ ICMA 401(a) ❑ HARTFORD CCCSD Deferred Comp Distribution BY INVESTMENT TYPE December 31, 2008 STOCK SAVINGS $19,929,405 $26,327,395 35.36% 46.72% BONDS $2,492,167 4.42% BALANCED FUNDS $7,609,202 13.50% ■STOCK ■BONDS El BALANCED FUNDS 1:1 SAVINGS CCCSD Deferred Comp Stocks and Mutual Funds Calendar Year Ended December 31, 2008 Rate of Return ( %) Market Index Benchmarks MSCI Europe, Australia/Asia, and Far East (EAFE) - 43.06% Dow Jones Industrial Average - 33.80% Standard & Poor's 500 - 37.00% Nationwide - Source: Available Investment Options Without Plan Charges, less .29% Nationwide plan administration fee as of 12/31/08. Templeton Foreign Fund * N/A Dreyfus Premier Small Cap Value R ** N/A AIM Mid Cap Core Equity A - 27.74% Brown Capital Management, Inc., Small Company - 30.43% Nationwide US Small Cap Value Inst. Svc * ** - 31.73% Vanguard Primecap - 32.70% Washington Mutual Investors - 33.39% JP Morgan Mid Cap Value A - 33.53% Investment Company of America - 35.02% Vanguard Windsor II - 36.99% DFA U.S. Micro Cap Portfolio - 37.01% Vanguard Institutional Index - 37.24% Fidelity Contrafund - 37.45% Vanguard US Growth -38.11% Neuberger & Berman Socially Responsive - 39.06% Growth Fund of America - 39.36% Nationwide Large Cap Growth - 39.77% Janus Fund - 40.13% EuroPacific Growth Fund - 40.82% Oppenheimer Global Fund A - 41.32% Fidelity Equity Income Fund - 41.64% Nationwide Fund A - 41.97% Federated Kaufmann Fund K -42.51% Janus Adviser Forty S -44.31% DWS High Return Equity A 45.79% Fidelity Magellan Fund - 49.69% Nationwide International Val Inst. Svs * ** - 50.21% Fidelity Growth & Income Fund - 51.18% " Replaced with Nationwide US Small Cap Value Inst. Services Fund on 6/25/08. ** Replaced with Nationwide International Value Inst. Services Fund on 6/25108. * ** New fund available effective 6/25/08. CCCSD Deferred Comp Stocks and Mutual Funds Calendar Year Ended December 31, 2008 Rate of Return ( %) Market Index Benchmarks MSCI Europe, Australia /Asia, and Far East (EAFE) - 43.06% Dow Jones Industrial Average - 33.80% Standard & Poor's 500 - 37.00% Nationwide (cont'd)- source: Available Investment Options Without Plan Charges, less .29% Nationwide plan administration fee as of 12/31/08. Asset Allocation Funds Gartmore Investor Destinations Funds Conservative -6.47% Moderately Conservative - 15.28% Moderate - 23.46% Moderately Aggressive - 31.60% Aggressive - 37.06% NW Dest 2015 Inst. Svc -24.91% NW Dest 2020 Inst. Svc -27.51% NW Dest 2025 Inst. Svc - 30.00% NW Dest 2030 Inst. Svc -33.21% NW Dest 2035 Inst. Svc - 35.13% NW Dest 2040 Inst. Svc - 37.55% NW Dest 2045 Inst. Svc - 37.97% NW Dest 2050 Inst. Svc - 38.05% NW Retire Inc Inst Svc - 11.59% Gartmore Investor Destinations Funds are designed to provide diversification and asset allocation across types of investments and asset classes. Balanced Funds Vanguard Wellington Fund Income Fund of America Fidelity Puritan Fund - 22.59% - 29.14% - 29.45% Info only: (Existing balances will remain in the phased -out funds until moved by the participant.) Fidelity Independence Fund* - 48.39% American Century Growth Fund* - 38.09% American Century Select Fund* - 39.99% Rate of return was obtained from Morningstar, less .29% Nationwide plan administration fee. Fund is no longer open to new investments, but Nationwide allows previous balances to remain. CCCSD Deferred Comp Stocks and Mutual Funds Calendar Year Ended December 31, 2008 Rate of Return ( %) Market Index Benchmarks MSCI Europe, Australia /Asia, and Far East (EAFE) - 43.06% Dow Jones Industrial Average - 33.80% Standard & Poor's 500 - 37.00% ICMA - Source: ICMA Retirement Corporation Fund Performance Report as of 12/31/2008. Vantaaepoint Funds - 13.76% VP Select Value` - 33.96% VP Broad Market Index Class II - 36.97% VP 500 Stock Index Class II - 37.15% VP Growth & Income - 38.16% VP Mid /Small Company Index Class II - 38.44% VP Discovery* -38.51% VP Equity Income - 39.19% VP Aggressive Opportunities - 41.29% VP Overseas Equity Index Class II - 41.90% VP International - 42.03% VP Growth - 42.89% New fund effective 4/11/08. Balanced Funds - 13.76% Vantaaepoint Model Portfolio Funds - 17.34% VP Savings Oriented - 11.67% VP Conservative Growth - 17.56% VP Traditional Growth - 25.39% VP Long Term Growth - 30.99% VP All Equity Growth - 39.86% Vantaaepoint Milestone Portfolio Funds* VP Milestone Retirement - 13.76% VP Milestone 2010 - 17.34% VP Milestone 2015 - 23.54% VP Milestone 2020 - 26.86% VP Milestone 2025 - 29.90% VP Milestone 2030 - 32.54% VP Milestone 2035 -34.91% VP Milestone 2040 - 36.13% Other Balanced Funds VT Fidelity Puritan - 29.16% VP Asset Allocation -36.71% Milestone funds, which became effective 2/5/05, automatically become more conservative as the account ages. Vantagepoint Funds (VP) are certain funds available through ICMA. These funds are sponsored by the ICMA Retirement Corporation and registered with the U.S. Securities and Exchange Commission. CCCSD Deferred Comp Stocks and Mutual Funds Calendar Year Ended December 31, 2008 Rate of Return ( %) Market Index Benchmarks MSCI Europe, Australia /Asia, and Far East (EAFE) - 43.06% Dow Jones Industrial Average - 33.80% Standard & Poor's 500 - 37.00% ICMA (cont'd) - Source: ICMA Retirement Corporation Fund Performance Report as of 12/31/2008. VantageTrust Mutual Fund Series VT Black Rock Large Cap Core Ret.* N/A VT Templeton Growth A * ** N/A VT Fidelity Small Cap Retirement * ** N/A VT American Century Value - 26.70% VT Royce Premier -28.41% VT T. Rowe Price Small Cap Value - 28.74% VT T. Rowe Price Small Cap Stock - 33.50% VT Calvert Social Investment - 35.53% VT Gold Sacs Mid Cap Value - 36.73% VT Lord Abbett Large Company Value - 37.13% VT Fidelity Contrafund - 37.16% VT Royce Value Plus Service ** - 41.07% VT Columbia Mid Cap Value Fund ** - 41.64% VT T. Rowe Price Growth Stock - 42.38% VT Harbor Mid Cap Growth Adm. ** - 42.90% VT American Century Real Estate - 43.26% VT Fidelity Diversified International - 45.21% VT Third Avenue Value - 45.60% VT Hotchkis & Wiley Large Cap Value - 46.84% VT Rainier Small /Mid Cap Equity - 48.79% VT Fidelity Magellan - 49.40% VT Legg Mason Value FI - 54.77% VantageTrust Mutual Fund Series (VT) invests in a third -party mutual fund which is not affiliated with the ICMA Retirement Corporation. New fund added 7/18/2008. Returns for the year are not available. ** Fund added 7/18/2008. * ** Fund closed 4/11/08. CCCSD Deferred Comp Stocks and Mutual Funds Calendar Year Ended December 31, 2008 Rate of Return ( %) Market Index Benchmarks MSCI Europe, Australia /Asia, and Far East (EAFE) - 43.06% Dow Jones Industrial Average - 33.80% Standard & Poor's 500 - 37.00% Hartford - Source: Investment Choices Performance Plan Summary Statement as of 1213112008. Hartford Global Technology` N/A Hartford Global Equity HLS N/A American Century Equity Income - 20.25% Hartford Global Health - 25.75% American Century Value - 26.88% Hartford Dividend and Growth - 32.60% Dreyfus Premier Third Century - 34.72% American Century Income & Growth - 34.84% Hartford MidCap - 35.48% MFS Massachusetts Investors Growth - 37.11% Hartford Index - 37.27% MFS Utilities - 37.69% MSF Core Equity Fund - 38.07% DWS Growth & Income - 38.63% AIM Small Capital Growth - 38.90% Skyline Special Equities - 40.30% Hartford Small Company - 40.75% Fidelity Advisor Growth & Income - 41.77% Putnam International Opportunities - 41.87% American Century Ultra Fund - 41.88% Janus Twenty - 42.12% Hartford International Opportunities - 42.39% Franklin Small -Mid Cap Growth - 42.66% AIM Leisure - 42.88% Janus Enterprise - 43.27% Hartford Stock - 43.27% AIM Technology - 44.70% Janus Worldwide - 45.16% American Century International Growth - 45.35% Putnam Global Equity - 45.56% Putnam Vista - 45.72% Hartford Capital Appreciation - 45.73% Janus Advisor International Growth - 49.14% Fidelity Advisor Growth Opportunities - 55.49% AIM Financial Services - 60.36% aged witn namora gloom tquay nLZ:i on tsizliuts Balanced Funds Dreyfus Life Time Growth* N/A Dreyfus Life Time Income* N/A Janus Balanced - 15.43% Dreyfus Life Time Growth & Income - 22.64% Fidelity Advisor Balanced -28.51% Calvert Social Balanced - 31.50% Hartford Advisers -31.81% CCCSD Deferred Comp Saving Performance Calendar Year Ended December 31, 2008 Rate of Return ( %) Market Index Benchmark 90 Day T -Bill 2.06% Nationwide - Average annual yield rate. Stable Value Fund 3.95% 5 YR CDs 3.24% 3 YR CDs 2.82% Liquid Savings 2.44% ICMA - Source: ICMA Retirement Corporation Fund Performance Report as of 1213112008. VantaQepoint Funds VP Money Market 2.41% Plus Funds Plus Fund (401a) 4.66% Plus Fund (457) 4.66% Vantagepoint Funds (VP) are certain funds available through ICMA. These funds are sponsored by the ICMA Retirement Corporation and registered with the U.S. Securities and Exchange Commission. Hartford - Source: Investment Choices Performance Plan Summary Statement as of 12/3112008. Money Market 1.88% General Account 4.00% CCCSD Deferred Comp Bond Performance Calendar Year Ended December 31, 2008 Rate of Return ( %) Market Index Benchmark Broad Market Barclays Aggr. 5.24% Nationwide - Source: Available Investment Options Without Plan Charges, less .29% Nationwide plan administration fee as of 12131108. Bond Fund of America - 12.53% Vanguard Total Bond Index Adm - 22.59% DWS High Income Fund A - 23.93% ICMA - Source: ICMA Retirement Corporation Fund Performance Report as of 1213112008. Vantagepoint Fund VP Core Bond Index Class II 4.82% VT PIMCO Total Return 4.56% VP Inflation Protection Securities -0.40% VT PIMCO High Yield - 23.87% VantageTrust Mutual Fund Series (VT) invests in a third -party mutual fund which is not affiliated with the ICMA Retirement Corporation. Vantagepoint Funds (VP) are certain funds available through ICMA. These funds are sponsored by the ICMA Retirement Corporation and registered with the U.S. Securities and Exchange Commission. Hartford - Source: Investment Choices Performance Plan Summary Statement as of 1213112008. Dreyfus Premier Core Bond* 3.44% Hartford Mortgage Securities ** 3.13% Hartford US Government Securities HLS -0.89% Dreyfus Premier Intermediate Term Income -6.26% Hartford Total Return Bond -7.86% Putnam High Yield Advantage - 24.41% MFS High Income - 28.69% * Merged with Drefus Premier Intermediate Term Income Fund on 5/15/08. ** Closed on 9/26/08 and replaced by Hartford US Government Securities HLS CENTRAL CONTRA COSTA SANITARY DISTRICT SUMMARY OF FEES - ATTACHMENT 1 AS OF MARCH 2009 FEES CHARGED BY PROVIDERS (Based on account balance) Plan Fees Annual Plan Administrative Fee Fund Expenses Stable Value Fund (Total Fee Charged) 3 &5 YR CD's, and Liquid Savings Plus Fund Management General Account (Savings)* Model Portfolio Fund Fee FEES CHARGED BY THE FUND MANAGERS Fund Fee PROVIDERS NATIONWIDE ICMA HARTFORD 0.29% NONE 0.25 %* 0.49% N/A N/A 0.00% N/A N/A N/A 0.46% N/A N/A N/A 0.00% .88-.91% 0.61 -1.10% N/A 0.05-2.48% 0.24-1.40% 0.46-1.50% These expenses are charged by the fund managers, which include Advisory Fees, 12b -1 Fees, Operating Expenses and Other Fees charged by the individual funds. These fees and expenses differ for each fund invested. As a general rule, the higher the potential reward, the higher the risk, the higher the fee. The reverse is also generally true, the lower the potential reward, the lower the risk, the lower the fee. * Hartford's General Account (Savings) is not subject to plan fees. NAADMINTINANCE \Deferred Comp 2006 Summary.doc Page 13 of 13 4.a. Hearings HEARING TO CONSIDER RELINQUISHMENT OF SEWER FACILITIES AT 2700 MITCHELL DRIVE, WALNUT CREEK, TO VARIAN, INC. SUGGESTED AGENDA March 19, 2009 Request Staff Report II. Hearing A. Open Hearing. B. Receive comments, if any. C. Close Hearing. III. Discussion IV. Recommended Actions: A. Adopt resolutions ordering relinquishment of the sewer and authorizing execution of a quitclaim deed for its associated easement to the property owners (Varian, Inc.) and authorizing staff to record the documents with the Contra Costa County Recorder. N: \ENVRSEC \Position Pape rs\Hern a ndez R\2009\Agenda for Relinquishment Hearing 03- 19- 2009.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 19, 2009 No.: 4.a. Hearings Type of Action: CONDUCT HEARING; ADOPT RESOLUTIONS subject: CONDUCT A HEARING TO CONSIDER RELINQUISHMENT OF A DISTRICT SEWER AT 2700 MITCHELL DRIVE, WALNUT CREEK; AND ADOPT RESOLUTIONS ORDERING RELINQUISHMENT OF THE SEWER, AUTHORIZING EXECUTION OF A QUITCLAIM DEED FOR ITS ASSOCIATED EASEMENT TO VARIAN, INC., AND AUTHORIZING RECORDING OF THE DOCUMENTS (DISTRICT JOB 916, PARCEL 1) Submitted By: Initiating Dept /Div.: Ricardo Hernandez, SR/WA Engineering /Environmental Services Senior Right of Way Agent REVIEWED AND RECOMMENDED FOR BOARD ACTION: Hernandez — (�w A. Farrell K. Alm Ja6he Kelly, General Manager ISSUE: A resolution of the Board of Directors is required to relinquish a sewer facility or quitclaim an easement. The Board must conduct a hearing before considering a Resolution for Relinquishment and a two- thirds vote is required for adoption of the resolution. The District must send the property owner a written notice of the date and time of the Board meeting where the relinquishment hearing will be conducted. RECOMMENDATION: Conduct a hearing to consider relinquishment of a public sewer at 2700 Mitchell Drive, Walnut Creek. Adopt resolutions ordering relinquishment of the sewer, authorizing execution of a quitclaim deed for its associated easement to the property owner (Varian, Inc.), and authorizing recording of the documents with the Contra Costa County Recorder. FINANCIAL IMPACTS: The property owners have paid a $907 fee for preparation, processing and recording the quitclaim deed and resolution. ALTERNATIVES /CONSIDERATIONS: The Board could decline to relinquish the sewer and also decline the respective request to quitclaim the easement. If the sewer remains in the District's collection system, numerous encroachments within the existing easement will need to be resolved. BACKGROUND: Varian, Inc., the owners of the property at 2700 Mitchell Drive, Walnut Creek, had requested the District to allow an encroachment consisting of an electrical transformer within a District easement on their property. After reviewing their request, staff has determined that relinquishing the sewer would be a better option in this case. The existing sewer's easement is currently encumbered by numerous N: \ENVRSEC \Position Papers \Hernandez R\2009 \PP Varian - Relinq Final 3- 19- 09.doc Page 1 of 2 POSITION PAPER Board Meeting Date: March 19, 2009 subject: CONDUCT A HEARING TO CONSIDER RELINQUISHMENT OF A DISTRICT SEWER AT 2700 MITCHELL DRIVE, WALNUT CREEK; AND ADOPT RESOLUTIONS ORDERING RELINQUISHMENT OF THE SEWER AND AUTHORIZING EXECUTION OF A QUITCLAIM DEED FOR ITS ASSOCIATED EASEMENT TO VARIAN, INC., AND AUTHORIZING RECORDING OF THE DOCUMENTS (DISTRICT JOB 916, PARCEL 1) encroachments including other utilities related to past development of the land by its owners. Additionally, the sewer serves only the one property (map attached). District staff has concluded that this sewer is no longer needed as a public facility. To accommodate the property owners' future improvements within the existing sewer easement, Varian, Inc., has requested the District to relinquish the public sewer on their property and quitclaim the easement. Recently adopted District Code Section 9.40.030 provides for the Board to consider relinquishment of a District sewer after conducting a properly noticed hearing, and Section 7.03.020 sets the procedure for quitclaiming easements. The required notice has been sent to Varian, Inc., the owner of record. RECOMMENDED BOARD ACTION: Conduct a hearing to consider relinquishment of a public sewer at 2700 Mitchell Drive, Walnut Creek. Adopt resolutions ordering relinquishment of the sewer and authorizing execution of a quitclaim deed for its associated easement to the property owners (Varian, Inc.), and authorizing recording of the documents with the Contra Costa County Recorder. NAENVRSEMPosition Papers \Hernandez R\2009 \PP Varian - Relinq Final 3- 19- 09.doc Page 2 of 2 T Attachment 1 N o zoo aoo FEEr LOCATION MAP N.T.S. GP�P G�5 , GO , , SEWER TO BE RELINQUISHED , , , EASEMENT TO BE QUITCLAIMED ` 0O , , Q, , , , 0 LEGEND: —�- SEWER TO BE RELINQUISHED —Q-- EXISTING SEWER Central Contra Costa Drawing No. Sanitary District VARIAN INC. , SEWER RELINQUISHMENT 2700 MITCHELL DRIVE, WALNUT CREEK MAP Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 19, 2009 No.: 6.a. Bids and Awards Type of Action: AWARD CONSTRUCTION CONTRACT /AUTHORIZE EXECUTION OF CONTRACT DOCUMENTS Subject: AWARD A CONSTRUCTION CONTRACT AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS WITH MCNAMARA & SMALLMAN CONSTRUCTION, INC FOR THE CONSTRUCTION OF THE DANVILLE SEWER RENOVATIONS, PHASE 2, DISTRICT PROJECT NO. 5954 Submitted By: Initiating Dept. /Div.: Nathaniel Morales, Assistant Engineer Engineering / Capital Projects RE IEW AND RECOMMENDED FOR BOARD ACTION: C3u9t l N. Morales A. Antkowiak ecki A. Far J e . Kelly, General Manager ISSUE: On March 4, 2009, 24 sealed bids were received and opened for the construction of the Danville Sewer Renovations, Phase 2, District Project No. 5954. The Board of Directors must award the contract or reject bids within 50 days of the bid opening. Authorize the General Manager to execute the contract documents subject to SUBMITTAL requirements. RECOMMENDATION: Find that the project is exempt from the California Environmental Quality Act (CEQA), award a construction contract, and authorize the General Manager to execute the Contract Documents subject to favorable review of insurance certificates, bond submittals, appropriate Contractor license, and any other required submittals (SUBMITTALS). FINANCIAL IMPACTS: $330,000, including design, bid price, contingency, and construction management. ALTERNATIVES /CONSIDERATIONS: Reject all bids, which is not recommended. BACKGROUND: The District's collection system has pipe segments that range in age from new to over 100 years. Some of the pipe segments are at or near the end of their useful life as evidenced by their need for frequent maintenance, high rate of infiltration, and /or threat of structural collapse. In 1991, the District implemented a sewer renovation program. Since that time an annual allowance for this program has been included in the Capital Improvement Budget and Plan. The Collection System Renovation Program is an ongoing series of projects. Candidate sewer line segments are identified, evaluated, and placed on a priority list for replacement/renovation. Staff N: \PESUP \Cbradley \POSITION PAPERS \Morales \5954- PP - Award.doc Page 1 of 7 POSITION PAPER Board Meeting Date: March 19, 2009 subject: AWARD A CONSTRUCTION CONTRACT AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS SUBJECT TO SUBMITTAL REQUIREMENTS WITH MCNAMARA & SMALLMAN CONSTRUCTION, INC FOR THE CONSTRUCTION OF THE DANVILLE SEWER RENOVATIONS, PHASE 2, DISTRICT PROJECT NO. 5954 of the Collection System Operations Division and Engineering Department identified the candidate sewer lines." This project is the second phase of five in Danville (see Attachment 1). District staff accelerated the schedule for this project to coordinate with Danville's paving plans for this summer. The Danville Sewer Renovations, Phase 2, will replace 1,300 linear feet of 6 -inch sewer lines by open cut in the public rights -of -way in the northwestern corner of Danville. District staff prepared the plans and specifications for the project. The Engineer's estimate for construction of the Danville Sewer Renovations, Phase 2, is $260,000. This project was advertised on February 4 and 17, 2009. Twenty -four (24) sealed bids ranging from $176,581 to $319,960 were received and publicly opened on March 4, 2009. The Engineering Department conducted a technical and commercial review of the bids and determined that McNamara & Smallman Construction, Inc. is the lowest responsive bidder with a bid amount of $176,581 (32% below Engineer's Estimate). A summary of bids received is shown in Attachment 2. The District will administer the construction contract and will provide contract administration, inspection, survey, office engineering, and submittal review. The funds required to complete this project, as shown in Attachment 3, are $200,000. The total cost of the Danville Sewer Renovations, Phase 2, is anticipated to be $330,000. This project is included in the fiscal year (FY) 2008 -09 Capital Improvement Budget (CIB) on pages CS -11 and CS -12. Staff has conducted a cash -flow analysis of the Collection System Program budget and concluded that adequate funds are available for this project. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15302, since it replaces existing facilities with negligible expansion of capacity. Authorization of the construction contract for this project will establish the Board of Directors' independent finding that the project is exempt from CEQA. RECOMMENDED BOARD ACTION: Find that the project is exempt from CEQA, award a construction contract in the amount of $176,581 for the construction of the Danville Sewer Renovations, Phase 2, District Project No. 5954, to McNamara & Smallman Construction, Inc., the lowest responsive bidder, and authorize the General Manager to execute the Contract Documents subject to SUBMITTAL requirements. NAPESUP\Cbradley \POSITION PAPERS \Morales \5954- PP - Award.doc Page 2 of 7 Page 3 of 7 VAI -�-EY ATE ZL �� WN R \ ¢ c7 > PROJ O z u� 3 D1ABL0 a > RD O D RD 9 LOCATION MAP g, N.T.S. KM T DR VI A J C ,o 90 E R r. G\P �P S L Y 'O O O r �O O 9 G O DIABLO COUNTRY CLUB 0 0 N E a LEGEND: o 4W rn �� PROJECT AREA N O V FEET Y Central Contra Costa Attachment No. s Sanitary District o N ' DANVILLE SEWER RENOVATION PHASE 2 1 0 Page 3 of 7 ATTACHMENT 2 DANVILLE SEWER RENOVATIONS, PHASE 2 DISTRICT PROJECT 5954 SUMMARY OF BIDS PROJECT NO.: 5954 NO. OF ADDENDA: 0 DATE/TIME: MARCH 4, 2009 / 2 PM PROJECT NAME: DANVILLE SEWER RENOVATIONS, PHASE 2 PROJECT MANAGER: NATHANIEL MORALES PROJECT LOCATION: DANVILLE, CALIFORNIA ENGINEER EST.: $260,000 NO. BIDDER BID PRICE McNamara & Smallman Construction, Inc. $176,581 1756 Holmes Street Livermore, CA 94550 925 - 606 -7190 2 A -1 Septic Construction, Inc. $179,050 24875 Palomares Road Castro Valley, CA 94552 510- 885 -0500 3 GL Engineering $188,390.10 2112 Calla Lily Common P. O. Box 2783 Livermore, CA 94551 925 - 848 -7869 4 Peak Engineering, Inc. $192,642 477 Roland Way Oakland, CA 94621 -2014 510- 553 -1533 5 K. J. Woods Construction Co. $193,976 2625 Judah Street, No. 2 San Francisco, CA 94122 415- 759 -0506 6 California Trenchless, Inc. $197,376 2283 Dunn Road Hayward, CA 94545 510- 697 -4578 7 North Bay Construction $199,972 431 Payran Street Petaluma, CA 94955 -6004 707 - 763 -2891 NAPESUP\Cbradley \POSITION PAPERS \Morales \5954- PP - Award.doc Page 4 of 7 8 William G. McCullough Co. $206,208 2625 E.1 81h Street Antioch, CA 94509 925 - 755 -5410 9 Ghilotti Company $206,470 246 Ghilotti Avenue Santa Rosa, CA 95407 707 - 585 -1221 10 D & D Pipelines $211,750 629 Divisadero Street San Francisco, CA 94117 415- 441 -2006 11 Pacific Underground Construction $219,628 1817 Stone Avenue San Jose, CA 95125 408 - 977 -1655 12 EPS, Inc. $221,950 307 North Amphlett Boulevard San Mateo, CA 94401 13 Farallon Company $226,936 60 Monroe Court Novato, CA 94947 415- 892 -7760 14 Terracon Pipelines $228,030 P. O. Box 276 150 Alexander Valley Road Healdsburg, CA 95448 707 - 433 -0323 15 Platinum Pipelines $228,236 11501 Dublin Boulevard #200 Dublin, CA 94568 925 - 829 -6565 16 KAT Construction $229,902 4251 Dry Creek Road Sacramento, CA 95838 916- 743 -2574 17 J & M, Inc. $230,524 6700 National Drive Livermore, CA 94550 925 - 724 -0300 18 W. R. Forde $232,172 984 Hensley Street Richmond, CA 94801 510- 215 -9338 NAPESUP\Cbradley \POSITION PAPERS \Morales \5954- PP - Award.doc Page 5 of 7 19 D. W. Young Construction Company $235,969 333 Camille Avenue Alamo, CA 94507 20 D. R. Lemings $242,446 1460 Washington Boulevard, C -3 Concord, CA 94521 925 - 672 -5600 21 Jonas & Associates, Inc. $252,920 1350 Arnold Drive, Suite 202 Martinez, CA 94553 22 M Squared Construction, Inc. $285,540 1266 — 9th Avenue San Francisco, CA 94122 23 G. D. Nielson Construction, Inc. $314,545 147 Camino Oruga Napa, CA 94558 -6215 707 - 253 -8774 24 Precision Engineering, Inc. $319,960 92 Natoma Street, #209 San Francisco, CA 94105 415- 621 -4882 BIDS OPENED BY /s/ Elaine Boehme DATE March 4, 2009 NAPESUP\Cbradley \POSITION PAPERS \Morales \5954- PP - Award.doc Page 6 of 7 N w w F- Q � aLOU) ( 0) W Z Z _000 MI- ZF- W 0 W w V of R Z 0 F- W I- W aw�a CO F� woo J � m , Z o o a H O V c O o 0 L +. p a- O M N N N c O 0 \e e O O O O O O O O 00 Re O M O M Ef! M r O O O O � � M E a Go O e 0 °0 0 00 0 00 0 00 0 00 0 °o ti M M M W W !A 40 !R z w 2 w � U) O Q z O � in C •O W c O Z O F- Z w E d Z W J , v to v o V w _ W •C O C� Q G Z Z c c p N C7 c c O 0 c m W F- y O H 0 � H `' o Z` M O O V a _ N .2 N Z � p w a H Z 0 Z O ` C c v V p N 0 W O O H a =F- < 0 oN . v c ` 4) O Z a W _ Q a a • c va (A Ci m w 0 . w � vv �Z Q U � a w O00 z m Z ea A m m -j 0 v CO) 0 N w ~ 00 V a w Qv O Z n 0 ti a� rn d Item No. 7.a.1 Alhambra Valley Assessment Districts Status Report Curtis Swanson March 19, 2009 Alhambra Valley Sewers ■ Trunk Sewer complete in March 2008. ■ 6,100 feet of 10 & 12 -inch sewer. ■ Can serve 66 properties directly and 300 properties indirectly. ■ Started 7 AVADs to finance sewers to neighborhoods. ■ Construction complete for 5 AVADs. 1 Sewer Connections ■ A total of 47 properties are connected to date. ■ Out of Agency Service Agreements have been signed with 3 property owners. ■ The Alhambra Oaks subdivision is on hold due to economic conditions. AVAD Status 2009 AVAD No. AVAD Status Properties Connected 1 Trunk Sewer Constructed 23/66 2 Gordon /Millthwait Constructed 16/46 3 Reliez Valley Constructed 0/16 4 Monteira Constructed 5/6 5 Creekside Oaks On Hold 0/8 6 Quail Lane Constructed 3/15 7 Via Vaqueros Designed _ 0/11 2 AVAD Process Next Steps ■ Inform residents about process to conclude AVADs. ■ Review reimbursement fees. ■ In June, conduct hearing and consider approval of final assessments for completed AVADs. ■ Add assessments to tax roll in August. 3 Levris On:fO -633 n 1) Plot Dot.: 19 -MAR -2009 09:54 By: mwoli ?'n 2) Fu> m.— K: \spcImaps \mappi g \d ham_Russ_mapl.dgn = 3> 47Kc \archive \MGE Map3\Sewer \dgn \apb367xOT tp)K : \std\ref \attl7.dgn 5)K: \archivRWGE Myps \Sewer \don \apb36 %OM »>KAarchive \MGE Mops \Sewer \dqn \opb155.dgp 6)K: \archive \MGE Maps \Sewer \dan \aob36fijog! 12)KAarchive \MGE Mops \Sewer \don \apbl64.dgn Agenda Item 7.a.2) Board Meeting of March 19, 2009 Written Announcements: Project Related Updates a) Public Bidding of Miner Road Trunk Sewer Improvement, DP 5951 The Miner Road Trunk Sewer Improvement Project will renovate approximately 3,800 linear feet of 15 -inch sewer lines within the public right -of -way by cured -in- place pipe (CIPP) method. EBMUD will also be working on Miner Road concurrently with the District while school is out. The District is fast tracking the design in order to meet this schedule. The District has attended bi- weekly coordination meetings with the City of Orinda and EBMUD, and has presented the project at two City Council meetings. This project will be advertised in late March or early April. Bids will be opened in late April or May. The construction cost is currently estimated at $1,250,000. b) Public Bidding of Northern Pumping Station Upgrades, DP 5971 The Northern Pumping Stations Upgrades Project consists of replacing and modifying various components at Concord Industrial, Clyde, Martinez, Moraga, and Orinda Crossroads pumping stations in order to prevent sewage overflows, reduce maintenance, and increase operating efficiency. This project will be advertised on April 13 and 20, 2009. Bids will be opened on May 8, 2009. The construction cost is currently estimated at $600,000. More information will be presented when the Board is asked to approve the construction contract at the May 21, 2009 Board Meeting. c) ADA and General Improvements, DP 8214 Improvements are necessary to ensure that the District offices that are accessible to the public comply with the latest ADA requirements. The ADA and General Improvements Project includes a remodel of the men's and women's restroom on the first floor of HOB, a remodel of the permit and reception areas, installation of a high -low drinking fountain, and handrail replacement in the west stairwell. Additionally, the exterior of the building will be sealed with caulking to minimize the potential for water damage during intense storms, and the locker - rooms at the Annex will be upgraded. These upgrades are identified in the District's Self Evaluation and Transition Plan. This project will be advertised on March 25 and 31, 2009. The bids will be opened on April 15, 2009. The construction cost is currently estimated at $235,000. More information will be presented when the Board is asked to approve the construction contract at the April 2, 2009 Board meeting. Meeting Updates d) South Orinda Sewer Renovation Project (Phase 4) Public Workshop The District hosted a public workshop at Del Rey Elementary School in Orinda on Tuesday, March 10, 2009 from 7:00 p.m. to 8:00 p.m. There were 32 attendees who wanted general information but they had no opposition to the project. Project topics discussed were construction impacts, paving and property restoration, and lateral replacement. Conferences/Trainings e) Schwing Bioset Service Seminar Attendance Maintenance Technician III Glen Bradley and Machinist Lee Sutherland will be attending the Schwing Bioset Service Seminar in Summerset, Wisconsin from April 20 through 24, 2009. The District uses Schwing pumps to convey dewatered sludge cake from the centrifuges to the multiple -hearth furnaces. These pumps are hydraulically operated, twin- cylinder, piston pumps. They are unique, complex pumps that are a critical component of the solids handing system. The seminar offers both classroom and hands -on instruction. The classroom portion of the seminar has working models and cut -a -ways of components, and the hands -on facility features several pieces of working equipment for interaction. Attendance at this seminar will expand in -house knowledge, improving our ability to maintain and repair our cake pumps. General Updates f) LAFCO Consideration of District Annexation 170 On March 11, 2009, the Contra Costa Local Agency Formation Commission (LAFCO) held a public hearing to consider District Annexation 170 (DA 170). One resident, Mr. Stuart Proffitt, asked the Commission to defer action by continuing the public hearing, and require the District to distribute additional information to affected property owners and hold a neighborhood meeting. Though several Commissioners encouraged the District to improve public outreach for annexations by holding future community meetings for affected areas and by including more clarification in mailings on future costs to connect, DA 170 was approved. The LAFCO Executive Director has asked the County Counsel to determine whether Mr. Proffitt's correspondence and testimony constitute objection to annexation of his property, which could trigger the need for LAFCO to hold protest proceedings regarding DA 170. The Executive Director will inform the District of the determination when it is made. g) Natural Gas Price Update The recent downturn in the economy has resulted in a significant reduction in long -term gas prices. At the February 5, 2009 Board Meeting, the Board of Directors authorized the prepurchase of natural gas through December 2012 at a price not to exceed $9 per decatherm (dth). With current gas prices down to six - year record lows, the District purchased 1,000 dth per day of natural gas for calendar year 2010 at a Pacific Gas and Electric Citygate price of $5.80 /dth. Agenda Item 7.a.2) Board Meeting of March 19, 2009 Additional Written Announcements: General Updates h) Cornell Pump Hook Up and Operation Practice Drill A practice drill to hook up and operate the Cornell pump used to bypass the San Ramon Pumping Station is scheduled for Wednesday, March 25, 2009 from 9 a.m. to 12 p.m. This is part of the normal training for Collection System Operations staff. City of San Ramon Director of Engineering Joye Fukuda has been notified. Communications Manager Michael Scahill will place informational door hangers on nearby homes announcing the drill on Monday, March 23, 2009. i) Connection Fee Payment Deferment It was previously reported to the Board that President Nejedly's request to defer payment of the connection fee until occupancy would be discussed at the April 16th Board meeting. President Nejedly has directed that this item be presented for discussion at the April 2nd Board meeting instead. Central Contra Costa Sanitary District Board Meeting March 19, 2009 Board Member McGill Item 7.d.1) FUTURE MEETINGS AND CONFERENCES WITH PAID EXPENSES AND /OR STIPEND Will attend the Mayors' Conference April 2, 2009, Walnut Creek Future Committee Meetings: None scheduled this period MEETINGS AND CONFERENCES THAT EXPENSES AND /OR STIPEND WAS PAID Committee Meetings Capital Projects March 18, 2009 Attended the Mayors' Conference March 5, 2009, Danville Presentation regarding Emergency Radio System integration Attended Supervisor Uilkema Breakfast Presentation by Contra Costa County Treasurer -Tax Collector Bill Pollacek March 19, 2009 Item 7.d.2 Announcements Met Assembly Member Nancy Skinner's Staff with, General Manager Jim Kelly and Michael Scahill as part of "day in the district" March 6, 2009 Toured West County Wastewater Facilities with EJ Shalaby March 6, 2009 Attended Contra Costa Council Land Use Task Force Meeting March 11, 2009 Attended Contra Costa Council Water Force Meeting March 17, 2009 Will Attend: Contra Costa Council Board Meeting March 20, 2009 Special Contra Costa Council Meeting with David Crane, Special Assistant to the Governor March 25, 2009 'Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 19, 2009 No.: 8.a. Engineering Type ofAction: NOTICE OF INTENT TO TERMINATE GENERAL AGREEMENT subject: AUTHORIZE THE GENERAL MANAGER TO NOTICE THE CONTRA COSTA WATER DISTRICT OF OUR INTENT TO TERMINATE THE "GENERAL AGREEMENT FOR RECYCLED WATER BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT AND CONTRA COSTA WATER DISTRICT AS AMENDED AND RESTATED (SEPTEMBER 2004)" Submitted By: Initiating Dept. /Div.: Ann E. Farrell, Director of Engineering Engineering / Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: WIM IRV K. Alm me . Kelly General Manager ISSUE: The termination of any active Central Contra Costa Sanitary District ( CCCSD) agreement requires approval by the Board of Directors. RECOMMENDATION: Authorize the General Manager to notice the Contra Costa Water District (CCWD) of our intent to terminate the General Agreement for Recycled Water between CCCSD and CCWD as Amended and Restated (September 2004) - effective November 1, 2009. FINANCIAL IMPACTS: Since CCWD has not participated financially in the construction costs of any of CCCSD's recycled water projects to date, there is no significant financial impact in terminating this General Agreement. ALTERNATIVES /CONSIDERATIONS: The Board could decide not to terminate the General Agreement and instead continue attempting the development of additional recycled water projects under the provisions of this Agreement. BACKGROUND: The General Agreement with CCWD was negotiated in 1994 with a ten -year term to "facilitate development of recycled water projects by either District." In 2004, this Agreement was amended effective November 2, 2004, and the Agreement term was reduced to 5 years with a termination provision. If CCCSD wishes to terminate the General Agreement, they must notice CCWD not less than six months prior to the end of any five -year period. If CCCSD notices CCWD of our intent to terminate by May 1, 2009, discussions may continue until the Agreement officially terminates on November 1, 2009. N: \ENVRSEC \Position Pape rs \Farrell\2009 \March 19 Position Paper- Terminating CCWD Gen Agreement-1 Page 1 of 3 POSITION PAPER Board Meeting Date: March 19, 2009 subject: AUTHORIZE THE GENERAL MANAGER TO NOTICE THE CONTRA COSTA WATER DISTRICT OF OUR INTENT TO TERMINATE THE "GENERAL AGREEMENT FOR RECYCLED WATER BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT AND CONTRA COSTA WATER DISTRICT AS AMENDED AND RESTATED (SEPTEMBER 2004)" The General Agreement for Recycled Water between CCCSD and CCWD governs the terms and conditions under which recycled water may be purveyed to customers within CCWD's service area and requires both agencies to jointly coordinate planning and implementation of recycled water projects. Unfortunately, the General Agreement has not been conducive to development of new large -scale recycled water projects, either for industrial reuse or landscape irrigation. In recent efforts to develop an industrial recycled water project, CCCSD has held discussions with the Shell and Tesoro oil refineries in Martinez regarding the potential to supply recycled water for cooling towers and boiler feedwater. The two refineries use more than 20 million gallons per day (22,500 acre -feet per year) of raw Delta water — water that could be treated to supply drinking water to the region. In the almost 15 years that the General Agreement has been in effect, CCCSD's continuing efforts to supply local refineries with recycled water have been met with a series of CCWD concerns, and CCWD has demonstrated no interest in participating in such a large -scale industrial recycling project. In addition, last year's planned expansion of the landscape irrigation program into the Diamond /Meridian Park Boulevard area of Concord had to be deferred because of CCWD requirements to install additional, costly backflow prevention devices on fire service lines to commercial buildings. This requirement has been waived in many other jurisdictions that seek to encourage retrofitting properties to utilize recycled water for landscaping. Due to this requirement, large -scale expansion of our recycled water landscape irrigation program through retrofit of existing commercial buildings is no longer cost - effective unless outside funding assistance can be obtained. CCCSD's Board Recycled Water Committee has held a series of meetings over the last six months to discuss the limitations of the General Agreement to increasing recycled water use and has updated the full Board on their findings. The Committee concurs with staffs recommendation to notice CCWD of our intent to terminate the existing General Agreement. Terminating the existing General Agreement would allow CCCSD to either renegotiate a new Agreement with CCWD that is more conducive to large - scale recycled water projects or pursue other opportunities for the beneficial reuse of the almost 40 million gallons per day of treated, disinfected wastewater that is simply discharged into Suisun Bay. CCCSD's highly treated effluent could be a year -round resource to the region. Of immediate interest is the proposed expansion of CCWD's Los Vaqueros Reservoir, which is being touted as easing Bay Area water problems by expanding the reservoir from 100,000 to 275,000 acre -feet for three options and 100,000 to 160,000 for a fourth option. Two of these options have a stated operational emphasis on increasing water N: \ENVRSEC \Position Papers \Farrell\2009\March 19 Position Paper- Terminating CCWD Gen Agreement-1 Page 2 of 3 POSITION PAPER Board Meeting Date: March 19, 2009 subject: AUTHORIZE THE GENERAL MANAGER TO NOTICE THE CONTRA COSTA WATER DISTRICT OF OUR INTENT TO TERMINATE THE "GENERAL AGREEMENT FOR RECYCLED WATER BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT AND CONTRA COSTA WATER DISTRICT AS AMENDED AND RESTATED (SEPTEMBER 2004)" supply reliability in part by storing water in wet years for use in dry years. The environmental document for the proposed Los Vaqueros Expansion project makes no mention of the potential for recycled water to fulfill any portion of this need for increased water supply reliability in the Bay Area. The fact is that full implementation of the Martinez refinery projects, as proposed by CCCSD, would result in up to 22,500 acre - feet per year of additional water supply on a year in and year out basis, regardless of drought conditions. The State of California has long maintained that recycled water is an important component of a long -term, reliable water supply. The Water Recycling Act of 1991, the 2000 Water Recycling in Landscaping Act, the 2005 California Water Plan and the 2009 Statewide Water Recycling Policy all had as their primary goal the increased use of recycled water in the State. CCCSD supports this statewide goal and wants to work with any and all interested parties to supply local refineries or any other potential large - scale industrial users, such as power plants, with recycled water. Utilizing recycled water will reduce the demand on potable water supplies, ease demands on the already endangered Delta and lessen the potential for water rationing during any future drought. CCCSD believes that noticing CCWD of our intent to terminate the current General Agreement for Recycled Water is a way to inject our ongoing discussion of large -scale recycled water project implementation with the urgency appropriate to the current state of water supply in the State of California. We recognize that cooperation among all public agencies and stakeholders is the best solution. Our objective is to reinvigorate these cooperative efforts. RECOMMENDED BOARD ACTION: Authorize the General Manager to notice the CCWD of our intent to terminate the "General Agreement for Recycled Water between Central Contra Costa Sanitary District and Contra Costa Water District as Amended and Restated (September 2004)" - effective November 1, 2009. N: \ENVRSEC \Position Papers \Farrell\2009\March 19 Position Paper- Terminating CCWD Gen Agreement-1 Page 3 of 3 CONTRA COSTA WATER DISTRICT 1331 Concord Avenue P0. Box H2O Concord, CA 94524 (925) 688 -8000 FAX (925) 688 -8122 www.ccwnter.com March 1. 8, 2009 Directors Joseph L. Campbell Mr. ,ia.rrie5 M. Kelly y General Manager Karl L. Wandry Central Contra Costa. Sanitary District Vice President 501.9 Imhoff place Elizabeth H, Anpllo Martinez, CA. 94553 -4392 Bette Boatmun John A. Burgh S. ot. Walter J. Bishop Subject: Notice of Intent to Terminate Recycled Water General Agreement GBnen. ! Manager Dear Mr. Kelly: . This is in response to your e-mail to me on March 1. 6, 2009 giving notice of Central Contra Costa Sanitation's District's (CCCSD) March 1.9, 2009 Board item to consider termination of the general agreement between the two agencies for the development of recycled water projects. The agreement, which has been in place since 1.994, resolved a lawsuit: between the two agencies, has been successful, and sets forth how the two agencies work together on recycled water projects going forward.. Contra Costa Water District (CCUVD) is disappointed. you are recommending to your Board to serve notice of termination after telling me three weeks ago that you were considering what to do and had not reached any conclusions. There are several inaccuracies in CCCSD's position paper to your Board and I request that you correct them before the CCCSD Board takes any action. The CCCSD position paper incorrectly states that the agreement is not conducive to developing recycled water prqjects. More recycling occurs within CCWD's service area on a per capita basis than any other northern California water agency. These agreements with CCCSD and Delta Diablo Sanitation District (DDSD) have produced this .result. Through a. Proposition 50 grant program, CCWD led an effort with DDSD, Pittsburg and Antioch to bring $1.6 million of state funding to increase water recycling in our area. CCWD is continuously evaluating recycled water opportunities in the content of its long -term water supply plan and has recently participated in the Regional Industrial Reuse Study, suggesting an exchange option that would facilitate a large scale industr.ia.l recycling project. It is a misrepresentation to say the agreement is holding back the Martinez project or the landscape project. The main issue behind both of these projects is cost-effectiveness and CCCSD has not demonstrated they are cost - effective. in, fact, it was CCCSD's determination in the early 1980's that the Martinez project was not cost - effective that led to CCCSD pulling out of the project. The agreement negotiated in 1,994 settled the dispute that arose from that action. Central Contra Costa Sanitary District Notice of Intent to Terminate Recycled Water General Agreement March 1$, 2009 Page 2 The CCCSD position paper states that the Martinez Refinery Recycled Water Project would. create 22,500 acre -feet of water supply that could be used within. the .region. CCCSD's discharge is already being recycled in the Delta. All water that is discharged into the Delta (including treated wastewater by CCCSD) helps repel salinity intrusion into the Delta. Water project operators must replace reduced flows to the Delta by making additional releases of high quality water from upstream sources, such as Shasta and Oroville reservoirs, to prevent salt water intrusion. As you know, not all recycled water that reduces discharges to the Delta is "new" water, that grows the available supplies. For every 10 gallons of wastewater not discharged into the Delta, six gallons must be released frow. upstream reservoirs to maintain flow and water quality standards in the Delta. The CCCSD position paper claims that CCWD's standard requirements for backflow prevention caused CCCSD's planned expansion of its landscape irrigation program to become not cost - effective. The unit costs for the project even without backfl.ow prevention costs were well over $1,000 per acre foot, which is not cost effective when compared to other sources of supply, including transfers, water conservation, and desalination. Backflow prevention devices are required to protect public health and safety by eliminating potential for cross contamination of the public's drinking water supply and are required for all non - potable supplies, and its costs did not make the project not cost-effective. The position paper states that the Los Vaqueros Reservoir Expansion Project draft EIS/EIR did not consider recycling as an alternative. This is incorrect, as recycling was considered, but it .failed to meet project objectives and cost- effectiveness criteria. Los Vaqueros Reservoir Expansion objectives are about increased storage to meet drought supply and fishery benefits. Both the CALFED Program and the more recent Delta Vision Committee recognized the differences in function between storage and water use efficiency, including recycling, and the need for both, not one or the other. CCCSD's unilateral termination of an agreement that facilitates coordinated development of water recycling is counter to what public agencies should be doing, especially in times of drought. CCWD foresees cost - effective recycled water opportunities in the future, including the potential for up to 2,000 acre -feet of recycled . water as part of the Reuse Plan of the former Concord Naval Weapons Station. CCWD staff will be arranging a meeting next week to begin working on this project and the business plan to support it. Sincerely, Walter J. B shop General. Manager WJB /JDB:rnc a. a. RECYCLED WATER PROGRAM Notice of intent to terminate CCWD General Agreement for Recycled Water CCCSD Board Meeting March 19, 2009 Agreements with Contra Costa Water District (CCWD) • General Agreement with CCWD negotiated in 1994 with a ten year term to "facilitate development of recycled water projects by either District." • Zone 1 project agreement negotiated with CCWD in 1995 allows CCCSD to purvey recycled water in areas of Pleasant Hill, Concord and Martinez ...continues if General Agreement terminated. • General Agreement amended in 2004 and agreement term reduced to five years with termination provision. • 0 &M agreement negotiated with CCWD in 2004 to maintain and repair recycled water pipelines. Is the General Agreement with CCWD the appropriate tool for encouraging recycling? • Since being amended in 2004, few significant users have been added to Pleasant Hill Zone 1 and no significant backbone extension has occurred • Attempts by CCCSD to significantly expand landscape irrigation were made too costly by CCWD enforcement of backflow prevention requirements • Attempts by CCCSD to supply local refineries have been met with a series of CCWD concerns and no interest in participating in such a project Wo can reach only one conclusion... The CCWD General Agreement as currently written has NOT facilitated the development of new significant recycled water projects, either for landscape irrigation or industrial recycling. CCCSD wishes to pursue all available options to expand our Recycled Water Program..... • Notify CCWD of intent to terminate General Agreement 6 months prior to effective date of November 1, 2009. • Meet with CCWD over next 6 months to determine their interest in crafting a new agreement that would more effectively facilitate expansion of recycled water use. • Concurrently explore other options through local, State and Federal partnerships. Questions Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 19, 2009 No.: 8.b. Engineering Type of Action: ADOPT RESOLUTION Subject: ADOPT A RESOLUTION APPROVING FIVE CAPITAL PROJECTS FOR CEQA PURPOSES TO QUALIFY FOR FUNDING ELIGIBILITY FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 Submitted By: Initiating Dept✓Div.: Clint T. Shima, Assistant Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: C. Shima B. Than R. Leavitt T. Pi ecki A. Farrell K. Alm Jams elly, General Manager ISSUE: Board of Directors' approval of five capital projects is required prior to the filing of Notices of Exemption under the District's California Environmental Quality Act (CEQA) Guidelines. RECOMMENDATION: Adopt a resolution approving five capital projects for CEQA purposes to qualify for funding eligibility from the American Recovery and Reinvestment Act of 2009. FINANCIAL IMPACTS: This position paper only approves the projects for CEQA purposes and does not award a construction contract. It will financially benefit the District if any funding is ultimately received from the American Recovery and Reinvestment Act of 2009. ALTERNATIVES /CONSIDERATIONS: The Board of Directors may delay or decline to approve one or more of these projects. The result will be that the project(s) will lose eligibility for funding from the American Recovery and Reinvestment Act of 2009. BACKGROUND: The American Recovery and Reinvestment Act of 2009 (Act) was signed into law on February 17, 2009. The Act allocates $4 billion for capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act. California expects approximately $280 million for projects that are ready to proceed to construction within 12 months. The details surrounding state level implementation remain unclear. State Water Resources Control Board ( SWRCB) staff is proposing changes to the existing Clean Water State Revolving Fund ( CWSRF) process. The SWRCB will decide on these proposed changes at its March 17 Board Meeting. Projects must be added to the CWSRF Priority List 2009 -2010 to be eligible for federal stimulus funding. CCCSD has submitted seven capital projects (see list) to the California CWSRF Priority List. Due to the short time period allowed by the Act to distribute stimulus funds, staff is asking the Board to approve and complete the CEQA process for five capital projects. Approval of a project and direction to file a Notice of N: \PESUP \Position Papers \ShimaWlm- AmericanRecReinvest- CEQA- PP- AEF- RL.doc Page 1 of 3 POSITION PAPER Board Meeting Date: March 19, 2009 subject. ADOPT A RESOLUTION APPROVING FIVE CAPITAL PROJECTS FOR CEQA PURPOSES TO QUALIFY FOR FUNDING ELIGIBILITY FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 Exemption is normally considered by the Board at the time of award of a construction contract. The CEQA process must be completed for funding eligibility from the American Recovery and Reinvestment Act of 2009. CAPITAL PROJECTS SUBMITTED TO THE CALIFORNIA CWSRF PRIORITY LIST CCCSD Project Estimated Costs CEQA Process CSO Facility Improvements $17,725,000 Mitigated Negative Declaration Adopted 12/20/07 Wet Weather Bypass Improvements $3,287,000 Mitigated Negative Declaration Adopted 10/8/08 Concord Recycled Water, Phase 1 $4,200,000 Proposed Exemption Solids Handling Improvements $4,470,000 Proposed Exemption Primary Structures Demolition $1,474,000 Proposed Exemption Diablo Renovations, Phase 1 $1,410,000 Proposed Exemption Pleasant Hill Renovations, Phase 1 1 $1,500,000 Proposed Exemption Two of the seven projects have completed their CEQA process and received Board of Directors' approval. On December 20, 2007, the Board of Directors adopted Resolution No. 2007 -201 approving the Mitigated Negative Declaration, Mitigation Monitoring Program, and the Collection System Operations Facilities Improvements Project, DP 8208. On October 16, 2008, the Board of Directors adopted Resolution No. 2008 -110 approving the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and the Wet Weather Bypass Improvement Project, DP 7241. Staff has concluded that the Solids Handling Improvements, DP 7260, and the Primary Structure Demolition, DP 7255, are exempt from CEQA under CCCSD's CEQA Guidelines Section 15301 since they involve minor alterations to an existing public facility (the treatment plant) involving negligible or no expansion of use. The Solids Handling and Primary Structures Demolition projects are included in the Fiscal Year 2008/09 Capital Improvement Budget (CIB) on pages TP 22 and 23 and TP 50 and 51, respectively. Staff has concluded that Diablo Renovations, Phase 1, DP 5953, and Pleasant Hill Renovations, Phase 1, DP 5961, are exempt under CCCSD's CEQA Guidelines NAPESUP \Position Papers \Shima\Alm- AmericanRecReinvest- CEQA- PP- AEF- RL.doc Page 2 of 3 POSITION PAPER Board Meeting Date: March 19, 2009 subject ADOPT A RESOLUTION APPROVING FIVE CAPITAL PROJECTS FOR CEQA PURPOSES TO QUALIFY FOR FUNDING ELIGIBILITY FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 Section 15302 since they involve replacement or reconstruction of existing public facilities with no increase in dry weather capacity. The Diablo Renovations, Phase 1, and Pleasant Hill Renovations, Phase 1, projects are included in the Fiscal Year 2008/09 CIB on pages CS 13 and 14 and CS 26 and 27, respectively. As part of the A -Line Relief Interceptor, Phase 2A, DP 5980, staff bid a Recycled Water System that would serve a portion of Zone 1, located east of 1 -680 and south of Concord Avenue. This entire service area has been re- titled the Concord Recycled Water Project, to differentiate it from other Zone 1 recycled water projects. At the October 18, 2007, Board meeting, the Board postponed approval of a portion of the Concord Recycled Water Project pending resolution of the Contra Costa Water District's (CCWD) requirements to install additional costly backflow prevention devices on existing fire water service to buildings. As a result of subsequent discussions with CCWD, CCCSD acknowledged that the additional backflow protection devices must be installed to comply with CCWD code. For the project to be cost - effective, CCCSD needs to obtain outside funding assistance. Staff has concluded that the Concord Recycled Water Project, DP 7194, is exempt under CCCSD's CEQA Guidelines Section 15061(b) (3), since it can be "seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." This certainty is based on information from CCCSD's 2007 A -Line Relief Interceptor and Concord Interceptor Sewer Project Mitigated Negative Declaration which pertained to construction of nearby sewer pipelines; the developed nature of the project area (public golf course and city streets); CCCSD's past experience with numerous pipeline construction projects of this nature; and CCCSD's mitigating construction specifications that would be required of the project. The Concord Recycled Water Project is included in the Fiscal Year 2008/09 CIB as part of the Zone 1 Recycled Water Project, pages RW 3 and 4. No funding for the construction of the Concord Recycled Water Project is included in Fiscal Year 2008 -09 CIB /CIP. This project would only be pursued if an outside source of funding became available. Approval of these last five projects will establish the Board of Directors' independent finding that these projects are exempt from CEQA. RECOMMENDED BOARD ACTION: Adopt a resolution (attached) approving five capital projects for CEQA purposes to qualify for funding eligibility from the American Recovery and Reinvestment Act of 2009 and direct staff to file a Notice of Exemption with the Contra Costa County Clerk and the State of California under CCCSD's CEQA Guidelines. N:\PESUP \Position Papers \Shima\Alm- AmericanRecReinvest- CEQA- PP- AEF- RL.doc Page 3 of 3 RESOLUTION NO. 2009- A RESOLUTION APPROVING FIVE CAPITAL PROJECTS FOR CEQA PURPOSES FOR FUNDING ELIGIBILITY FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 WHEREAS, Central Contra Costa Sanitary District ( CCCSD) will be seeking funding for seven capital projects from the American Recovery and Reinvestment Act of 2009 by applying to the State of California's State Water Resources Control Board's (SWRCB) Clean Water State Revolving Fund; and WHEREAS, completion of the California Environmental Quality Act (CEQA) documentation process would expedite State consideration of funding; and WHEREAS, two of the projects (the Collection System Operations Facility Improvements and the Wet Weather Bypass Improvements) have completed their CEQA process with CCCSD's approval of Mitigated Negative Declarations for each; and WHEREAS, CCCSD staff has concluded that the five remaining projects are exempt from CEQA for the following reasons: • Solids Handling Improvements, DP 7260 and the Primary Structure Demolition, DP 7255 are exempt under CCCSD's CEQA Guidelines Section 15301 since they involve minor alterations to an existing public facility (the treatment plant) involving negligible or no expansion of use; Diablo Renovations, Phase 1, DP 5953 and Pleasant Hill Renovations, Phase 1, DP 5961 are exempt under CCCSD's CEQA Guidelines Section 15302 since they involves replacement or reconstruction of existing public facilities with no increase in dry weather capacity; The Concord Recycled Water Project, DP 7194, is exempt under CCCSD's CEQA Guidelines Section 15061(b) (3), since it can be "seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." This certainty is based on information from CCCSD's 2007 A- Line Relief Interceptor and Concord Interceptor Sewer Project Mitigated Negative Declaration which pertained to construction of nearby sewer pipelines; the developed nature of the project area (public golf course and city streets); CCCSD's past experience with numerous pipeline construction projects of this nature; and CCCSD's mitigating construction specifications that would be required of the project; and WHEREAS, approval of these five projects will establish the Board of Directors' independent finding that these projects are exempt from CEQA. NAPESUP \Position Papers \Shima\Att 1 to AmerRecReinvestResolution.doc NOW, THEREFORE, be it resolved that the Board of Directors of the Central Contra Costa Sanitary District does hereby approve the Solids Handling Improvements, DP 7260, the Primary Structure Demolition, DP 7255, Diablo Renovations, Phase 1, DP 5953 Pleasant Hill Renovations, Phase 1, DP 5961, and the Concord Recycled Water project. FURTHERMORE, be it resolved that the Board of Directors of the Central Contra Costa Sanitary District does hereby independently find that these five projects are exempt from CEQA for the reasons stated herein and directs staff to file a Notice of Exemption with the Contra Costa County Clerk and the State of California under CCCSD's CEQA Guidelines. PASSED AND ADOPTED this 19th day of March 2009, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm Counsel for the District NAPESUP \Position Papers \Shima\Att 1 to AmerRecReinvestResolution.doc Agenda Item 8.b American Recovery and Reinvestment Act of 2009 (ARRA) March 19, 2009 CCCSD Board Presentation ARRA Invests $789 Billion To Stimulate Economy • $288 billion in tax cuts • $144 billion state and local fiscal relief • $357 billion in federal spending programs - $80.9 billion infrastructure • $45.2 billion transportation • $20.7 billion government facilities - $4 billion Clean Water State Revolving Fund (SRF) • $15 billion supplemental 1 ARRA California Wastewater Investment Limited Compared to Needs ARRA INVESTMENT • $4 billion Nationwide Clean Water SRF investment • $283.1 million allocated to California Clean Water SRF BAY AREA NEEDS • BACWA informal survey of 12 Bay Area agencies current CIP's $2.7 billion next five years or $540 million per year • ARRA California Clean Water Investment of $283.1 million is only half the $540 million in the one year CIP's of 12 Bay Area agencies and it is to be allocated over the entire State CALIFORNIA NEEDS • Clean Watersheds Needs Survey 2004 report to Congress $20.5 billion in total needs for California wastewater infrastructure, five times the total ARRA Nationwide Clean Water Investment of $4 billion How is California's $283.1 million to be allocated? • Subsidy Fund — 25% to communities with mean household income less than 80% of statewide average and /or spend more than 4% of MHI for wastewater treatment — 25% to projects that lost previously committed state grant funding — Per March 17, 2009 SWRCB meeting, add up to 15% to above categories • Low Interest Fund — 20% to "Green" projects (0% Interest) — Remaining 15% to 30% or $42.5 million to $85 million available for general distribution (1 % Interest) 2 CCCSD Projects Total $34 million or 80% of Total Discretionary $42.5 million in ARRA Funds for all of California • Solids Handling Improvements $4.47 M • Wet Weather Bypass Imps $3.287 M • Primary Structure Demolition $1.474 M • Diablo Sewer Renovations, Ph 1 $1.41 M • Pleasant Hill Sewer Ren., Ph 1 $1.5 M • CSOD Admin, Crew etc Facility $17.725 M • Concord Recycled Water, Ph 1 $4.2 M Best Chance for ARRA funding may be "Green" Projects • 20% or $56.6 million in ARRA funds available for "Green" projects — need definition of what will qualify • Represent CSOD Facility as "Green" due to LEED Certification and Green infrastructure for Storm Water • Represent Concord Recycled Water Project, Phase 1 as Green Project • Complete Application and Approval by July 18, 2009 3 How will ARRA funds be delivered? • Will consider 65% of Funds for "loan forgiveness" — CCCSD does not qualify • Remaining 35% of Funds will be in the form of a loan — Interest rate expected to be 0 % -1 % Preference for "Shovel Ready" Projects..... . • Must have obtained all permits • Must have 100% complete plans and specifications • Must have completed all environmental documentation.....CEQA Ifl Board Action Needed..... • CEQA already completed for two of ARRA submitted projects • Adopt Resolution approving remaining five projects for CEQA purposes to qualify for ARRA funding 5